Articles

Pay Registers: the Construction Commission Tightens the Screws!

The Regulation respecting the register, monthly report, notices from employers and the designation of a representative (the “Regulation”) provides that every employer in the construction industry must keep a detailed pay register on file at the employer’s place of business. In the past, the Commission de la construction du Québec (the “Commission”) has tolerated some laxity in this regard but is now getting stricter and appears to be issuing more and more statements of offence for incomplete registers.

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Acquired rights: Unstable Ground!

The Supreme Court of Canada recently rendered a judgment1 holding that unless the owner of a business that is operating in violation of a currently in force municipal zoning bylaw can clearly establish having an acquired right to do so, the business owner may be liable to a fine, despite the fact that the municipality, in this case the City of Québec (the “City”), knew of the offending use for decades, had provided assistance with the operation of the business and had even collected taxes on the non-compliant use.

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Independent Contractor Status

It is commonplace for businesses and persons working for them to seek to structure or modify their relationship in order to benefit from the workers being characterized as independent contractors. This allows the business not to have to make payroll deductions for the workers, and the latter can enjoy the tax benefits of being considered independent contractors.

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St. John the Baptist Day – a Primer on Employers’ Obligations

Summer is at hand (almost) and summer vacations as well.

Every year, employers become concerned about their obligations in connection with the St. John the Baptist Day National Holiday. First of all, this statutory holiday is governed by a specific statute, namely the National Holiday Act, and not by the Labour Standards Act, which governs all other statutory holidays.

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Is There Such a Thing as Simultaneous Custody of Contaminated Land?

Pursuant to sections 31.43 and 31.49 of the Environment Quality Act (the “EQA”), the Minister of Sustainable Development, Environment, Wildlife and Parks1 (the “Minister”) may order that any person that has or has had custody of a parcel of land since March 1, 2003 perform a characterization study on that land and rehabilitate the land if it is found to be contaminated.

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