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Law Column

June 2009 Law Column

IMPORTANT DECISION ISSUED

L'Ordre des arpenteurs-géomètres du Québec wins case against the Commission de la Construction du Québec

By Sylvain Lallier, lawyer

 

Last March 18th, the Honourable Suzanne Ouellet, of the Superior Court, issued an important decision in a dispute between l’Ordre des arpenteurs-géomètres du Québec (OAGQ) and the Commission de la construction du Québec (CCQ) regarding whether or not Quebec land surveyors and their assistants are accountable to the Commission de la construction du Québec.

 

Judge Ouellet began her contextual analysis by reviewing an enforcement directive issued on August 20 1998 by the CCQ, which had the effect of making members of the OAGQ accountable to the CCQ. She then proceeded to conduct an exhaustive analysis of the law concerning not only the CCQ, but also the OAGQ, which is a professional corporation established according to the Professional Code. In practice, the accountability of the Arpenteurs-géomètres du Québec to the CCQ is based on the obligation of land surveyors to hold proper qualification certificates to work at construction sites within the meaning of An Act Respecting Labour Relations in the Construction Industry (Bill R-20).

 

Judge Ouellet decided that all work exclusive to the profession of land surveyors as described in section 34 of the Land Surveyors Act can be carried out at construction sites during or at the time of construction work, and that it is not necessary for land surveyors or their assistants acting in compliance with the Land Surveyors Act to hold any competency certificate or business licence granted as per the terms of an Act respecting labour relations, vocational training and manpower management in the construction industry (Bill R-20).

 

Land surveyors are therefore a duly constituted profession and cannot be obliged to comply with an Act Respecting Labour Relations in the Construction Industry (Bill R-20) in order to work on a construction site.

 

The professional acts of land surveyors and their assistants as described in section 34 of the Quebec Land Surveyors Act are not construction work within the meaning of Bill R-20, and we must conclude that all complaints that may have been made or could be made by the CCQ regarding work executed by land surveyors or their assistants on construction sites are not receivable and must be dismissed.

 

On June 8th the Court of Appeal granted a motion to dismiss the appeal on the grounds that the CCQ’s appeal had no chance of success. This decision should end the debate unless the Supreme Court decides to hear the matter, which would be surprising.