The Court of Appeal has rendered a very interesting decision that enriches the case law on labour relations in the construction industry, illustrating the complexity and constant evolution of this sector and confirming the importance of a rigorous analysis of the rights and obligations of the parties.
In the fast-paced world of construction sites, every action counts and every rule is important. A union representative arrives at a construction site to recommend the hiring of a worker to a contractor. The contractor refuses which leads to an altercation. The contractor orders the representative to leave the premises. Following this incident, criminal proceedings are brought against the union representative for illegally referring labour in contravention of sections 119.0.1 and 119.11 of the Act respecting labour relations, vocational training and workforce management in the construction industry (hereinafter “the Act”).
At his trial, the union representative is found guilty by a judge of the Court of Québec. This guilty verdict automatically results in his disqualification from directing or representing a trade union for a period of five years, pursuant to section 119.11 of the Act.
Believing this sanction to be unconstitutional, the union representative, with the support of his association, files an action to challenge the constitutional validity of section 119.11. He argues that the penalty of disqualification violates freedom of association, protected by section 2(d) of the Canadian Charter of Human Rights and Freedoms (hereinafter “the Charter”) and section 12 of the Charter, on the grounds that such a sanction constitutes excessive treatment or punishment. The Superior Court dismisses the appeal, but the case is brought before the Quebec Court of Appeal. What position does the Court of Appeal take?
The purpose of the labour referral service
The Court of Appeal notes that sections 119.01 and 119.11 of the Act were adopted with the aim to eliminate union placement in the construction industry. The legislature established a mandatory, centralized, fair and transparent labour referral service to ensure fair and orderly access to employment. This service is administered by the Commission de la construction du Québec, which ensures compliance with its application. In the event of a violation, the Act provides for significant sanctions. On the one hand, the offender is liable to criminal penalties. On the other hand, a conviction automatically results in a sanction of disqualification from directing or representing a trade union association for a period of five years.
The scope of freedom of association
Freedom of association, protected by section 2(d) of the Charter, guarantees the fundamental right of employees to associate to achieve collective objectives, such as improving working conditions through the negotiation of a collective agreement. A violation occurs when an employee is prevented from joining a trade union, or when a law does not allow collective participation in the negotiation of a collective agreement. However, the Quebec Court of Appeal considers that disqualification results from conduct contrary to the Act. The purpose of the labour referral service is to eliminate union placement and prevent acts of violence, threats and intimidation on construction sites, while promoting union pluralism. Union representatives must act at all times with transparency, integrity and in accordance with the purpose of the referral service.
Protection against cruel and unusual treatment or punishment
Section 12 of the Charter guarantees the right to protection against cruel and unusual treatment or punishment. The objective is to protect the human dignity of individuals against physical or psychological pain and suffering resulting from treatment or punishment. The bar is very high to prove infringement of this right. In these circumstances, sections 119.01 and 119.11 of the Act do not produce excessively disproportionate effects. The sanction of disqualification does not deprive a person of their liberty. The person found guilty may continue to practise their trade in the construction sector and participate in union activities. The Court of Appeal considers that the penal sanction and disqualification ensure compliance with the labour referral system and promote transparency and accountability among union actors. In the circumstances, such sanctions cannot be considered shocking, odious or incompatible with the fundamental values of society.
Advice for contractors
In construction, legal rigour is a guarantee of stability and success. Complying with the labour referral service means protecting your business, your teams and the reputation of the sector.
Compliance with the labour referral service is essential to promoting equitable access to employment in the construction industry. A conviction under section 119.0.1 of the Act has significant consequences.
Any person or association that contravenes the rules relating to the labour referral service in the construction industry is liable to significant penal sanctions, with fines ranging from $2,500 to $12,500 for a natural person and from $7,500 to $37,500 for a legal person[1].
Beyond the financial impact, these offences can also lead to disqualification measures, preventing the offender from representing their trade association for several years. These sanctions are intended to ensure compliance with the official labour referral system and to preserve integrity and transparency in the construction industry.
Contractors must ensure compliance with the labour referral service in order to guarantee practices, stability and the maintenance of transparent, cordial and responsible working relationships.
[1] As of 14 November 2025.
