Sector Expertise
Highly Regulated Industries
Construction, educational childcare environments, or activities governed by a decree: we tailor our services to regulatory realities that require specialized expertise.
Construction
Novare’s expertise in construction grew out of its occupational health and safety practice, its immersion in the field alongside industry stakeholders, and its understanding of the labour relations realities specific to this sector.
Over the years, our clients’ needs have led us to become involved in an expanding range of matters involving the main bodies that regulate the industry: the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), the Commission de la construction du Québec (CCQ) and the Régie du bâtiment du Québec (RBQ). As a result, we have developed integrated expertise in the legal, regulatory and operational issues specific to the construction industry.
Today, we primarily support general and specialized contractors facing the many legal and regulatory obligations that govern their activities, although we also have expertise working with project owners.
We advise and represent contractors, employers and principal contractors with respect to:
- whether work is subject to the Act respecting labour relations, vocational training and workforce management in the construction industry (Act R-20);
- the interpretation and application of Act R-20, its regulations and the collective agreements in the construction industry;
- the preparation of legal opinions on these same matters;
- obtaining, maintaining or modifying RBQ licences;
- the obligations and responsibilities of licence guarantors;
- issues relating to professional qualification and access to the industry;
- challenges before the competent authorities following inspections, investigations or statements of offence involving the RBQ, the CCQ or the CNESST;
- recourses and litigation involving the RBQ, the CCQ or the CNESST;
- the interpretation and application of the Building Act, the Act respecting occupational health and safety (AOHS), the Act respecting industrial accidents and occupational diseases (AIAOD), and the regulations made under them.
Because we understand field realities, our recommendations take into account both legal requirements and our clients’ operational imperatives.
We also offer tailored training for industry stakeholders on various matters, including occupational health and safety, labour relations and regulatory obligations specific to the construction sector. Please consult our training catalogue to discover the activities offered.
Trainings to go further
Here is an overview of the trainings you could take to improve your knowledge of construction, OHS and labour relations in this sector.
Act Respecting Collective Agreement Decrees and Parity Committees
Although the connection may seem less obvious at first glance, collective agreement decrees and the construction industry are based on a similar logic of sector-based labour relations, where employers must navigate a legislative framework separate from the one that applies to most businesses.
We support employers subject to a collective agreement decree in understanding and applying their legal obligations, as well as in their interactions with the parity committees responsible for enforcing these regimes.
We advise and represent employers with respect to:
- analyzing and determining workers’ legal status, especially to assess whether a person carries on activities as an employee or as a self-employed worker;
- drafting and reviewing contracts, as well as providing support to ensure consistency between agreements reached and the practices actually applied within the business;
- drafting and reviewing policies, procedures and management tools adapted to the reality of employers subject to a collective agreement decree, particularly with respect to human resources management, occupational health and safety, and prevention of psychological harassment (Employment Policies and Contracts, OHS Prevention and Psychological Harassment and Investigations);
- developing prevention measures and occupational health and safety practices adapted to the specific features of their sector of activity (OHS Prevention);
- whether an employer or activities are subject to a collective agreement decree;
- the interpretation and application of the Act respecting collective agreement decrees, its regulations and the decrees made under it;
- drafting legal opinions on these same matters;
- audits, investigations and claims carried out by parity committees;
- disputed questions arising from inspections, investigations or claims;
- civil, administrative or penal appeals involving a parity committee.
Because misclassifying a worker’s status or misinterpreting applicable obligations can have significant financial consequences, particularly when the same practices are repeated with several workers, we help employers understand their responsibilities, assess the risks associated with their decisions and implement practices that comply with legal requirements.
Educational Childcare Services and Childcare Environments
Novare’s expertise with educational childcare services has developed through its support of daycares and early childhood centres (CPEs), whether subsidized or not, unionized or non-unionized.
We understand the particular challenges faced by executive directors, assistant directors, pedagogical directors and other members of management, who must ensure the quality of services provided to children, comply with regulatory obligations and manage their teams on a day-to-day basis.
We support members of management with respect to:
- the interpretation and application of the Educational Childcare Act and its regulations;
- managing situations involving inappropriate behaviour toward a child or behaviour that compromises a child’s health, safety or well-being, within the meaning of sections 5.2 and 5.3 of the Educational Childcare Act;
- training members of management on their legal obligations, as well as on preventing, reporting and managing inappropriate behaviour (trainings);
- training educators and other staff members on expected conduct and the obligations they must meet in the performance of their duties (trainings);
- developing, reviewing and implementing policies, procedures, guides, educational frameworks and other management tools adapted to the reality of childcare environments (Employment Policies and Contracts, OHS Prevention and Psychological Harassment and Investigations);
- supporting members of management during investigations conducted by the Ministère de la Famille or the Commission des normes, de l’équité, de la santé et de la sécurité du travail;
- disciplinary and administrative management of employees, as well as supporting members of management in decision-making;
- representations and interventions with the Ministère de la Famille;
- managing situations involving a multisectoral agreement and supporting members of management after it is triggered;
- developing prevention measures and occupational health and safety practices adapted to the reality of childcare environments (OHS Prevention).
Because a situation involving a child, a staff member or a member of management can have major human, administrative and operational consequences, we help childcare environments understand their obligations, assess the risks associated with their decisions and intervene quickly when the situation requires it. Depending on the circumstances, the consequences may include the suspension or revocation of a permit, the loss of an absence of impediment, administrative or disciplinary sanctions, penal prosecutions and, in some cases, investigations or criminal charges.
Trainings to go further
Here is an overview of the trainings you could take to improve your knowledge of managing educational childcare environments.
Do you operate in a highly regulated sector and want to secure your practices? A strategic analysis from the outset often makes it possible to better frame your obligations, reduce your risks and choose the best course of action.