Investigations and Penal Matters
Investigations, Statements of Offence and Penal Representations
When a regulatory body comes knocking, every exchange matters: we support you in protecting your rights, your evidence and your operations.
CNESST and CCQ Investigations, Parity Committees and the Ministère de la Famille
When an investigation, inspection or request for information is initiated by a public authority, every exchange matters. A poorly prepared response, a document sent without prior analysis or incomplete evidence can influence the course of the matter, including the possible issuance of a statement of offence.
We support organizations and their officers based on the public authority involved, the applicable legislation, the context of the intervention and the possible consequences for operations.
Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)
We support employers, including establishments, construction companies and other workplaces, as well as prime contractors and clients in the construction industry, in any investigation under the Act Respecting Occupational Health and Safety (AOHS) or its regulations, including the Safety Code for the Construction Industry and the Regulation Respecting Occupational Health and Safety, as well as in any investigation or statement of offence concerning the Act Respecting Labour Standards.
Commission de la construction du Québec (CCQ)
We support employers in the construction industry within the meaning of the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry (Act R-20), in any investigation under that Act or its regulations.
Parity Committees
We support employers subject to any applicable decree in defending them in connection with statements of offence related to non-compliance with the applicable decree or the Act Respecting Collective Agreement Decrees.
Ministère de la Famille (MFA)
We support educational childcare environments, whether subsidized or not, including daycares and early childhood centres (CPEs), as well as persons in authority, including executive directors and assistant directors, during investigations into any offence under the Educational Childcare Act or its regulations. Our support is aimed more specifically at situations involving children’s health and safety, as well as allegations of inappropriate conduct, attitudes or practices.
Our support may include notably:
- organizing the file and documenting relevant events;
- identifying, preserving and organizing evidence;
- analyzing the information to be provided and the documents to be produced;
- preparing communications with inspectors or representatives of the body;
- providing support during visits, investigations, inspections or requests for information;
- providing in-person or remote support, depending on the needs of the matter.
The objective is to secure the process from the outset, avoid missteps and, where possible, reduce the risk that a statement of offence will be issued.
Representation Following a Statement of Offence
When a statement of offence is issued, it should not be approached as a mere financial penalty. Even when the organization was not supported during the investigation or inspection, a strategic analysis remains essential before deciding whether to pay, contest, negotiate or settle the matter.
In many cases, the consequences extend well beyond the amount claimed. A guilty plea, a conviction or a poorly assessed settlement may, among other things, affect the licence issued by the Régie du bâtiment du Québec (RBQ), the authorization of the Autorité des marchés publics (AMP), the qualitative score in calls for tenders, continued participation in or eligibility for a prevention mutual group, as well as the company’s reputation and ability to operate.
At this stage, the investigation file, available defences, settlement options and potential consequences for the organization must all be carefully considered.
Each matter must therefore be assessed in its broader context, considering not only the amount claimed, but also the potential legal, operational and commercial consequences.
We represent, among others, employers, prime contractors, owners, daycares, CPEs and persons in authority who are subject to statements of offence or penal proceedings arising from these regimes.
- the CNESST, for offences under the AOHS or its regulations, including the Safety Code for the Construction Industry and the Regulation Respecting Occupational Health and Safety, as well as statements of offence under the Act Respecting Labour Standards;
- parity committees, for statements of offence related to non-compliance with an applicable decree or the Act respecting collective agreement decrees;
- the Crown prosecutor, notably for proceedings arising from:
- investigations under the Educational Childcare Act or its regulations;
- investigations or statements of offence related to Act R-20 or its regulations following a CCQ investigation;
- investigations or statements of offence related to the Building Act or its regulations following an RBQ investigation;
- investigations related to the Act Respecting Labour Standards, following a statement of offence issued by the CNESST, labour standards division.
Our services may include:
- analyzing the statement of offence, the investigation file and the factual context;
- assessing legal, operational and commercial risks;
- identifying available defences;
- developing an adapted strategy: payment, contestation, negotiation or settlement;
- preparing evidence and representations;
- making representations before the courts and competent authorities.
Are you the subject of an investigation, an inspection, a request for information or a statement of offence? Acting quickly often makes it possible to better assess the risks, preserve the evidence and choose the appropriate strategy.