126 (1) In this section and in sections 126.1 to 168, “council of trade unions” means a council that is formed for the purpose of representing or that according to established bargaining practice represents trade unions as defined in this section; (“conseil de syndicats”) “employee” includes an employee engaged in whole or in part in off-site work but who is commonly associated in work or bargaining with on-site employees; (“employé”) “employer” means a person other than a non-construction employer who operates a business in the construction industry, and for purposes of an application for accreditation means an employer other than a non-construction employer for whose employees a trade union or council of trade unions affected by the application has bargaining rights in a particular geographic area and sector or areas or sectors or parts thereof; (“employeur”) “employers’ organization” means an organization that is formed for the purpose of representing or represents employers as defined in this section; (“association patronale”) “non-construction employer” means, (a) an employer who does no work in the construction industry for which the employer expects compensation from an unrelated person, or (b) an employer who is deemed to be a non-construction employer under subsection 127 (1); (“employeur extérieur à l’industrie de la construction”) “sector” means a division of the construction industry as determined by work characteristics and includes the industrial, commercial and institutional sector, the residential sector, the sewers and watermains sector, the roads sector, the heavy engineering sector, the pipeline sector and the electrical power systems sector; (“secteur”) “trade union” means a trade union that according to established trade union practice pertains to the construction industry. (“syndicat”)  1995, c. 1, Sched. A, s. 126; 1998, c. 8, s. 16; 2000, c. 38, s. 22; 2019, c. 4, Sched. 9, s. 13. Application of subss. (3, 5) (2) Subsections (3) and (5) apply with respect to an employer or a non-construction employer where a trade union, council of trade unions or affiliated bargaining agent or employee bargaining agency, as defined in section 151, has bargaining rights in relation to construction work performed by or on behalf of that employer or non-construction employer.  2000, c. 24, s. 2. Single employer declarations (3) The following apply if an application is made under subsection 1 (4) for a declaration that two or more entities should be treated as constituting one employer and any of the entities is an employer or a non-construction employer: 1. The Board shall not consider any relationship by way of blood, marriage or adoption between an individual having a direct or indirect involvement with one of the entities and an individual having a direct or indirect involvement with any of the other entities. 2. If the applicant proposes that the entities should be treated as constituting one employer because an individual was a key individual with respect to two or more of them and if the time at which the individual was alleged to have been a key individual with respect to one of the entities is a different time than that at which he or she is alleged to have been a key individual with respect to the others, the Board shall consider, i. the length of any hiatus between when the individual was a key individual with the one entity and when the individual was a key individual with the other entity or entities, ii. whether the first entity with respect to which the individual is alleged to have been a key individual was one with which he or she occupied a formal management role, and iii. whether the first entity with respect to which the individual is alleged to have been a key individual was able to carry on business without substantial disruption or loss when he or she ceased to be involved with that entity.  2000, c. 24, s. 2. Definition (4) In subsection (3), “entity” means a corporation, individual, firm, syndicate or association or any combination of any of them.  2000, c. 24, s. 2. Sale of a business (5) In determining whether an employer or a non-construction employer has sold a business, the following apply: 1. The Board shall not consider any relationship by way of blood, marriage or adoption between an individual having a direct or indirect involvement with the employer or non-construction employer that sold the business and an individual having a direct or indirect involvement with the person to whom the business was allegedly sold. 2. If it is alleged that the employer or non-construction employer sold a business because an individual was a key individual in relation both to the alleged seller and to the person to whom the business was allegedly sold and if the time at which the individual was alleged to have been a key individual in relation to the alleged seller is a different time than that at which he or she was alleged to have been a key individual in relation to the person to whom the business was sold, the Board shall consider, i. the length of any hiatus between when the individual was a key individual in relation to the alleged seller and when the individual was a key individual in relation to the person to whom the business was allegedly sold, ii. whether the individual occupied a formal management role with the alleged seller, and iii. whether the alleged seller was able to carry on business without substantial disruption or loss when the individual ceased to be involved with the alleged seller.  2000, c. 24, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 16 (1) - 24/08/1998 2000, c. 24, s. 2
- 16/12/2000; 2000, c. 38, s. 22 (1, 2) - 30/12/2000 2019, c. 4, Sched. 9, s. 13 - 04/07/2019