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4 min read
By: Léa Plourde-Archer
4 min read
By: Léa Plourde-Archer
Advice for contractorsThe consequences of a bankruptcy on obtaining the RBQ licence
You are a renovation contractor and you have experienced bankruptcy of your company? There are all sorts of reasons why a renovation business can go bankrupt. It is far from being a question of competence and the quality of the work done.
Sometimes it's after bad luck, because of the state of the economy, as a result of situations with colleagues and many other reasons that are wholly or partly out of your control.
All this is to say that bankruptcy does not necessarily mean the end of your career as a business homeowner. Indeed, even if your company has gone bankrupt, there are ways to recover an RBQ license and be able to return to work.
Here are some important things you should know about it.
Portrait of a situation: your business must close following a declaration of bankruptcy. You will therefore lose the RBQ license with which you did your work. If you have other companies associated with other licenses, these may also be affected. Depending on the reason that led to the bankruptcy of your business, you may face consequences that can vary in duration from a few months to several years.
It is with the RBQ that you will have to find out if you will be able to get your license back and if so, under what conditions and within what time frame. Be aware that there are subtleties between personal bankruptcy and bankruptcy that is protected by the incorporation of the company.
Therefore, you find yourself bankrupt, without the possibility of working legally as an entrepreneur. It's not ideal as a situation, but it's not the end of your career!
If your goal is to get an RBQ license back and open a new renovation business in a few years, don't lose hope! The system is made to allow you to have other chances, especially if the bankruptcy is not due to personal faults and misconduct on your part.
First of all, you have to be patient. It is a matter of time, organization and humility. You may have to go to work as an employee for a period of time, the time to make a name for yourself and put your finances back on track. Your skills as an entrepreneur can be used and you won't need to turn your thumbs while waiting for the bureaucracy to do its work! For example, you could work as a team leader in another company.
After about a year (or more, depending on the situation), you will be able to plead your case with the RBQ. It's possible that if your file is in order and that you can prove that the bankruptcy is not caused by serious misconduct, you can get a license back fairly quickly.
Statistics show how common it is to go bankrupt during an entrepreneurial career. That doesn't mean it's the end! Indeed, it is absolutely possible to get back up after bankruptcy and be able to return to work, while having learned very important lessons.
Indeed, if you have experienced bankruptcy, you are right to experience frustrations, but do not forget that it can be a rich experience from which you will learn a lot!
For example, if your business was not incorporated and you were forced to file personal bankruptcy in addition to closing your business, you are not going to want to take that risk next time! Your next company, you will quickly want to incorporate it to protect yourself. That way, the risk will be less and you will be able to get back on your feet more easily if your next business ever faces difficulties.
Want to start the incorporation process for your business? Lex start is here to help! Lex start offers affordable incorporation legal kits (check their website to see the current rates) as well as unparalleled support so that the process is as simple as possible for you and your renovation company.
RenoQuotes.com can help you get home renovation contracts. We get requests from clients looking for trusted home renovation professionals just like you. Fill out the form on our homepage (it only takes a few minutes), and you will receive information on how to get new clients for your renovation company through our service.
Last modified 2023-03-20
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SoumissionRenovation.ca • 03 May 2023
Adopting sustainable building practices in Quebec means aligning with the ongoing global evolution. Makenzie Lystrup, director of NASA’s Goddard Space Flight Center, emphasized this vision by taking an oath on Carl Sagan’s book, reminding us that our planet is but a small pale blue dot amidst the vastness of the universe. To safeguard our planet, proactive initiatives are essential—and one of these is green building—a significant step towards making a difference. Why opt for sustainable building in Quebec? Source: Canva Opting for green building in Quebec means actively contributing to limiting greenhouse gas emissions. In residential areas, it accounts for 10.1% of the province’s total emissions. Hence, green building is, more than ever before, necessary. School networks, municipal bodies, as well as companies are venturing into sustainable building. In the healthcare sector, 88% of institutions strive for energy efficiency. Nearly a third of all bids now include eco-friendly criteria. Ensuring the quality of the environment is paramount, but so is safeguarding its occupants. Companies functioning within the construction industry are no longer operating with blinders; they’re now prioritizing sustainable, high-performing, and safe building materials. What are the environmental standards for sustainable buildings? Source: Canva In Quebec, numerous organizations oversee green buildings. However, they, first and foremost, come up with assessment tools, guidelines, and handbooks, instead of standards, strictly speaking. The Government of Quebec brings to the forefront 6 organizations or handbooks to guide you into sustainable building practices: LEED Home CSA standard Z782-06 BOMA BEST Green Globes The Environmentally Responsible Construction and Renovation Handbook Guide des options écolos (Guide to Eco-Friendly Options) These initiatives all stem from Great Britain’s 1990 assessment, BREEAM (Building Research Establishment Environmental Assessment Method), the pioneering tool used to evaluate and certify buildings based on their environmental impacts. LEED Home This globally recognized certification program stands for Leadership in Energy and Environmental Design. It concerns: Building design Sustainable materials Buildings’ high-performing status This certification program operates on a points system awarding buildings with a platinum, gold, or silver rating. For existing buildings, the certification is valid for a period of 3 years, while new constructions are without an expiration date. CSA Standard Z782-06 This standard states the guidelines for design disassembly and adaptability in buildings. Its purpose is to encourage companies to minimize the environmental and social impact caused by their actions by promoting a circular system that reprocesses end-of-life materials. As a result, it mainly targets waste management. The guidelines established by this standard rely on the understanding of building performance in relation to environmental issues by construction industry stakeholders. It mainly targets: Architects Managers Property owners CSA standard Z782-06 doesn’t grant certifications. BOMA BEST This program is presented as a collection of standards and practices focused on making commercial buildings eco-friendlier. Hence, they aren’t legal standards, per se. As a matter of fact, BOMA Canada isn’t a branch of the Government of Quebec, but rather a national association representing commercial real estate agents. Companies are invited to participate on a voluntary basis. Its goal is to facilitate the assessment of buildings’ energy efficiency, as well as environmental management, by property owners and administrators. It’s intended for the following buildings: Commercial centres Office buildings Retail locations Healthcare institutions Residential buildings Light industry Program participation grants one of 5 BOMA BEST certifications. In Canada, 2,740 buildings have already been certified, of those, 410 are in Quebec. This certification is valid for 5 years but is lowered to 3 years for single-family dwellings. Green Globes Green Globes is a web-based assessment tool that’s primarily used in Canada and in the United States, and is organized into two distinct parts: New constructions Sustainable designs It mainly covers the following: Commercial buildings Institutions Residential buildings Schools Healthcare institutions Warehouses Green Globes has a unique twist: self-assessment. It’s an online questionnaire paired with a manual. Certain documents must be submitted via the platform, such as: Blueprints Building’s life cycle assessment Energy modelling Rainwater management etc. Green Globes has been used for more than 10 years in Canada and is certified by the General Services Administration (GSA), an American agency, which is responsible for assessing environmental building certification programs. The Environmentally Responsible Construction and Renovation Handbook Source: Canva When choosing sustainable building practices in Quebec, this handbook will provide clear guidance. It defines the materials and products that contribute to sustainable building practices and explains how to: Improve indoor air quality Reduce energy consumption Manage water Treat construction, demolition or renovation waste For example, to safeguard your health, avoid using carpets as they harbour numerous chemical products and aren’t CRI-certified (The Carpet and Rug Institute). Guide to Eco-Friendly Options Here’s another sustainable building guide (Guide des options écolos), this one was issued by the APCHQ, an association grouping 3,200 construction and renovation industry professionals in Quebec. Its goal is to provide individuals with accurate information regarding how to: Reduce their ecological footprint Manage their water consumption Limit their energy consumption Improve indoor air quality Reduce their greenhouse gas emissions Avoid wasting natural resources For instance, you can contribute to preserving natural resources by opting for eco-friendly carpets, FSC-certified lumber (Forest Stewardship Council), or choosing aluminum shingles. The service life of the latter is 40 years, compared to asphalt shingles’ 15 to 20 years. Sustainable Building Policies for Businesses Source: Canva Sustainable building relies on a societal change that can solely be achieved by the provincial government’s momentum. As a result, Quebec launched the Government Sustainable Development Strategy 2023-2028. This Strategy includes policies aimed at the participating industries to improve environmental quality: Sustainable construction Water management Material choices Indoor air quality The points mentioned above coincide with those monitored by certification organizations and those targeted by guides and handbooks we’ve already referenced. This goes to show that all construction industry stakeholders agree on the same guidelines and work together to promote the growth of sustainable building practices. Since 2002, Canada Green Building Council (CaGBC) encourages all building industry professionals to implement sustainable building practices in their projects. As part of this initiative, the CaGBC funds theses that focus on analyzing the life cycle of materials, waste management, or carbon tracking. Symposiums and conferences are centred around a circular economy. Most importantly, funding is allocated to businesses. As a result, the City of Montréal provides assistance to businesses engaged in construction and renovation projects that adhere to sustainable development principles. ESSOR is a provincial financial assistance program that helps growing businesses. One of its components is specifically designed to assist Quebec-based businesses in reducing their environmental footprint. Sustainable construction isn’t the sole focus of grants: Hydro-Québec provides funding of up to 3 million dollars to improve the industrial processes of businesses. The Fonds Ecoleader (eco-leader fund) provides up to $100,000 to help acquire clean technologies and develop eco-responsible business practices. The Ministère de l’Énergie et des Ressources Naturelles (Ministry of Energy and Natural Resources) offers up to 40 million dollars to help reduce GHG emissions. Recyc-Québec offers a grant of $400,000 to help businesses treat waste materials. Investissement Québec, partnering with the Compétivert initiative, assists businesses using clean technologies, and plans on funding between 1 and 5 million dollars. Information Regarding the Available Training Bâtiment Durable du Québec (BDQ) is the go-to organization for training courses. It unites no less than 600 members from all trades, providing genuine expertise on the matter of sustainable building in Quebec. The training offered by the BDQ is qualifying since it leads to non-specific LEED credits that meet the requirements of the U.S. Green Building Council. The training covers the whole construction industry: Life cycle of materials Zero carbon building standards Building’s shell Mechanical and electrical systems Green roofs Bioclimatic In addition, LEED and LEED v4 training courses are available.
Cynthia Laferrière • 22 Apr 2023
In early 2023, new regulations regarding construction site-related affairs came into effect. Among these new rules, one specifically highlights workers' accountability, or more precisely, their active involvement in improving worksite health and safety. In fact, when a worksite is to welcome over 20 labourers simultaneously, at one point or another, the principal contractor must, on top of putting together a prevention plan, form a construction committee as soon as work is set to begin. Why is such a committee necessary, and how can you ensure it’s properly structured? Construction Committee Regulations and Functions Source: Canva The committee is established at the beginning of worksite operations and must remain active to the very end of the construction project. The reasons for requiring employees to meet on a regular basis are as follows: Ensuring the terms of the prevention program and safety standards are met. Making certain that on-site employer workflows are implemented and operational. Receiving worksite health and safety feedback (complaints and suggestions). Reviewing accident reports and submitting recommendations. Examining inspection reports. Keeping a record of meeting minutes. Who’s responsible for the on-site construction committee? Source: Canva First off, the principal contractor, meaning the person responsible for ensuring work is being done according to schedule during a construction project, must put together the committee. To fill vacant seats, a notice should be issued to all employees and employers. If there’s an workers’ association, the principal contractor must ensure the workers name a representative. The Safety Code, as part of the Building Act, lists regulations to follow in terms of structuring a committee: Assign a general contractor or owner representative Assign representative(s) for every employer (manager, superintendent, foreperson) Assign representative(s) for each of the present workers’ associations Assign health and safety representative(s) Assign a health and safety coordinator/officer Besides the general makeup of the committee listed above, equality is another important factor to consider. As such, there must be just as many employer representatives as there are employee representatives. If a construction worksite has more employers present than the maximum amount of representatives allowed by the committee, those who will sit on the board are the ones employing the most labourers. If numerous health and safety coordinators and representatives are elected, due to a high number of active workers, they must all attend committee reunions. Again, if the number of representatives exceeds that of available board seats, the represented associations will have to decide together on which members will attend reunions. What does a health and safety coordinator do? Title holders must have a construction site safety officer certificate or a course certificate as a health and safety coordinator, issued by the CNESST, which is a minimum of 240 hours of training. The appointed health and safety coordinator handles all committee affairs. The individual in question holds a full-time managerial position on the construction worksite, under the direct supervision of the principal contractor. Here’s a more detailed list of their tasks: Inspect the work site and identify potential sources of hazards Help design and update the prevention program Ensure workers are aware of risks and the best trade-specific work practices Investigate past or hypothetical incidents or causes of accidents Accompany the inspector during visits Put together the agenda or schedule for construction committee meetings (however, all committee members can suggest changes) Write up the minutes and keep a record of all worksite health and safety-related elements (must be kept for a month after the project has wrapped) Note that the coordinator can share this list of tasks with the principal contractor. Construction Committee Meetings Source: Canva The employer and principal contractor are responsible for putting together meeting details and schedules. Typically, meetings are held during regular work hours and account for hours worked. Note that the person in charge will have a maximum of 14 days after the project has begun to set the very first meeting. Afterwards, the frequency at which the meetings will be held is determined based on the number of labourers present on the worksite. Under 100, the committee must meet every fortnight. Over 100, they’ll have to plan a weekly meeting. An Effective Construction Committee During the first meeting, if one or more members are first-time members of such a group, it may be useful to provide information regarding their specific role within the committee and the purpose of a construction committee. Prior to meetings, all committee members should receive the agenda to incite participation, as they’ll be able to prepare ahead of time and focus on the matters to be discussed. It goes without saying that a structured plan and comprehensive documents, maybe with annotations, will make the whole process more efficient. A structured agenda should, at the very least, feature the following elements: Follow-up on, and monitor, already discussed matters, if needed Suggestions from worksite labourers and active committee members Incident statistics, investigations, and analyses In-house or outsourced reports of the latest inspections Pinpoint upcoming risks as the worksite is furthering along and changing (new tradespersons involved, new chemical products used, etc.) Changes made to the prevention program to reflect decisions made Naturally, other topics of discussion are tailored to the context and priorities. CNESST Training for Construction Committee Members As of January 1st, 2024, the Regulation respecting prevention programs on construction worksites will mandate that all active members of a construction committee obtain a certificate of training given by the CNESST. This training course, which lasts about an hour, is offered free of charge. Members are entitled to take a leave from work to complete this training, and to do so without a pay cut. Recently, CNESST has also introduced similar online training in collaboration with TÉLUQ University. The topics covered include: Act respecting occupational health and safety on construction worksites Construction worksite-specific prevention and participation program Construction committee regulations and functions Designing and implementing a construction site prevention program Those who already hold a certificate of training as a health and safety coordinator or representative are exempt from this step. Construction Committees in Other Provinces Source: Canva How does it work in neighbouring provinces or territories? For instance, it’s the same concept in Ontario and in Newfoundland and Labrador but is known as Joint Health and Safety Committees (JHSC). Just as it is in Quebec, the committee is shaped by individuals who both represent employers and employees, with the purpose of improving health and safety conditions, including risk assessment. This consultative organizational approach is an integral part of workers’ rights: the right to know, participate, and refuse to undertake unsafe work. The requirements for such a committee are based on the number of active workers on a worksite: 1 to 5 = no obligations 6 to 19 = 1 health and safety officer. JHSC is mandatory if there are regulations pertaining to designated substances 20 to 49 = JHSC of at least 2 members 50+ = JHSC of at least 4 members A committee member is required to inspect the worksite at least once a month. The overall functionings are very much like the ones detailed in this article regarding safety protocols mandated in Quebec. I am a woman, hear me roar! If you’re looking for a position in the construction industry, check out our article Training Programs for Women in Construction to get started! Curious about everything that relates to construction site health and safety? Here are a few other articles that might be of interest: What You Need to Know About Industrial Respirators Assembling Safe and Compliant Scaffolding for Yourself and Your Team Advice for Better Stress Management Mental Health in the Construction Industry
N/A • 18 Oct 2023
Canada is known for its dynamic economy and diverse population, which attracts a lot of foreign workers every year. To streamline their professional integration process and meet the needs of local employers, the government developed a pilot project for recognized employers in Canada. This pilot project was established to simplify the hiring process of foreign workers and provide them with a faster and simpler way to receive their Canadian permanent resident status. This article will focus on an in-depth overview detailing the different aspects factored into this pilot project. What is the REP exactly? Source: Canva This immigration pilot project was introduced by the Canadian government in order to meet the specific needs in terms of the workforce. Its purpose is to attract and retain qualified foreign workers in focus areas. A Three-Stream Immigration Program Temporary foreign worker This stream allows Quebec-based employers to hire temporary foreign workers to fulfill jobs that don’t require higher education. The selected temporary foreign workers can then request their permanent resident status in Quebec. International graduates This stream is addressed to international graduates from recognized Canadian institutions. International graduates who have an eligible job offer in Canada can apply for permanent residency. Semi-skilled trades This stream was specifically designed for foreign, semi-skilled workers in high-demand trades across certain regions in Canada. The semi-skilled foreign workers selected can also apply for their permanent residency in the region of their choosing. Trade Sectors Covered by the Pilot Project The recognized employers pilot project spans a wide range of trade sectors. However, certain sectors are especially targeted by this program, such as: Health Engineering Computer science Agriculture Food and beverage Hospitality Tourism These industry sectors are considered to have an ongoing need for a qualified workforce and the need to hire foreign workers to fulfill job openings. Employer Eligibility Criteria The following measures must be adhered to: Must be a government-recognized employer (a registered employer and in compliance with the Registraire des entreprises du Québec [Quebec Business Registry]) Must be an employer operating within an eligible trade sector Provide qualified foreign workers with a permanent job in one of the eligible fields detailed in the pilot project (a trade that meets the specific needs of the Quebec labour market) Provide proof that the job offer is fair and in compliance with the current labour standards and laws in Quebec. The employer has to provide a detailed job description, including: tasks and responsibilities; pay; benefits; work schedule, etc. Agree to support the foreign worker in their efforts to integrate Quebec by providing support systems, such as: helping them find an apartment; guiding them through government-offered services; promoting the French language, etc. Note that the above-mentioned criteria are subject to change and it’s advisable to consult the official information provided by the Government of Quebec to remain informed about the most recent eligibility criteria. REP Advantages Source: Canva For recognized employers Once recognized as a Quebec employer, there are numerous advantages offered. Here are some of the key perks: Access to a qualified workforce Recognized employers can recruit qualified foreign workers who meet their hiring criteria and job-specific workforce needs. This can benefit employers looking to hire suitable candidates for job openings that are more difficult to fill locally. Simplified hiring process The pilot project provides a simplified and fast-tracked hiring process for employers. For example, the job opening may be posted on a dedicated platform and the candidate selection process might be sped up. Extended work permit The foreign workers hired as part of the pilot project benefit from an extended work permit. This allows employers to rely on these employees long-term, thereby reducing the need to constantly plan ahead to fill vacant positions. Job transition opportunities The foreign workers hired as part of the pilot project can transition from one job to another more easily. This flexibility can benefit employers, who can then benefit from a larger talent pool. Personalized services Recognized employers benefit from personalized support throughout the hiring and integration process of foreign workers. This may include advice in terms of administrative guidelines, cultural and linguistic adaptation, and employee follow-ups. These advantages allow pilot project-recognized employers to strengthen their workforce, fulfill key job openings, and face head-on the labour shortage in certain industries. For foreign workers Foreign workers also benefit from a lot of advantages courtesy of the pilot project. Here’s a list of the main perks: Simplified application process Foreign workers can benefit from a simplified application process, which streamlines their permanent residency application in Quebec. Temporary job opportunities Foreign workers can obtain a temporary work permit through the pilot project, which allows them to legally work in Quebec throughout the duration of their work contract. Work permit extension opportunity Foreign workers who already have a provincial or federal work permit may be granted a work permit extension under the pilot project terms. Desirable job opportunities Foreign workers can fill desirable job opportunities offered by Quebec-recognized employers, which allows them to further develop their skills and professional experience. Family reunification opportunity Another perk offered to foreign workers participating in the pilot project is reuniting with their spouses and children in Quebec. Access to immigration services (Accompagnement Québec) Foreign workers participating in the pilot project have access to government-offered integration services, which can facilitate their integration and participation in Quebec society. Overall, the pilot project is designed for recognized employers in Quebec, offering foreign workers the opportunity to work legally, access desirable jobs, and benefit from a simplified process to obtain their permanent residency in Quebec. How can you participate in REP? Source: Canva To participate in REP (Recognized Employer Pilot) in Canada, follow these guidelines: 1- Verify company eligibility The REP is meant for employers who wish to fill vacant positions with qualified temporary foreign workers. Your company must be approved by the Temporary Foreign Worker (TFW) program established by the Government of Canada and meet specific criteria. 2- Participation application You must submit an application to the REP via the TFW. This application must include detailed information regarding your company, the description of the job openings, and the reason behind your desire to hire temporary foreign workers. 3- Wait for approval Once you’ve submitted your application, you’ll have to wait for approval from the TFW. The approval delay period may vary based on your application. 4- Hire temporary foreign workers Once your application is approved, you can start the temporary foreign worker hiring process. You can use hiring methods such as job postings, you can also participate in job fairs, etc. 4- Request work permit Once you’ve hired temporary foreign workers, you’ll need to help them with their work permit requests. The workers will submit their applications to the Canadian government, which will then process their eligibility. 5- Adhere to REP requirements As an employer participating in the REP, you’re required to adhere to the requirements outlined by the program, such as simplifying a worker’s transition to permanent residency (if applicable) and complying with the terms and conditions detailed in the work contract. Note that the program-specific details may change, therefore, it’s recommended to consult official government-issued resources to obtain up-to-date information regarding the REP. REP: A Fast-Track to Immigration for Foreign Workers The pilot project for recognized employers is a government initiative aimed at simplifying the hiring process of foreign workers and offering them a fast-track and streamlined path to permanent residency. Recognized employers benefit from advantages such as the opportunity to hire foreign workers without a labour market study, whereas foreign workers benefit from a simplified hiring process in their trades with the opportunity to expedite their permanent residency application. With this program, Canada fosters the professional integration of foreign workers, while meeting the needs of local employers in various economic sectors.
Cynthia Laferrière • 12 May 2023
Technological breakthroughs come hand in hand with a host of advantages, including the speed at which data can be compiled and the ease with which multiple pieces of information can be centralized. However, booming IT proficiency and ready access to digital tools also spell greater hacking risks and the need to protect large volumes of sensitive information. As a contractor, you without a doubt regularly collect a lot of personal and professional information, such as client contact information, employee SIN numbers, banking information, and much more. This goes without saying but, you have to ensure the confidentiality of all the aforementioned information. How to Protect a Company’s Personal and Professional Data Source: Canva Firstly, let’s take a closer look at the meaning of the terms used in this blog article. Personal information is defined as follows: Recorded information that can, directly or indirectly, identify an individual (name, date of birth, social insurance number, email address, etc.). A privacy policy is defined as follows: An overview of practices and measures instilled by a company to ensure the protection of an individual’s personal information. This policy is designed to inform the target public of the level of commitment involved in protecting the data collected and to help individuals provide informed consent. The risk of injury is defined as: An act and event that’s likely to harm the concerned individual or their property. This is a situation that could harm their interests, damage their reputation, cause financial losses, harm their credit history, expose them to identity theft, result in their loss of employment, etc. A confidentiality incident is defined as: Unauthorized access, unauthorized use and communication, or loss of personal information. In addition to various scenarios, this could encompass situations where an employee exceeds their authorized rights and responsibilities by snooping or usurping an identity. It could also include inadvertent data leaks, such as an email mistakenly sent to the wrong recipient, instances of cyber-attacks, or the loss or theft of a USB key containing a sensitive database, among other potential incidents. How to Legally Harvest Personal Information Canadian companies must maintain complete transparency when collecting personal data from individuals. You must: Explain how data is collected (telephone numbers, software, quotes, forms, etc.). Provide information about how data will be used (communication, contracts, newsletters, exclusive discounts, payments, etc.). Gather only information relevant and justifiable in relation to objectives. (For example, there’s no need to obtain a client's banking information for in-person payments or their date of birth for promotional email subscriptions.) Avoid disclosing the information to any third party without explicit consent from the concerned individual, and clearly state the purpose for which the information is being disclosed. (For example, a construction contractor has to provide a client’s information to a field expert to carry out plumbing or electrical work.) State that the individual can withdraw consent for the use of their information. Highlight the rights of access and rectification granted by law. Retain data only for a period that’s reasonably necessary. How to Write a Privacy Policy While specific regulations may not explicitly outline requirements in this matter, it’s best to have an easily accessible privacy policy that’s readily available to your clients. It should be written in straightforward language that’s easy to understand. It should include the following elements: A short description of your company’s activities and services. Include the name and contact information of the company responsible for collecting data (most likely your company but could also include a referral platform like ours). The name and contact information of the person(s) responsible for protecting personal information. Numbers 1-2-5-6-7 of the aforementioned list. The duration for which the collected data will be retained. The security measures implemented to protect information. The date the policy took effect and when it was last updated. What are the mandates imposed by Law 25? Source: Canva Since September 22, 2022, Quebec's Law 25 has modernized the legislative provisions concerning personal data protection, imposing new obligations on all individuals conducting business activities. Additional security regulations are set to be introduced in September 2023 and 2024. Since September 2022, you must: Appoint a data protection officer to oversee your company’s personal information protection and publish their contact information on your website (or any other media readily available if you don’t have a website). In the event of a privacy-related incident, promptly notify the Commission d'accès à l'information du Québec and all relevant parties, while maintaining an accurate and current log of such incidents. Obtain consent from the concerned individual prior to using their information for research, statistical analysis, commercial transactions, or any advertising and promotional purposes. As of September 22, 2023, you’ll need to: Apply policies regarding the governance of personal information, and state them in plain language on your website (or other communication methods). Write and publish a clear and concise privacy policy, particularly if you’re harvesting personal data through technology. Inform concerned individuals when they’re solely making a decision based on an automated process and when identification, location, or profiling technologies are employed. Destroy or render anonymous all personal information that’s no longer of use. Assess privacy factors when the law requires it and abide by new communication conditions, prior to divulging personal information outside of the province of Quebec, for example. Adhere to the latest regulations regarding obtaining consent for the collection, disclosure, or use of personal information belonging to minors or legal adults. Configure default settings to enforce the highest level of confidentiality and privacy. Comply with current personal information disclosure regulations to ease the grieving process. As of September 2024, you’ll need to: Provide all personal data collected through technology at the request of the concerned individual. The above-mentioned obligations regarding the protection of personal information apply regardless of the size of your company. Whether you employ 700 individuals, operate as a sole proprietorship, joint-stock company, or general partnership, all physical or artificial persons must adhere to their responsibilities by establishing and implementing best practices in terms of data protection. What’s cybercrime? Cybercrimes target your company’s confidential information and can manifest as the following: Malware that’s installed in incognito mode through apps or websites with the purpose of allowing a thief to access the content of your computer. Ransomware that blocks access to your computer and attempts to convince you to pay a sum of money to recover important data before it’s sold. Phishing uses more conventional methods, such as bogus emails or computerized calls intended to trick you into willingly providing personal information. Denial-of-service (DoS) attacks considerably increase the traffic on your website, making it virtually impossible for your clients to access. It’s a money-making technique that either asks you to pay to restore accessibility or sells you a bogus repair service. Rainbow tables access your server to get ahold of everyone’s information at once, then analyze password algorithms and gain access to an entire server. How to Protect Your Company’s Data Below are some valuable tips to help prevent cyber attacks. Regularly check your software Ensure that your operating system, software, and firewall are up to date, that your antivirus software is of the highest quality, and that your Wi-Fi network is secure. Identify any gaps in your data management and protection, and fine-tune your approach. If necessary, consult experts to find the right tools for your situation, and resolve any problems or potential cyber-security loopholes. Secure data internally Unfortunately, the threat of an untrustworthy individual within your immediate circle or company is a possibility. While countering such adversaries can be challenging, you have to establish effective measures to minimize the risk of data breaches. You could, for example, impose restrictions on computer access in your absence, prohibit USB keys, frequently reset passwords, deny former employees access to internal websites, and install software that logs who had access to what and when that occurred, etc. Furthermore, when hiring new talent, don't be shy about having them sign an ethical code and non-disclosure agreement (NDA). Educate yourself about data protection Train your employees about the risks of using technology outside a highly secure network. For example, logging on to a public network to find client information in your database or clicking on a pop-up ad aren’t recommended, nor is leaving your computer unattended in the presence of your children when you're getting ready to send a confidential email, and so on. Establish a cybersecurity protocol First, outline the steps to be taken, and identify whom to contact in the event of a security breach (police, banks, clients, suppliers, etc.). Then, systematically backup documents on the Cloud and an external hard drive. Likewise, all folders containing personal information should be encrypted, and their encryption keys kept off servers. Get cyber insurance Such insurance could prevent financial losses and crisis management issues, while also putting you in touch with a variety of experts (IT security experts, legal advisors, public relations specialists, etc.). This insurance could cover legal or mediation fees, partially refund your business operating losses, finance a client credit monitoring service, and even contribute to hiring a public relations firm if you require media communication. How to Protect Against Data Breaches Source: Canva As soon as you have reason to believe or are aware that your company's and/or your clients' personal data has been compromised, and that the situation involves a risk of significant injury, you must report it to the Privacy Commissioner of Canada and to the Commission d'accès à l'information du Québec. You should also inform all those concerned, and immediately log the incident in a database for a period of 5 years. Subsequently, put into practice measures to minimize the extent of the leak and prevent such an event from happening again. For example, you could recover or require the complete destruction of stolen personal information, then fine-tune your security methods and correct any shortcomings identified at the time of the incident. How to Provide Government Services with a Written Notice Include the following information: Company name and NEG (Quebec Enterprise Number). Name and contact information of the individual to contact in regard to the breach. Description of personal information involved. Circumstances of the incident, if possible. Date or period during which the breach occurred and when your company took notice. The number of individuals involved in the breach. List the elements that led you to believe that there was a serious risk of injury. Measures put in place to inform affected persons. Measures taken or planned to minimize the risk of a breach occurring to mitigate the impact of a breach and prevent your company's data protection from being jeopardized by another breach. How to Provide Those Involved with a Written Notice Include the following information: Name and contact information of the individual to contact in regard to the breach. Description of personal information involved. Circumstances of the incident, if possible. Date or period during which the breach occurred and when your company took notice. Advise provided by your company suggesting ways in which the affected person can reduce the risk of injury. Measures taken or planned to minimize the risk of a breach occurring to mitigate the impact of a breach and prevent your company's data protection from being jeopardized by another breach. Last but not least, besides the embedded links we've provided, here are a few other articles about construction IT that may be of interest: Construction Contractor: Why You Should Optimize Your Profile How to Create a Good Website for Your Home Renovation Company Renovation Contractor: Choosing an Estimation Software 6 Apps to Help You Run Your Renovation Business Contractors: Acquiring News Clients Through Social Media How to Use Artificial and Augmented Reality in Construction Industry
Cynthia Laferrière • 12 May 2023
Technological breakthroughs come hand in hand with a host of advantages, including the speed at which data can be compiled and the ease with which multiple pieces of information can be centralized. However, booming IT proficiency and ready access to digital tools also spell greater hacking risks and the need to protect large volumes of sensitive information. As a contractor, you without a doubt regularly collect a lot of personal and professional information, such as client contact information, employee SIN numbers, banking information, and much more. This goes without saying but, you have to ensure the confidentiality of all the aforementioned information. How to Protect a Company’s Personal and Professional Data Source: Canva Firstly, let’s take a closer look at the meaning of the terms used in this blog article. Personal information is defined as follows: Recorded information that can, directly or indirectly, identify an individual (name, date of birth, social insurance number, email address, etc.). A privacy policy is defined as follows: An overview of practices and measures instilled by a company to ensure the protection of an individual’s personal information. This policy is designed to inform the target public of the level of commitment involved in protecting the data collected and to help individuals provide informed consent. The risk of injury is defined as: An act and event that’s likely to harm the concerned individual or their property. This is a situation that could harm their interests, damage their reputation, cause financial losses, harm their credit history, expose them to identity theft, result in their loss of employment, etc. A confidentiality incident is defined as: Unauthorized access, unauthorized use and communication, or loss of personal information. In addition to various scenarios, this could encompass situations where an employee exceeds their authorized rights and responsibilities by snooping or usurping an identity. It could also include inadvertent data leaks, such as an email mistakenly sent to the wrong recipient, instances of cyber-attacks, or the loss or theft of a USB key containing a sensitive database, among other potential incidents. How to Legally Harvest Personal Information Canadian companies must maintain complete transparency when collecting personal data from individuals. You must: Explain how data is collected (telephone numbers, software, quotes, forms, etc.). Provide information about how data will be used (communication, contracts, newsletters, exclusive discounts, payments, etc.). Gather only information relevant and justifiable in relation to objectives. (For example, there’s no need to obtain a client's banking information for in-person payments or their date of birth for promotional email subscriptions.) Avoid disclosing the information to any third party without explicit consent from the concerned individual, and clearly state the purpose for which the information is being disclosed. (For example, a construction contractor has to provide a client’s information to a field expert to carry out plumbing or electrical work.) State that the individual can withdraw consent for the use of their information. Highlight the rights of access and rectification granted by law. Retain data only for a period that’s reasonably necessary. How to Write a Privacy Policy While specific regulations may not explicitly outline requirements in this matter, it’s best to have an easily accessible privacy policy that’s readily available to your clients. It should be written in straightforward language that’s easy to understand. It should include the following elements: A short description of your company’s activities and services. Include the name and contact information of the company responsible for collecting data (most likely your company but could also include a referral platform like ours). The name and contact information of the person(s) responsible for protecting personal information. Numbers 1-2-5-6-7 of the aforementioned list. The duration for which the collected data will be retained. The security measures implemented to protect information. The date the policy took effect and when it was last updated. What are the mandates imposed by Law 25? Source: Canva Since September 22, 2022, Quebec's Law 25 has modernized the legislative provisions concerning personal data protection, imposing new obligations on all individuals conducting business activities. Additional security regulations are set to be introduced in September 2023 and 2024. Since September 2022, you must: Appoint a data protection officer to oversee your company’s personal information protection and publish their contact information on your website (or any other media readily available if you don’t have a website). In the event of a privacy-related incident, promptly notify the Commission d'accès à l'information du Québec and all relevant parties, while maintaining an accurate and current log of such incidents. Obtain consent from the concerned individual prior to using their information for research, statistical analysis, commercial transactions, or any advertising and promotional purposes. As of September 22, 2023, you’ll need to: Apply policies regarding the governance of personal information, and state them in plain language on your website (or other communication methods). Write and publish a clear and concise privacy policy, particularly if you’re harvesting personal data through technology. Inform concerned individuals when they’re solely making a decision based on an automated process and when identification, location, or profiling technologies are employed. Destroy or render anonymous all personal information that’s no longer of use. Assess privacy factors when the law requires it and abide by new communication conditions, prior to divulging personal information outside of the province of Quebec, for example. Adhere to the latest regulations regarding obtaining consent for the collection, disclosure, or use of personal information belonging to minors or legal adults. Configure default settings to enforce the highest level of confidentiality and privacy. Comply with current personal information disclosure regulations to ease the grieving process. As of September 2024, you’ll need to: Provide all personal data collected through technology at the request of the concerned individual. The above-mentioned obligations regarding the protection of personal information apply regardless of the size of your company. Whether you employ 700 individuals, operate as a sole proprietorship, joint-stock company, or general partnership, all physical or artificial persons must adhere to their responsibilities by establishing and implementing best practices in terms of data protection. What’s cybercrime? Cybercrimes target your company’s confidential information and can manifest as the following: Malware that’s installed in incognito mode through apps or websites with the purpose of allowing a thief to access the content of your computer. Ransomware that blocks access to your computer and attempts to convince you to pay a sum of money to recover important data before it’s sold. Phishing uses more conventional methods, such as bogus emails or computerized calls intended to trick you into willingly providing personal information. Denial-of-service (DoS) attacks considerably increase the traffic on your website, making it virtually impossible for your clients to access. It’s a money-making technique that either asks you to pay to restore accessibility or sells you a bogus repair service. Rainbow tables access your server to get ahold of everyone’s information at once, then analyze password algorithms and gain access to an entire server. How to Protect Your Company’s Data Below are some valuable tips to help prevent cyber attacks. Regularly check your software Ensure that your operating system, software, and firewall are up to date, that your antivirus software is of the highest quality, and that your Wi-Fi network is secure. Identify any gaps in your data management and protection, and fine-tune your approach. If necessary, consult experts to find the right tools for your situation, and resolve any problems or potential cyber-security loopholes. Secure data internally Unfortunately, the threat of an untrustworthy individual within your immediate circle or company is a possibility. While countering such adversaries can be challenging, you have to establish effective measures to minimize the risk of data breaches. You could, for example, impose restrictions on computer access in your absence, prohibit USB keys, frequently reset passwords, deny former employees access to internal websites, and install software that logs who had access to what and when that occurred, etc. Furthermore, when hiring new talent, don't be shy about having them sign an ethical code and non-disclosure agreement (NDA). Educate yourself about data protection Train your employees about the risks of using technology outside a highly secure network. For example, logging on to a public network to find client information in your database or clicking on a pop-up ad aren’t recommended, nor is leaving your computer unattended in the presence of your children when you're getting ready to send a confidential email, and so on. Establish a cybersecurity protocol First, outline the steps to be taken, and identify whom to contact in the event of a security breach (police, banks, clients, suppliers, etc.). Then, systematically backup documents on the Cloud and an external hard drive. Likewise, all folders containing personal information should be encrypted, and their encryption keys kept off servers. Get cyber insurance Such insurance could prevent financial losses and crisis management issues, while also putting you in touch with a variety of experts (IT security experts, legal advisors, public relations specialists, etc.). This insurance could cover legal or mediation fees, partially refund your business operating losses, finance a client credit monitoring service, and even contribute to hiring a public relations firm if you require media communication. How to Protect Against Data Breaches Source: Canva As soon as you have reason to believe or are aware that your company's and/or your clients' personal data has been compromised, and that the situation involves a risk of significant injury, you must report it to the Privacy Commissioner of Canada and to the Commission d'accès à l'information du Québec. You should also inform all those concerned, and immediately log the incident in a database for a period of 5 years. Subsequently, put into practice measures to minimize the extent of the leak and prevent such an event from happening again. For example, you could recover or require the complete destruction of stolen personal information, then fine-tune your security methods and correct any shortcomings identified at the time of the incident. How to Provide Government Services with a Written Notice Include the following information: Company name and NEG (Quebec Enterprise Number). Name and contact information of the individual to contact in regard to the breach. Description of personal information involved. Circumstances of the incident, if possible. Date or period during which the breach occurred and when your company took notice. The number of individuals involved in the breach. List the elements that led you to believe that there was a serious risk of injury. Measures put in place to inform affected persons. Measures taken or planned to minimize the risk of a breach occurring to mitigate the impact of a breach and prevent your company's data protection from being jeopardized by another breach. How to Provide Those Involved with a Written Notice Include the following information: Name and contact information of the individual to contact in regard to the breach. Description of personal information involved. Circumstances of the incident, if possible. Date or period during which the breach occurred and when your company took notice. Advise provided by your company suggesting ways in which the affected person can reduce the risk of injury. Measures taken or planned to minimize the risk of a breach occurring to mitigate the impact of a breach and prevent your company's data protection from being jeopardized by another breach. Last but not least, besides the embedded links we've provided, here are a few other articles about construction IT that may be of interest: Construction Contractor: Why You Should Optimize Your Profile How to Create a Good Website for Your Home Renovation Company Renovation Contractor: Choosing an Estimation Software 6 Apps to Help You Run Your Renovation Business Contractors: Acquiring News Clients Through Social Media How to Use Artificial and Augmented Reality in Construction Industry