Despite that Syndicates of co-ownership vary in size, the majority will have no employees and will deal instead with entrepreneurs to execute the work required for the maintenance and the preservation of the building: interior maintenance, landscaping, snow removal, etc.
The legal form of the business with which the Syndicate does business can be a company, or a sole or collective proprietorship, but regardless of its form, it will be defined as a company. Every business must register with the Registre des enterprises du Québec, which an invaluable source of information for the Syndicate: a simple search will enable you to know if the company is registered, its legal form and who its principal directors are.
To be able to be qualified as an entrepreneur, a supplier of services must carry out the work using workers employed by him. If not, an individual doing business for himself whether or not they use a trade name, and who carries out work for others without the help of workers employed by him on a work site, is an independent contractor, and not an entrepreneur.
This distinction is important because the worker employed by an entrepreneur is under their direction and responsibility of the latter, and not that of the Syndicate. There is no relationship of subordination that exists between the worker and the Syndicate regarding how the work is carried out.
In such circumstances, the Syndicate is the customer of a supplier of services, and not the employer of a worker to whom it is bound by a contract of employment, or of an independent contractor to whom it is bound by a contract for services.
Like any other entrepreneur, the one retained by the Syndicate must be registered with the CSST and pay contributions according to the type of work carried out within the framework of its activities. The Syndicate which uses the services of a entrepreneur who fails to contribute to the CSST for the duration of the contract with the Syndicate could be required to pay these sums if the entrepreneur doesn't. Therefore, it is important to verify that the contractor is registered at the CSST before signing the contract. Moreover, before paying the entrepreneur's final bill it would be prudent to verify with the CSST and to obtain a certificate of conformity that the entrepreneurs file is in order and that he has paid all the required contributions.
When the Syndicate signs a contract with an entrepreneur, the Syndicate of co-ownership's building will take on the status of a work site where work is carried out. The expression ‘work site’ is interpreted broadly in order to include maintenance, restoration, repair or modification work. If the entrepreneur is in charge of all aspects of work and it is executed by his employees, using his equipment and his materials or those of the subcontractors, he will be described as a general contractor within the meaning of the law, and it is his responsibility to ensure the health, safety and the physical integrity of his workers.
Lastly, before signing any contract with a contractor, the Syndicate should ask for written proof that he holds civil liability insurance adapted to the type of work performed by contractor. Faced with the contractor's inability or refusal to provide an adequate proof of this the Syndicate should abstain from signing a contract with them. The signing of the contract by the members of the Board of directors despite the clear absence of insurance or inadequate coverage will make the members of the Board of Directors personally liable.