The principle of regional hiring priority in Quebec’s construction industry is being tested before the courts this week as the Superior Court began hearing a challenge on Monday.

The Regulation Respecting the Hiring and Mobility of Employees in the Construction Industry gives hiring priority to workers in the same region that work is being done. Collective agreements also use the principle.

In August 2019, the Tribunal administratif du travail sided with the Association de la construction du Québec and struck down two articles of the regulation, saying the rules based on the residence of the worker violated their right to privacy.

The Quebec government appealed that decision to the court. On Monday, it argued that the regulations are justified by the labour crisis the construction industry is facing, as many workers change employers. The regulation was requested by the workers, who wanted to get work in their regions, lawyer Manuel Klein explained.

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