CNESST and subcontractors in Quebec: what the Act says before you hire
Under Quebec's workers' compensation Act, CNESST can demand an assessment that a contractor owes from the employer who hired that contractor, and the employer can then recover it from the contractor. That is why checking a subcontractor's CNESST standing before work starts matters.
Read from the official English text of the Act respecting industrial accidents and occupational diseases on Légis Québec (copy dated 3 November 2025), October 2026. CNESST's own pages could not be read for this guide, so it does not describe what forms or online services CNESST offers. Laws change, so confirm on Légis Québec and cnesst.gouv.qc.ca. This is not legal advice.
The short version
In Quebec, workplace injury insurance is run by CNESST, and employers pay it an assessment based on their payroll. If you hire a contractor who does not pay its assessment, section 316 of the Act lets CNESST demand that assessment from you, as the employer who retained the contractor. You can then recover it from the contractor. So checking a subcontractor's standing with CNESST before work starts reduces the chance of being billed for an assessment that is not yours.
What section 316 says
| Question | What the Act says |
|---|---|
| Who can CNESST ask to pay? | The Commission may demand payment of the assessment due by a contractor from the employer who retains the contractor's services. |
| How is the amount worked out? | The Commission may establish it according to the proportion of the price agreed for the work that corresponds to the cost of labour, rather than the wages in the contractor's own declaration. |
| Can you get the money back? | The employer who has paid the amount is entitled to be reimbursed by the contractor, and may retain the amount due out of the sums it owes the contractor. |
| Can you ask CNESST in advance? | If an employer proves that it is retaining the services of a contractor, the Commission may inform the employer whether an assessment is due by that contractor. |
| Are there exceptions? | The Act says section 316 does not apply to a domestic worker's employer (section 8.4). |
The Act defines an employer as a person who, under a contract of employment or of apprenticeship, uses the services of a worker for the purposes of the person's establishment. The Commission is the Commission des normes, de l'équité, de la santé et de la sécurité du travail, which is CNESST.
When a "subcontractor" may be treated as your worker
The Act defines an independent operator as a natural person who works for their own account, alone or in partnership, and employs no worker. Section 9 says an independent operator who, in the course of business, carries on activities for a person that are similar to or connected with those carried on in that person's establishment is considered a worker in that person's employ, unless:
- they carry on the activities simultaneously for several persons;
- they work under a service exchange agreement, paid or unpaid, with another independent operator carrying on similar activities;
- they work for several persons in turn, supply the required equipment, and the work for each person is of short duration; or
- the activities are only intermittently required by the person who retains their services.
Whether this applies to a particular person is a legal question. If you hire sole operators, ask a lawyer or CNESST rather than assume.
What the Act expects of an employer
An employer that begins operating must notify the Commission, and must declare the gross wages of its workers, in the manner and within the time set by regulation (sections 290 and 291). A subcontractor with employees is therefore expected to be known to CNESST and to declare its payroll. Those declarations are what its assessment is based on.
A practical checklist (our suggestion, not a CNESST rule)
- Ask before work starts. Decide what proof of CNESST standing you require from each subcontractor and ask for it with its expiry date, the same way for everyone.
- Use section 316 to ask CNESST. Once you can show you are retaining a contractor, the Act lets CNESST tell you whether an assessment is due. Contact CNESST to find out how it handles that request.
- Match the name. The business named on the document should be the business you are contracting with.
- Check again on a long job. A document that was fine at the start may lapse during the work.
- Put it in the contract. Ask a lawyer how to word your payment terms so that your right to retain amounts under section 316 is clear.
- Treat sole operators with care. Section 9 can make a person you call a subcontractor your worker for the Act's purposes.
- Keep a record. Note who checked what, when, and what the dates were.
What this guide does not cover
Quebec has other rules that affect hiring a contractor, such as licensing of contractors by the Régie du bâtiment du Québec (RBQ), construction industry labour rules and the rules for public contracts. They are outside this guide, so check them separately. Compare Ontario's approach in the WSIB clearance certificate guide: the two provinces do not work the same way.
How ScopeMark helps
- CNESST is the default document for Quebec work. Each service a company hires for asks for insurance, with CNESST for Quebec work by default, and the company can change the list per service and per province.
- The subcontractor uploads the document with its expiry date. An expired document cannot be submitted.
- ScopeMark checks the paper, not CNESST's records. It checks that the uploaded document is authentic and current. It does not ask CNESST whether an assessment is due and cannot tell you the contractor is in good standing, so use section 316 and CNESST itself for that.
- You decide whether it is acceptable. Your company records its own approval for each document, with a note, separate from ScopeMark's check.
- Expiry notices and renewals. ScopeMark tracks expiry dates and sends expiry notices. When a subcontractor uploads a replacement, companies' earlier approvals of the old file are cleared, so you approve the new one.
See how to track subcontractor insurance, WSIB and CNESST documents for the wider picture, and the subcontractor onboarding checklist for where this fits before the first job.
Questions people ask
What does section 316 mean for a company that hires a subcontractor in Quebec?
It says CNESST may demand payment of the assessment due by a contractor from the employer who retains the contractor's services. The employer who has paid is entitled to be reimbursed by the contractor and may retain the amount out of sums it owes the contractor.
Is there a Quebec version of the WSIB clearance certificate?
The sections of the Act read for this guide do not create a clearance certificate like Ontario's. They give CNESST a way to demand payment from the hiring employer and allow it to tell an employer whether an assessment is due by a contractor. CNESST may offer its own forms or online services, so check with CNESST.
Can I ask CNESST whether my subcontractor owes anything?
The Act says that if an employer proves it is retaining the services of a contractor, the Commission may inform the employer whether an assessment is due by that contractor. Contact CNESST to find out how it handles that request.
Is a sole proprietor with no employees treated as a subcontractor?
Not always. Section 9 says an independent operator who carries on activities similar to or connected with those of the person who hires them is considered that person's worker, unless one of the listed exceptions applies. Whether it applies to a particular person is a legal question, so ask a lawyer or CNESST.
Does ScopeMark check a subcontractor with CNESST?
No. ScopeMark checks that an uploaded document is authentic and current. It does not look the contractor up with CNESST or tell you whether an assessment is due. Your company records its own decision about each document.
Does ScopeMark hold or move our money?
No. ScopeMark does not process payments between companies and subcontractors. The buyer pays directly, outside ScopeMark, and records the payment. ScopeMark's only revenue is its subscription.