Improve the proposal, together.

This regulation is made by the board of directors under paragraph p of the first paragraph of section 94 of the Professional Code and section 34 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act, subject to section 187.11 of the Code and section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act. Provisions under paragraph p are communicated to members under section 95.3 and approved by the Office under section 95.2; those based exclusively on the Act’s specific enabling power follow section 95.

This Regulation governs the conditions under which a member of the Order may carry on professional activities within an eligible professional partnership, corporation or firm, including a multidisciplinary practice, subject to the Professional Code and other applicable law.

Organizations formed principally for professional practice comply with this regulation and section 187.11 of the Professional Code. Existing organizations admitted to the permanent transitional regime under section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act remain subject to public-protection obligations in this regulation but are exempt from the ownership and control requirements expressly displaced by that section.

Every covered firm or organization shall continuously meet the applicable practice conditions. Subject to immediate danger, emergency measures and special statutory deadlines, the member and organization have fifteen days after written, reasoned notice of non-compliance from the Order to take corrective measures; failing that, practice within the organization ceases to the extent provided by law. This period does not validate a reserved act carried out without personal authorization.

A member may also practise independently or as an employee of a business, municipality or other body. Merely employing a member does not subject an ordinary employer to every rule applicable to entities formed for professional practice.

Employing a PSI does not empower an enterprise to sign or approve that PSI's reserved professional acts. An organization offering reserved services in its own name meets the organization's registration obligations where required by the Act; merely employing a member for internal work does not automatically transform an ordinary employer into a professional practice firm.

The registration scheme for an organization offering reserved services to the public is distinct from its employees' individual enrolment on the Order's roll. Ordinary-employer status cannot be used to evade the rules applicable to an organization actually presenting itself as a provider of those services, and the mere provision of non-reserved services does not trigger organizational professional authorization.

Practice within a joint-stock professional corporation or limited liability partnership, or with persons regulated by another order, is permitted only in forms and under conditions authorized by law. This Regulation does not itself confer a new legal authorization or reserved activity.

Subject to the applicable version of section 187.11 of the Professional Code, the regime may encompass professional practice in organizations primarily constituted for that purpose regardless of legal form, when statutory and regulatory conditions, insurance and each profession’s requirements are met. References to traditional forms do not exclude other lawfully eligible structures.

Subject to the permanent transitional right under section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act, a member may practise within a newly formed organization principally established for professional practice where the following conditions are met at all times:

(1) More than 50% of the voting rights attached to shares or partnership interests in the organization are held:

(a) directly by members in good standing of the Order, persons governed by the Professional Code (chapter C-26), or persons covered by the reference to Schedule A set out in section 18 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES) of this Regulation;

(b) by legal persons, trusts or other undertakings whose voting rights or voting partnership interests are wholly held, directly or through a chain of entities each wholly controlled at every level, by one or more persons described in subparagraph (a);

(c) jointly by persons described in subparagraphs (a) and (b);

(2) A majority of the directors or, depending on the organization's structure, partners or directors appointed by partners are natural persons described in subparagraph (a) of paragraph (1);

(3) A majority of the board of directors or internal management board consists of persons described in subparagraph (a) of paragraph (1), and such persons also constitute a majority of the quorum of that body at all times;

(4) The requirements in paragraphs (1) to (3) are set out in the articles of incorporation or, where applicable, the partnership agreement and remain enforceable against the persons concerned. Nominee arrangements, agreements and private provisions may not be used to circumvent them.

This majority-control rule does not apply to an organization holding a permanent transitional entitlement registered under section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act. Such an organization may retain non-professional owners and transfer its single entitlement with the undertaking, but may not override the PSI delegate's independence or other professional requirements under this regulation.

Contractual sharing of fees arising from an act reserved to PSI members is prohibited with anyone other than an active PSI member or a retired PSI member when the law expressly permits economic participation. Separate payment to a member of another order for that professional's own legally authorized work is not such fee-sharing. Economic distributions from ownership of an organization holding a transitional entitlement remain permitted under applicable corporate law but convey no authority over professional decisions.

These obligations apply to members and, insofar as the law permits and the entity undertakes them, eligible professional organizations; they are neither a general contractor licensing scheme nor a disciplinary power of the Order over all employees or members of another professional order.

Organization registration is based on a verifiable declaration of its structure and, under the ordinary regime, beneficial ownership, voting rights, governance composition and quorum. A shareholder or officer who is legally barred from being an eligible professional may not rely on that status while disqualified. Facts potentially affecting the integrity of professional practice must be declared and assessed under applicable statutory powers and procedural safeguards; this regulation does not create an automatic criminal disqualification without authority.

A transitional organization likewise discloses its identity, effective control, undertakings and delegate but need not change its shareholding or board to satisfy the ordinary fifty-per-cent ownership test. The Order has no general disciplinary jurisdiction over non-members; it verifies the organizational authorization conditions expressly established by statute.

For ordinary professional-practice organizations, a person qualified for governance by virtue of professional status who is suspended for more than three months or whose licence is revoked may not, while that restriction is effective, hold voting rights directly or indirectly in that capacity or act as a director, officer or representative as a qualifying professional, to the extent authorized by applicable legislation. The organization must restore compliance with the control requirements. This does not remove the statutory ownership exemption for permanent grandfathered holders, but an unqualified member may never act as PSI delegate or perform a reserved act.

At registration and upon any material change, the organization shall state, to its knowledge after reasonable checks, whether a partner, director, officer or person exercising control has been the subject of a final Canadian court decision, or a comparable foreign decision, for an offence materially connected to integrity in professional practice. Only convictions lawfully disclosable and relevant may be considered; pardons and record suspensions shall be respected. The Order shall not infer guilt or unfitness merely from a charge.

An adverse decision based on that information shall be reasoned, consider the nature of the conduct, elapsed time, rehabilitation and actual risk to the public, and give the organization an opportunity to make submissions and seek review or exercise the statutory remedy. This regulation creates no penalty, general police screening or automatic disqualification not expressly authorized by an Act.

Where a person is counted toward the majority required under section 3 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES) because the person belongs to a category described in Schedule A to the Barreau's regulation, the status or registration required by that Schedule must remain valid. Any loss of that status must be reported and compliance with the control requirements restored in accordance with this Regulation; it does not retroactively invalidate lawfully performed professional acts. The permanent acquired-right regime remains separate.

Each member remains personally responsible for professional acts, reports, conclusions, attestations and approvals that they perform, sign or endorse. Corporate insurance, quality control or administrative delegation does not replace this professional accountability.

A member shall refuse any instruction to sign work the member has not reviewed or approved or to conceal a finding the member is professionally required to report. Employment or ownership does not diminish the member's duties of care and competence or the member's right to notify the Order or the legally competent authority.

The organization’s management may assign mandates, supervise work, require checks and have a legally authorized person review a file. It cannot compel a member to sign, alter or endorse a conclusion the member does not hold, or conceal a relevant non-compliance.

The organization shall expressly undertake not to act, directly or indirectly, so as to prevent a fire-safety professional from complying with the Professional Code, the Order's constituent Act, its code of ethics or any applicable regulation, or to induce a breach. It shall provide the professional responsible for a file with the information and resources required for independent judgment and an internal channel for reporting improper pressure without retaliation.

A professional review carried out by a legally authorized person is attributable to that reviewer; it does not eliminate the separate responsibilities of other professionals for the acts they themselves signed or approved.

Any cross-review or interprofessional review shall identify the name, authorization number, scope and date of each signatory's or reviewer's involvement. No person may rely on a collective review to perform an act reserved to another profession.

The organization designates a liaison responsible for administrative communications with the Order. The liaison cannot replace any member’s professional judgment or the disciplinary supervision vested in the legally competent bodies.

A covered professional organization designates one or two PSI respondents practising in Québec within it, or one PSI respondent and one PSI alternate. Each accepts the role in writing. The organization provides them with the documents and authority needed to answer lawful requests from the syndic, inspectors and other Order representatives, receive notices, and file official declarations.

For an organization holding the permanent transitional entitlement, one respondent must be the employee PSI formally designated as professional delegate. This delegation goes beyond administrative contact: it grants decisive and independent authority over PSI technical choices, professional ethics, certifications, signatures, and justified acceptance or refusal of professional acts. Contrary directions from commercial management cannot override that professional judgment.

The appointment of the respondent and, where applicable, the alternate takes effect upon the filing of their written acceptance with the Order. The mandate expressly includes receipt of communications to the organization, including requests from the syndic and inspectors and non-compliance notices; filing initial, annual and amended declarations; supplying lawfully required supporting documents; and following up on corrective measures. Appointing an alternate does not release the respondent or the organization from their obligations.

Death, incapacity, suspension or cessation of practice of a respondent requires prompt designation of an eligible replacement and updating of contact details. Where the respondent is also the professional delegate of a transitional organization, the special conditions and maximum three-month period under section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act apply, without authorizing reserved acts during a vacancy not covered by a personally authorized professional.

An eligible professional firm identifies the members practising within it, maintains current contact information for its liaison and reports the declarations and material changes required by law and regulation to the Order. Formalities reflect the size and nature of its practice.

Before a member begins professional practice within an organization covered by this regulation, the organization files its duly signed undertaking and the details required for registration. The member personally declares starting and stopping practice there within fifteen days of the event. Organizational declarations do not relieve members of their personal duties.

Before April 1 each year, the respondent files a declaration of changes since the last undertaking or declaration. A material breach of a practice or control condition is reported within fifteen days after discovery unless fully remedied in the meantime and no independent duty to report remains. The Order may issue a non-compliance notice and allow fifteen days to remedy it unless an emergency or statutory special deadline applies; failing correction, practice within the organization is suspended to the extent authorized by law.

For the permanent transitional regime, the complete original filing, with the documents required under section 74 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act, must be received within six months after commencement of the provisions constituting the Order. Transfer of the single right requires prior registration of continuity of the undertaking and the transferee; no filing creates a second transitional entitlement.

The Order must receive the undertaking identifying the fire-safety professional before that person begins practice within the covered organization. The individual notice of commencement or cessation shall be filed within fifteen days and state the permit number, effective date and organization's identity. The declarant shall receive proof of filing, which shall not constitute approval of professional judgment.

The respondent shall file the annual declaration before April 1 even where there have been no changes, confirming either that fact or all changes since the last undertaking or declaration and attaching updated supporting documents. The Order may prescribe a standard form without thereby creating a fee or licensing condition not provided by law.

The organization's undertaking is a mandatory regulatory document signed by an individual lawfully empowered to bind it. It identifies the organization, its legal form, business number or other applicable identifier, places of business, registered office, trading names and effective date; receipt by the Order precedes professional practice in the cases covered by section 11 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES).

(1) The organization identifies every fire-safety professional and other practitioner working within it: name, professional order or body, permit number, type of activities and start and, where applicable, end dates; this information is updated under section 24 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES).

(2) The organization confirms that it has entered into arrangements with each of its fire-safety professionals enabling compliance with applicable law, notably professional secrecy, confidentiality and preservation of files; independence of judgment; conflicts screening; reserved activities and identification of signatories; insurance; professional inspection; advertising; billing and, where relevant, funds held on behalf of others; and lawful access by the syndic to undertakings and agreements needed for an inquiry.

(3) The organization undertakes never to prevent compliance with professional duties or impose a technical conclusion, approval, signature or classification contrary to a professional's independent judgment. It shall communicate the relevant code of ethics and professional obligations to its directors, officers, influential shareholders, relevant staff and contractors, ensure compliance with the rules applying to them, and obtain non-interference commitments from those controlling the undertaking.

(4) The organization authorizes its respondent to receive notices, answer requests from the Order, report changes and ensure filing of the annual declaration. It names one or two fire-safety professional respondents, or one such respondent and an alternate, with their numbers and written acceptance; under the acquired-right scheme it includes the written employee delegation, actual professional powers and, where relevant, acceptance by an interim delegate.

(5) The organization provides its names, registration, legal form and any continuation date; registered office and establishment addresses; the identity, position, professional order and, where relevant, permit number of directors, officers, partners, trustees or shareholders; and the voting structure and ownership or control chain needed to assess eligibility. Residential contact information and personal data not lawfully required shall not be made public.

(6) The organization provides evidence of formation or lawful existence, relevant enterprise-register declarations, articles of incorporation or partnership agreements, and instruments establishing control, board composition and quorum. For the ordinary regime, it attaches a dated certification that voting rights, management and quorum satisfy section 3 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES), including, where relevant, the eligible status of persons recognized under Schedule A to the Barreau's regulation and the wholly owned intermediate entities; for the transitional regime it instead attaches evidence of prior operations and the uniqueness of the acquired right.

The following particulars supplement those in section 12 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES):

(7) The organization confirms that it maintains the professional-liability protection required for it and that each member maintains individual coverage; it provides proof of insurance, limits, coverage term and claims contact. It undertakes promptly to report cancellation, suspension or reduction affecting a legal condition of practice.

(8) The organization undertakes to make available to a duly empowered syndic or inspector, within legal authority and confidentiality limits and within fifteen days after a justified request where that period applies, the undertakings, shareholders' agreements, share, partner and director registers, practice agreements, relevant subcontracting contracts and records necessary for an inquiry or professional inspection. It shall take steps to ensure that controlling persons comply with that undertaking.

(9) The organization acknowledges that breach of its undertaking may lead to corrective measures, suspension or withdrawal expressly authorized by law, subject to hearing rights and remedies. The undertaking ends with the place, date, signature and title of the authorized representative, acceptance signatures of respondents and, where applicable, the professional delegate, and a list of attachments.

The Order retains the undertaking and attachments in an administrative file accessible only to legally authorized persons. Public verification of the organization's authorization uses publishable directory information without disclosing contracts, confidential client information or detailed ownership evidence.

This undertaking is signed to facilitate the Order's public-protection mission without creating disciplinary authority over non-members or members of another professional order.

Belonging to the same organization does not authorize general access to another professional’s files. All sharing respects each person’s lawful authority, actual need, client rights, personal information, professional secrecy and protections for privileged documents.

Within a multidisciplinary organization, the undertaking shall specify which practitioners and staff may access each category of information and under what conditions. A fire-safety professional may refuse to disclose protected information absent consent or a legal basis, even to a manager or another professional in the organization.

The firm establishes a means to identify authors, reviewers and signatories in shared files. Supervision, collaboration or pooled archives do not permit attributing a report to a member who did not approve it.

A file shall also identify the role, authority, date and scope of each professional intervention and the final decision of the legally authorized practitioner. Administrative quality control shall not be represented as a professional approval by the delegate or the organization.

Members maintain the professional liability coverage required by the Order. Where the law and applicable regime require additional entity coverage for faults committed by members, the organization maintains that coverage without reducing individual protection. Limits and terms will be determined in accordance with the applicable legal and insurance framework.

The organization and its individual members carry insurance for their respective liabilities, without fictitious double coverage or reduction of legally required minimum protection. The organization's policy provides for the defence, expenses and legally insurable damages to the extent required by its governing regime. Amounts, exclusions, per-claim and period limits, and insurance conditions are those of the Order's insurance regulations and the Professional Code; this regulation does not invent any as-yet-unsettled monetary minimum.

Proof of coverage accompanies the undertaking and is renewed when policies or material terms change. An insurance committee, if established by applicable law, retains only the functions and oversight conferred by that law.

Coverage for the liability of a corporation or limited liability partnership meets at least section 187.11 of the Professional Code and any lawfully prescribed higher requirements. Under the applicable policy, it provides for compensation for legally insurable loss owed by the organization to a third party for a member's professional fault, coordinated with the member's individual cover, without imposing unnecessary procedures on clients to establish which cover applies.

The coverage provides for defence of the organization against a covered claim and investigation, defence and court costs and interest insofar as legally insurable and provided by the policy. It specifies coverage per claim, the aggregate limit over a period not exceeding twelve months, deductible, permissible exclusions and terms applicable after practice ceases. This regulation does not impose hypothetical limits imported from lawyers' insurance.

The firm cooperates, within statutory powers and applicable confidentiality, with professional inspections and investigations concerning its members. The Order exercises its powers over members within its jurisdiction; administrative cooperation does not extend its disciplinary jurisdiction to other professions.

The organization's undertaking confirms lawful access by the syndic and inspectors to information necessary to verify PSI independence, practice conditions, ownership or professional delegation and file continuity. Inspection notices, document requests and non-compliance notices may be sent to the designated respondent without depriving an affected member of procedural rights.

Where inspection or investigation is authorized by law, the organization shall be able to produce evidence of its existence, share and director registers, partnership and shareholders' agreements, evidence of control and quorum, arrangements governing fire-safety professional practice, insurance documents and filed declarations. The syndic or inspector shall state reasons for requests concerning documents unrelated to those professionals' practice.

Management may not invoke internal agreements to defeat a lawful request. The respondent facilitates preservation and production of records; where another person's confidentiality or personal information is at issue, disclosure follows lawful channels without public release of the records.

A member may work with engineers, professional technologists, advocates or other legally authorized persons where each profession’s own rules permit that collaboration. Every person performs only activities within their legal authority and remains subject to their own supervisory and disciplinary authorities.

Solely for determining which persons may hold voting rights, become partners or serve on governing bodies in accordance with section 3 (REGULATION RESPECTING PRACTICE AS A FIRE SAFETY PRACTITIONER WITHIN FIRMS AND MULTIDISCIPLINARY PRACTICES), this Regulation incorporates by reference the categories of persons listed in Schedule A to the Regulation respecting the practice of the profession of advocate within a partnership or a joint-stock company and in multidisciplinarity (chapter B-1, r. 9), as amended from time to time. This reference does not incorporate the other conditions of the Barreau's regulation or make its rules on fees, insurance or the practice of law applicable.

Members in good standing of a professional order governed by the Professional Code remain eligible independently of the reference. Persons covered by Schedule A are eligible for ownership and control only to the extent provided in this Regulation; they do not thereby acquire the PSI title or the right to carry out, sign or approve a reserved act. The Order may replace the reference with its own list, or remove it, by a regulatory amendment adopted and approved in accordance with the Professional Code.

For information purposes, the Order publishes the official reference to the applicable Schedule, the date it was consulted and, when known, recent amendments affecting eligibility. Such publication neither freezes the list nor amends the law in force. Legally eligible categories may be included in an administrative register without that register having independent normative effect. Professional technical decisions reserved to PSIs remain exclusively with legally authorized persons.

A multidisciplinary organization establishes rules for access to shared records, confidentiality, conflicts, independent decisions and submissions to the registry. Documentary filing does not amount to a general waiver of secrecy, privilege or statutory access restrictions.

A multidisciplinary organization's undertaking shall establish a documented procedure for detecting and addressing conflicts between mandates, separating files subject to distinct privileges, checking signing authority and designating responsibility for continuity of files. An agreement among practitioners cannot transfer disciplinary jurisdiction from one order to another.

Before dissolution, closure or restructuring threatens access to records, the organization activates its continuity plan under the regulation on records and transfer, designates an eligible custodian and ensures lawful availability of information that members must be able to produce.

Transfer of the business of an organization holding the permanent transitional entitlement includes a file-continuity plan, the transferee's undertaking and the single transfer of the entitlement under section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS) of the Act. Dividing files, contracts or establishments may not create multiple transitional rights. Each profession's files remain subject to its own custody requirements.

Share sales, business transfers, mergers, dissolutions, conversions and changes of control shall be documented without interruption in record custody or insurance obligations. A transferee of a transitional right obtains no second right merely through multiple establishments, subsidiaries or contracts; a transferor shall remove from advertising any claim to a right it has transferred.

Declarations, undertakings and inspections are proportionate, without treating ordinary employers as professional firms or unnecessarily duplicating records or formalities already fulfilled under the Order’s regulations.

For the permanent transitional regime, the Order maintains one historical identifier for each grandfathered entitlement; a documented chain of transfers establishes exactly one active holder at any time. The Order verifies genuine continuity of the undertaking, non-duplication, continued employment of a PSI and the delegate's signed undertaking. Mere age of an organization never admitted within six months creates no entitlement, and ordinary registration does not make that organization's authorization transferable as a grandfathered right.

If the transitional delegate dies or becomes incapable, a written replacement and notice to the Order must occur within three months of the event. Immediately designating a qualified employee PSI in writing as interim delegate permits only acts that PSI may personally perform and does not extend the deadline. Failure to replace the delegate ends the transitional entitlement under section 73 (ACT RESPECTING FIRE SAFETY PRACTITIONERS). A voluntary vacancy does not start a fresh automatic three-month period.

To verify the acquired right, the organization shall give the Order the date and evidence of its actual offering of the services covered by the Act before the provisions establishing the Order came into force, the right's permanent unique identifier, every successive transferor and transferee, transfer dates, its employee professional delegate and the delegate's written authority. The Order verifies that a right is recorded only once for one active holder and does not arise from a division or ordinary registration of an undertaking never admitted to the transitional scheme.

The jurisdiction of each professional order and competent authority remains separate. No provision gives the Order of Fire Safety Practitioners cross-disciplinary powers, authority to approve reserved acts of another profession or automatic custody of another profession’s records.

A respondent, member or organization reporting a concern involving a member of another profession does not replace that profession's syndic or inspection authority. Any transmission to the appropriate body follows applicable statutory powers and confidentiality rules.

Where a professional organization primarily established for practice employs members, coverage for its own professional liability is maintained under section 187.11 of the Code and other lawful conditions. Organizational coverage does not displace individual coverage or personal professional responsibility.

Organizational liability coverage is also maintained by holders of the permanent transitional entitlement. The ownership exemption creates no insurance exemption and does not limit individual PSI responsibility.

Any organizational liability guarantees shall be provided and maintained by the persons upon whom the law imposes that obligation, together with records showing that coverage is in force during practice. Where an insurance decision-making committee has lawfully been established, it shall act under its governing provisions; this regulation establishes neither a new committee nor an insurance fund.

The member notifies the Order of organizational changes, claims and file transfers as legally required. No multidisciplinary firm authorizes a reserved act belonging to another profession without the required licence.

Changes to an organization's name, business number, control, legal form, applicable voting rights, directors, respondents, delegates, practising members, insurance or authorization are reported to the Order within applicable legal deadlines. A transitional right holder declares any transfer changing its holder before that transfer takes effect; the public organization directory is updated without disclosing confidential agreements or personal information.

An organization no longer meeting general conditions complies with the Order's lawful notice and procedures. Ordinary cure periods do not extend the six-month original admission deadline or the three-month replacement deadline after the delegate's death or incapacity, and never authorize a reserved act without a qualified professional.

The respondent shall notify the Order within fifteen days of discovering a failure to meet ownership, control, majority, quorum, insurance or practice conditions, unless the failure was fully corrected in the meantime and no other law requires notice; matters requiring immediate notification remain subject to their own deadlines. Every material change to the undertaking shall be preserved with its date and supporting documents.

Where ordinary corrective periods apply, the Order shall notify the member and organization in writing, identify the facts and governing requirements, and allow fifteen days for correction. Any administrative restriction, suspension or removal of organizational authorization shall follow the lawfully authorized procedure, with a reasoned decision and applicable remedy; it shall never amount to discipline of a non-member created by this regulation alone.

No fifteen-day period postpones initial registration within six months or replacement of a deceased or incapacitated delegate within three months, permits duplication of an acquired right or validates reserved acts performed by an unauthorized person. Restrictions concern only professional practice within the Order's remit and do not prohibit otherwise lawful non-reserved works or services.