Owner-builder Licence

If you carry out construction work on your own property, or have such work carried out for you, you must hold an owner-builder licence. In contrast, a contractor performs construction work on someone else’s property (or hires subcontractors to do so), to earn a profit.

There are 2 categories of owner-builder licence:

general owner-builder licence
specialized owner-builder licence

General Owner-builder Licence

A general owner-builder licence is required for any owner-builder whose main activity consists of organizing, coordinating, carrying out or having others carry out, in whole or in part, construction work in one of the following subcategories:

small buildings
all buildings
roads and mains
civil engineering structures
underwater civil engineering
telecommunications, transmission, transformation and distribution of electrical power
petroleum equipment installation
building mechanicals
mechanical lifts

Specialized Owner-builder Licence
A specialized owner-builder licence is required for any owner-builder whose main activity consists of carrying out or having others carry out construction work in one of the following subcategories, among others:

piles and special foundations
concrete structures
masonry structures
metallic structures and pre-fabricated concrete elements
wood structures
passenger and freight elevators
lifts for persons with physical disabilities
ventilation
refrigeration

For a complete list of licence subclasses, see the publication List of Licence Subclasses.

Construction Work
Construction work includes work concerning the foundation, erection, renovation, repair, maintenance, modification or demolition of:

buildings
facilities intended for use by the public
installations independent of a building
petroleum equipment installations or civil engineering structures at the construction site and near a building,
including preliminary ground preparation work

Work For Which No Licence is Required
Certain types of construction work do not require a licence, including the following:

tree cutting
landscaping
consultation by a professional for construction work
de-icing and snow removal from roofs, bridges, pylons, roads or sidewalks
inspections (all types)
installation of solar panels for manufacturing processes or for swimming pools not intended for public use, except for anchors or supports
delivery of construction supplies
personnel leasing (employment agency)
installation of self-adhesive film
concrete pumping

For a complete list of the types of work for which no licence is required, see the website of the Régie, in the section Work not requiring a licence.

In some situations an owner-builder may not have to obtain an owner-builder licence. A licence exemption may be granted in cases such as the following:

The work is performed by a general or specialized contractor who holds all the licence subclasses required for all of the work.
The work consists of repairs, maintenance or renovations costing less than $20,000, except for construction work on an electrical installation, a gas distribution installation or a petroleum equipment installation.
The work is on a project for the personal use of a natural person or his or her family.
The work consists of maintenance or repairs performed by employees of the company.
The work is performed on power lines by employees of the company.
The work is performed by an owner-builder who has a contractor’s licence.

Evaluation of Professional Competency
Before issuing a licence, the Régie evaluates the professional competency of the guarantor (see definitions). There are 3 ways for a guarantor to be evaluated:

by writing qualification examinations
by taking training programs recognized by the Régie
by submitting their professional file to the Régie, to determine whether their training and professional experience are sufficient to obtain equivalencies

To obtain an owner-builder licence, you must qualify in the following areas:

construction site safety management
project and site management (in the case of general subclasses)
carrying out of construction work (you must also qualify for each subclass required)

Priority Processing of a Licence Application
You can have your licence application given priority processing by paying an additional fee.

Obligations of Licence Holders
Once you have obtained a licence, you must respect the following obligations:

Pay your licence maintenance dues each year.
Comply with the laws and codes in force.
Notify the Régie of any change to your file within 30 days, such as for:

a merger with another business
a name change that does not change the legal status of your business
the removal of a guarantor
the addition or removal of an officer (see definitions) or shareholder
the addition or removal of a lender
the addition or removal of a site over which you hold rights
a change of address

Apply for a modification of your licence for:

the addition of classes or subclasses
the addition or replacement of guarantors
the addition of a field of qualification for a guarantor

Transferring Your Licence
You cannot transfer your licence to a family member or any other person. Instead, you must apply for a modification of your licence.

Infractions
It is an offence to perform construction work without a licence or the right licence subclasses, or to hire subcontractors who are in either situation. Anyone who does so is liable to a fine or legal action.

A licence holder who fails to inform the Régie of a change to their file could see their licence suspended or cancelled. They could also receive a fine.

Officer
A member of a partnership or, in the case of a legal person, a director, shareholder holding 10% or more of the voting shares, or full-time manager, or a journeyman electrician who has practised the trade of electrician for at least 2 years, is employed full-time by the owner-builder and is in charge of work on an electrical installation on behalf of the owner.

Guarantor
A natural person who is self-employed, or an officer of a partnership or legal person, who: