If you carry out construction work on your own property, or have construction work carried out for you, you must hold an owner-builder licence. In contrast, a building contractor either performs construction work for someone else or has construction work carried out on its behalf in order to earn a profit.
There are 2 classes of owner-builder licences:
- General owner-builder licence
- Specialized owner-builder licence
General Owner-Builder Licence
A general owner-builder licence is required by 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 subclasses:
- Small buildings
- All types of buildings
- Roads and pipework
- Civil engineering structures
- Underwater civil engineering structures
- Telecommunications, transportation, transformation and distribution of electrical power
- Petroleum equipment installation
- Building mechanics
- Mechanical lifts
Specialized Owner-Builder Licence
A specialized owner-builder licence is required by any owner-builder whose main activity consists of carrying out or having others carry out construction work in one of the following subclasses, among others:
- Piles and special foundations
- Concrete structures
- Masonry structures
- Metallic structures and pre-fabricated concrete elements
- Wood framing
- Passenger and freight elevators
- Lifts for individuals with physical disabilities
- Ventilation
- Refrigeration
For a complete list of licence subclasses, see the Régie publication entitled List of Licence Subclasses.
Construction Work
Construction work includes foundation work, erection work, renovations, repairs, maintenance, modifications or the demolition of:
- buildings
- facilities intended for public use
- installations independent of a building
- petroleum equipment installations or civil engineering structures built directly on the construction site and near a building, including preliminary ground preparation work
Certain types of construction work do not require a licence, including:
- tree cutting
- landscaping
- professional consultation for construction work
- de-icing and snow removal from roofs, bridges, electrical transmission towers, roads or sidewalks
- inspections (all types)
- installation of solar panels for manufacturing processes or for private swimming pools (except for anchors or supports)
- delivery of construction materials
- personnel leasing (employment agency)
- installation of self-adhesive film
- concrete pumping
For a complete list of the types of work that do not require a licence, see the website of the Régie du bâtiment du Québec.
In addition, an owner-builder may obtain a licence exemption, in particular for the following work:
- Work performed by a general or specialized contractor who holds all the required licence subclasses
- Repairs, maintenance or renovation work under $20,000, except for construction work on an electrical installation, a gas distribution installation or a petroleum equipment installation
- Work on a structure for the private use of a natural person or their family
- Maintenance or repairs performed by company employees
- Work performed on power lines by company employees
- Work performed by an owner-builder who has a contractor’s licence
Evaluation of Professional Competency
Before issuing a licence to a guarantor (see Definitions), the Régie will evaluate their professional competency. There are 3 ways that a guarantor can demonstrate their competency, depending on the situation:
- By writing a qualifications examination
- By completing a training program 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
If an analysis of the application makes it possible to conclude that a guarantor is sufficiently qualified, the Régie may exempt him or her from writing a qualifications examination.
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)
- Execution of construction work (you must also qualify for each required subclass)
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 all applicable laws and codes
- Notify the Régie within 30 days of any changes to your file, such as:
- a merger with another business
- a name change that does not affect the legal status of your business
- the removal of a guarantor (example: departure, death)
- 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
Departure or Death of a Guarantor
In the event of the departure or death of a guarantor, the company must notify the Régie within
30 days. It must also apply for a modification of the licence in order to list a new guarantor, failing which the licence will be cancelled within 90 days (if the guarantor departed) or 120 days (if the guarantor passed away).
Transferring Your Licence
You cannot transfer your licence to a family member or any other individual. You must apply for a modification of your licence.
Offences
It is an offence to perform work without a licence or the proper licence subclasses, or to hire subcontractors who are in either situation. Anyone who does so is subject to a fine or legal action.
A licence holder who fails to inform the Régie of a change to their file could have their licence suspended or cancelled. They could also receive a fine.
Officer
An individual who is:
- a member of a partnership
- a full-time manager, or
- in the case of a legal person (such as a corporation):
- a director
- an officer, or
- a shareholder with 10% or more of the voting shares
Guarantor
A natural person who:
- is self-employed or an officer of a partnership or a legal person
- has demonstrated their competency in one or more areas of business management and in the execution of construction work, or who has been exempted from doing so
- acts as guarantor to the Régie du bâtiment du Québec (Régie) of the proper management of the business, and of its commitment, integrity and competency in one or more areas
