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. A contractor performs construction work on someone else’s property (or has construction work carried out on their behalf) in order 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 public use
- installations independent of a building
- petroleum equipment installations or civil engineering structures at the construction site and near a building, including premiliminary 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
- 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 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 du bâtiment du Québec.
In some situations an owner-builder licence is not required. 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 subclasses of licences 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 struure for the personal use of a natural person or their 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)
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 changes to your file, such as the following, within 30 days:
- a merger with another business
- a name change that does not affect 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.
Offences
It is an offence to perform 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 have their licence suspended or cancelled. They could also receive a fine.
Officer
A person 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
- a shareholder holding 10% or more of the voting shares
Guarantor
A natural person who:
- is self-employed or an officer of a partnership or legal person, and who has demonstrated their competency in one or more areas of business management and the performance of construction work, or who has been exempted from demonstrating their competency
- guarantees the proper management of the business, their own role, their integrity and their competency in one or more areas to the Régie du bâtiment du Québec.
