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 20% 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:
- has demonstrated his or her competency in:
- one or more areas of business management, or
- the performance of construction work
- or has been exempted from demonstrating his or her competency
Since the clientele and requirements depend on the service, this information is provided under each service.
