A licence: for whom and for what?

In Québec, whoever carries out construction work or has construction work done must hold a licence from the Régie du bâtiment du Québec (RBQ), unless exempted by law.

The RBQ issues the licence only after it has verified the professional qualifications and integrity of the applicant.

Who must have a licence?

A building contractor must hold a licence to legally carry out activities. By “activities,” we mean not only carry out work or have work done by another party, but also submit bids, seek out clients or place an ad in a newspaper or elsewhere.

A promoter who enters into a contract to sell a building he built (house, condominium or other), had built, or proposes to build or have built must hold a building contractor’s licence.

The owner of a building or installation subject to the Building Act who carries out construction work on his own account must hold an owner-builder’s licence.

Licences for plumbing, heating and electrical contractors

Electrical contractors must hold a licence that includes subclass 16; this licence is issued by the Corporation des maîtres électriciens du Québec (CMEQ).

Plumbing and heating contractors must hold a licence that includes one of the following subclasses: 15.1, 15.2, 15.3, 15.4 or 15.5. This licence is issued by the Corporation des maîtres mécaniciens en tuyauterie du Québec (CMMTQ).

Conditions for obtaining the licence

The RBQ issues a licence only after having ensured that applicants have the required qualifications and that they provide the licence security intended to compensate any client who sustains a loss related to the performance or to the non-performance of the construction work or a certificate of guarantee plan for the construction of new homes.

More stringent conditions for issuing or maintaining a licence

On December 4, 2009, the Act to provide for measures to fight crime in the construction industry was passed. Under the Act, building contractors and owner-builders must meet stricter conditions for the issuance or maintenance of a licence.

The RBQ must in particular make sure that contractors, company officers, shareholders and lenders have no criminal or tax evasion background, as defined within the new statutory provisions.

The regulatory framework for those provisions came into force on June 24, 2010.

Competency certificate

In Québec, the construction industry is subject to criteria for hiring labour with which building contractors must comply. The basic principle remains competency acquired through training or work experience.

Aspiring contractors must obtain a competency certificate from the Commission de la construction du Québec (CCQ).