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This guide is intended for the guarantor of a construction company, as well as for the owner-builder, provided that the necessary adaptations are made to its content. This guide sets out only some of the responsibilities which are vested in the guarantors. Consequently, it is not to be interpreted in a way that would restrict these responsibilities, in particular when they are set out explicitly in the laws and regulations governing the construction industry. In case of doubt, these laws and regulations shall take precedence.
You have just qualified yourself as a guarantor for a construction company. This means that the Régie du bâtiment du Québec (RBQ) has made a verification of your probity and that you have demonstrated your qualifications through the established channels, for instance, by successfully taking one or several different examinations or a recognized training program. However, acting as guarantor with regard to a specific field of qualification requires more.
The purpose of this guide is to inform you on the responsibilities which are common to all guarantors (and also to all officers), as well as regarding your specific role as guarantor in one of the fields of qualification and, consequently, of a construction company. It is also based on certain provisions of the Civil Code of Québec regarding the management of companies since the principles which are set out in it can be used in particular as a measurement standard for all contractors who seek to perform in a manner that will earn them the public’s trust. As a matter of fact, paragraph 12° of Section 70 of the Building Act sets out that the RBQ may suspend or cancel a licence when its holder has acted in such a way that he/she no longer merits the public’s trust.