2.5 Contractor – Excavation and earthwork
Except for work included in subclasses 2.2 and 2.4 of Schedule II, this subclass authorizes construction work relating to the digging, moving, compacting, levelling of soil or granular materials, including work relating to small constructions as well as similar or related construction work.
This subclass is included, in its entirety, in licence subclass 2.6.
This subclass authorizes, without exceeding the regulatory framework, construction work relating to:
- streets, roadways, dirt roads or tracks of aggregate materials, including ditches
- the levelling and scraping of streets, highways, dirt roads or tracks of aggregate materials
- culverts designed to ensure the free flow of water beneath an entrance connecting the building to the street
- the installation of French or agricultural drains
- the installation of precast concrete steps and balconies
- gabions and rip rap
- the excavation of domestic waste disposal trenches (landfill)
- the excavation of the trench, installation and connection of the water service entry and sewer to the municipal system, as well as the backfilling of the trench
- the erection and anchoring of playground equipment and furnishings in a public park (11.2)
- the rental of equipment or machinery with operator, when the lessor is responsible for the execution and quality of the construction work
- small civil engineering works
- outdoor turf sports fields and clay courts
NOTE: Notwithstanding the aforementioned, private roads (streets, roads, lanes) are not included as they are not civil engineering works.
No licence is required for the following:
- excavation carried out for the sole purpose of decontaminating the soil (to be confirmed with the Ministry of Sustainable Development, Environment and Climate Change and the Ministry of Forests, Wildlife and Parks)
- the erection and assembly of playground equipment on a freestanding base
- the cleaning of ditches
- landscaping around a building, i.e.:
- earthwork (changes to the terrain profile)
- wood, stone or precast block retaining walls
- planting flowers, trees or shrubs
- seeding a lawn or laying sod
- pools, basins, statues, fountains or ponds what are not civil engineering works
- fences (when they are not specifically required by the purpose of the building or civil engineering works)
- the irrigation of lawns, plants and shrubs (unless this work is part of civil engineering work)
- work on steps consisting of concrete blocks and pavers that rest on gravel, provide access to a building to which they are not attached, and completing the landscaping
Leasing equipment with an operator
The equipment lessor who provides a client (construction contractor or owner-builder) with an operator without carrying out construction work is not required to hold a licence. In fact, if he only leases his equipment, with or without operator, he is not responsible for the execution of the work and does not act as a construction contractor. In this situation, the operator and his equipment are temporarily at the service of the lessee (contractor or owner-builder). The lessee is the one responsible for the construction work and must, therefore, hold a licence.
However, if the equipment lessor takes part in the construction work on the job site, he is then required to hold a licence. This will be the case if the lessor controls work carried out by the operator on the job site. This control can take several forms. It can involve determining the work the operator must carry out, directing the operator, giving him orders or directions as to how to do the work, supervising the quality of the work, etc. In cases such as these, the equipment lessor is deemed to be involved in the execution of the construction work and to act as a contractor.