This page is intended for current and future guarantors. It provides a good understanding of what guarantors are and makes them aware of their responsibilities. It further provides interactive training exercises designed to facilitate learning.
Click on the following links to scroll down to the required information:
Guarantors are responsible for managing activities for a company in the field in which their knowledge or experience has been recognized by the RBQ and must, in that capacity, participate actively and on an ongoing basis in such management. Guarantors are also responsible for all communication with the RBQ.
A guarantor can be:
Anyone wishing to qualify as a guarantor must, among others:
However, they cannot, for example:
Being a guarantor carries a number of responsibilities. Failure to comply with these can result in the restriction or cancellation of a licence.
A guarantor must:
A guarantor must not:
The guarantor is responsible for ensuring that their qualifications are up to date, since they must assure the RBQ and the public that the company possesses pertinent knowledge or experience in the management of a construction enterprise.
The guarantor is required to take an active and ongoing part in the company’s management activities. They must not be a prête-nom, also known as a guarantor of convenience. A prête-nom is a person who qualifies as a company’s guarantor without being involved in its management. The company and its management then become accomplices and risk having the RBQ either suspend or cancel their licence. Furthermore, the person who has acted as a guarantor of convenience could be denied a licence since this form of behaviour could compromise their probity, integrity or honesty.
Moreover, anyone who, when applying for a licence or at any time during a licence’s period of validity, acts as a prête-nom, calls on a prête-nom, or has a prête-nom among its directors, is liable to a substantial fine. Go to the Fines [Fr] page for amounts.
There are four types of guarantors, based on the field of qualification. Each of these plays a specific role in the company’s proper operation.
The administration guarantor plays a key role in the management of the construction company, its financial soundness and its compliance with administrative obligations. As such, they must assume responsibility for:
The construction site safety management guarantor is required to take the necessary measures to protect the health and safety of workers, subcontractors and anyone else under their responsibility on the company’s job site. They must also ensure that workers are registered with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). In addition, they should be in charge of, among others:
The project and site management guarantor plans, organizes, conducts and assesses activities relating to construction projects as a whole. To this end, they are in charge, among others, of:
The construction work guarantor must ensure that the company and its subcontractors fully comply with the standards, regulations and construction techniques specific to the type of construction work covered by their licence subclass, in collaboration with the project and site management guarantor. They also assume:
Some construction work guarantors are required to complete continuing education. Guarantors subject to the continuing education requirement are invited to consult the Mandatory continuing education: steps to be followed page.
Each of the three following 20-minute interactive capsules contains learning exercises helping guarantors and aspiring guarantors to understand their role within a company: