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What is a guarantor?

A guarantor is a person who warrants another person. The same definition goes for the guarantor of a construction company, who warrants it in one or several fields of qualification, that is: administration, construction site safety management, project and construction site management, and construction work performance.

Under the Regulation respecting the professional qualification of building contractors and owner-builders, a guarantor is either one of the following situations:

  1. a natural person doing business alone
  2. an officer or director of a partnership or legal person.

If you are a natural person doing business alone, you are personally answerable for the company’s compliance with the laws and regulations, as well as with regard to its general situation.

If you are an officer or director of a partnership or legal person, you act as the mandatory of the company which you qualify. Your role is therefore to act on behalf of the latter in the performance of your duties. In this capacity, you must act within the limits of your powers as well as in compliance with the duties and responsibilities set forth by the laws and regulations, even if in the majority of cases, the company assumes its own legal responsibility (see articles 321 and 2130 of the Civil Code of Québec).

However, certain penal provisions set out in the Building Act can be relevant to a guarantor (please refer to Section 194, and specifically to paragraphs 1 and 2 of the Building Act).

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