Construction contractor and owner-builder, pay attention to your obligations!

As a construction contractor or owner-builder, you must comply with certain obligations according to the categories and sub-categories of your RBQ license.

In accordance with the Law, these obligations aim to ensure public safety and the quality of construction work.

A building contractor is a person who carries out or has carried out construction work for someone else, or who makes or submits tenders for the purpose of carrying out or having such work carried out, and who derives a profit therefrom.

A owner-builder is a person who carries out or has carried out construction work for himself, as a sole proprietorship, company, legal person or public legal person owner of a building, equipment intended for public use, installation not attached to a building, installation of petroleum equipment or civil engineering work. The owner-builder has no customer.

Obligations of the general contractor
The general contractor must in particular:

• hold a contractor’s license and pay for its maintenance;
• guarantee a financial guarantee or be accredited to the guarantee plan, depending on the license category;
• ensure the quality of the work it performs and its management;
• verify in the Register of License Holders that the contractor they hire, if applicable, has a license and the appropriate subcategories;
• coordinate the work of specialized contractors engaged in a construction project;
• ensure that specialty contractors meet construction standards;
• ensure that the work is always compliant after the intervention of other contractors or their employees.

Obligations of the general owner-builder
The general owner-builder must in particular:

• hold an owner-builder’s license and pay for its maintenance;
• ensure the quality of the work it performs and its management;
• verify in the Register of License Holders that the contractor they hire, if applicable, has a license and the appropriate subcategories;
• coordinate the work of specialized contractors engaged in a construction project;
• ensure that specialty contractors meet construction standards;
• ensure that the work is always compliant after the intervention of other contractors or their employees.

Obligations of the specialist contractor and owner-builder
The specialized contractor and owner-builder are responsible for the quality of the work they perform according to the license subcategories they have.

Obligations regarding construction work
The contractor or owner-builder who carries out or has construction work carried out must:

• declare their construction work to the Régie du bâtiment du Québec if they are in the following areas:
  • elevators and other elevating devices, except maintenance, repair or demolition work,
  • building, unless a building permit is required by the municipality,
  • gas, except construction work on an installation intended to distribute natural gas by pipeline and maintenance or repair work on an installation intended to use, store or distribute gas,
  • games and rides,
  • plumbing,
  • electricity, except work mentioned in a connection request made to a public electricity distribution company or work involving a power of not more than 10 kW which does not require replacement or addition of wiring;
• provide the Régie with a certificate of compliance for the work carried out in the following areas:
  • games and rides,
  • ski lifts, depending on the type of work carried out,
  • high risk petroleum equipment;
• prepare plans and specifications before starting work in the following areas:
  • elevators and other lifting devices,
  • lifts;
  • games and rides,
  • building if the building is subject,
  • electricity, if the connection has more than 200 kW,
  • plumbing, if the installation includes more than 180 venting factors.

Note
Construction plans and specifications must be to scale and indicate the nature and details of the work. They must be signed and sealed by an engineer who is a member of the Ordre des ingénieurs du Québec or an architect who is a member of the Ordre des architectes du Québec, depending on the field. They do not have to be sent to the Régie, but can be requested.

• Building Act (CQLR, chapter B-1.1)
• Regulation respecting the application of the Building Act (CQLR, chapter B-1.1, r.1)
• Construction code (CQLR, chapter B-1.1, r.2)
• security code (CQLR, chapter B-1.1, r.3)
• Regulation respecting the professional qualification of contractors and owner-builders (CQLR, chapter B-1.1, r. 9)