10%? 50%? What percentage of shares must the guarantor of an RBQ license hold?

Relative to the Building Act (B-1.1) and Regulation respecting the professional qualification of contractors and owner-builders (B-1.1, r.9), to obtain a construction contractor’s license, it is mandatory to have a guarantor in the following 4 fields of qualification: administration, project management and construction sites, safety management on construction sites, as well as the execution of construction work for general contractors.

 

What is a respondent?

A guarantor is a natural person who vouches for a construction company.

Being a respondent means having attested to one’s skills in the various areas assessed (administration, safety management on construction sites, project and site management, execution of construction work).

A person doing business alone (sole proprietorship) has only 1 respondent.

In the case of a company or a corporation, there may be several respondents.

 

Who can be a sponsor?

To be able to respond, you must be

 

• Shareholder at 10% company minimum
• Company manager

 

A leader is:

 

• A member of a society ( administrator )
• In the case of a legal person: a director, an officer (person appointed by the shareholders or by the board of directors, such as the president, the vice-president, etc.) or a shareholder holding at least 10% shares with voting rights.
• To obtain a license, all managers of a company, as well as natural persons, must provide a copy of one of their photo ID issued by a government authority, for example.  : a driver’s license, a health insurance card, a passport.

 

• A full time manager.

A full-time manager is an employee of the company whose working hours correspond to the working day and week established within this company.

 

I want my license to operate for more than one company, is this possible?

 

A natural person can  request a license  on behalf of more than one company or legal person if it owns 50  % of shares of these  companies  or 50  % of shares with voting rights of these  Moral people , and if it has not waived the rights inherent in its participation or its shares.

RBQ source: HERE

This means that if you want your license to be valid for two companies (or more), the respondent (person who takes the exams) of this license (or the respondents, so 2 maximum) must hold 50% of the shares in each of the two companies.  

 

 

Note that the referees of an RBQ license are  responsible for the company before the RBQ.

Their role is therefore to represent the latter in the exercise of its functions.

As such, a respondent must act within the limits of his powers and in compliance with the obligations provided for in laws and regulations, although it is the company in most cases that engages its legal liability.

However, certain penal provisions provided for in the Building Act may be applicable to a guarantor.

Probity must be at the heart of business ethics.

For the respondent, whether in a personal capacity or as an agent of a company or a legal person, it translates into:

• Compliance with laws and regulations
• Honest and respectful conduct towards clients and the various stakeholders in the construction industry
• Practices that demonstrate a constant concern for the safety of the public who access the buildings and facilities that the company builds, renovates or modifies (particularly for the respondent in project and site management and the technical respondent).

 

 

ABOUT US

Founded in 2000, Formation Construction is the largest provider of preparatory training for passing RBQ exams in Canada.

Thousands of entrepreneurs – from various industries – have taken a course at Formation Construction.

Our 100% online courses are designed by leading specialists in the construction industry.

Throughout your study, the trainers are available to help you, answer your questions and monitor your progress 24/7.

We help you to put together your compliant file, which should be sent to the RBQ.

At each stage of your project, you get  advice from expert professionals to help you ask yourself the right questions and provide you with the essential tools to ensure you start a lucrative business.

You are oriented on the insurance and mandatory guarantees related to your entrepreneur’s license and have access to a panel of services essential to your business launch.