Labor rental and RBQ, which applies

Take the case of Pierre who runs a company wishing to hire qualified labor (crane operators) to other companies in need. Will he have to obtain a license from the RBQ to be in good standing?

Building Act

Article 41 of the Building Act (RSQ, c. B-1.1) indicates that, subject to some exemptions, in particular in articles 42 and 49, a license is required for the contractor who carries out or has carried out work. construction, carried out on the site of the site and on the job, in particular a building or civil engineering work.

41. This chapter applies to the contractor and to the owner-builder for construction work on a building, equipment or installation referred to in paragraph 2, 3 or 3.1 of section 2. or a civil engineering work carried out on the site of the site and on the job, including the preliminary land development work.

1985, c. 34, a. 41; 1998, c. 46, s. 14; 2005, c. 10, s.43.

Section 7 of the Building Act defines a contractor as follows:

“contractor” : a person who, for others, carries out or has carried out construction work or makes or presents tenders, personally or through an intermediary, for the purpose of carrying out or having carried out, for his benefit, such work “

7. In this Act, unless the context indicates otherwise, the following words mean: “contractor “: A person who, for others, carries out or has carried out construction work or makes or presents tenders, personally or through an intermediary, for the purpose of carrying out or having carried out, for his benefit, such work

1985, c. 34, a. 7; 1991, c. 74, a. 6; 2005, c. 10, a. 28; 2010, c. 28, a. 2; 2018, c. 13, a. 2.

Contract

In principle, the company which hires labor does not have to hold a contractor’s license. Whoever signs an installation contract with the customer must, in order to tender and execute the contract, procure employees. Whether he directly hires employees with skills cards or goes through a staff rental agency, it makes no difference with regard to the RBQ.

It is the company which signs the contract with the consumer who undertakes to carry out or have carried out construction work for his benefit. The lessor of the workforce has no responsibility for the execution of the construction work and is not liable for them. The profit he gets is not from the execution of the construction work, but from the difference between what he charges to the company, compared to what he gives to the employee.

Go further

No license is required for work done in the factory and delivery of materials to the site, which cannot be considered as construction work on the site or on the job.

No license is required for the supply of a crane with operator when the supplier of the crane has no responsibility for carrying out the construction work. The operator only responds to the contractor’s commands to place the equipment in the right place.

Whether you use your crane with your operator or use a subcontractor, there is no difference, no license is required if you do not contract for construction work.

“ Official texts have legal value in the event of a dispute. “

Source: RBQ