{"id":86627,"date":"2021-06-21T10:26:27","date_gmt":"2021-06-21T14:26:27","guid":{"rendered":"https:\/\/formationconstruction.com\/uncategorized\/responding-to-a-construction-company-what-are-your-obligations\/"},"modified":"2023-08-22T15:22:27","modified_gmt":"2023-08-22T20:22:27","slug":"responding-to-a-construction-company-what-are-your-obligations","status":"publish","type":"post","link":"https:\/\/formationconstruction.com\/en\/articles\/responding-to-a-construction-company-what-are-your-obligations\/","title":{"rendered":"Responding to a construction company, what are your obligations?"},"content":{"rendered":"\r\n
\u00a0<\/div>\r\n\r\n\r\n\r\n

What is a respondent?<\/strong><\/h4>\r\n\r\n\r\n\r\n

A guarantor is a person who vouches for someone.<\/p>\r\n\r\n\r\n\r\n

The same applies to the respondent of a construction company who vouches for it in one or more of the fields of qualification, namely: administration, safety management on construction sites, project and site management, and the execution of construction works.<\/p>\r\n\r\n\r\n\r\n

\u00a0<\/div>\r\n\r\n\r\n\r\n

Under the Regulation respecting the professional qualification of contractors and owner-builders, a respondent is defined by one of the following situations:<\/p>\r\n\r\n\r\n\r\n

    \r\n
  1. a natural person doing business alone<\/strong><\/li>\r\n
  2. an officer of a company or a legal person<\/strong><\/li>\r\n<\/ol>\r\n\r\n\r\n\r\n
    \u00a0<\/div>\r\n\r\n\r\n\r\n

    If you are a natural person doing business alone<\/strong> , you are the personal guarantor of compliance with laws and regulations as well as of the general situation of the company.<\/p>\r\n\r\n\r\n\r\n

    If you are a manager of a company or a legal person<\/strong> , you are responsible for the company to the RBQ.<\/p>\r\n\r\n\r\n\r\n

    Your role is therefore to represent the latter in the performance of your duties.<\/p>\r\n\r\n\r\n\r\n

    As such, you must act within the limits of your 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 (see articles
    following 321 and 2130 of the Civil Code of Quebec).<\/p>\r\n\r\n\r\n\r\n

    \u00a0<\/div>\r\n\r\n\r\n\r\n
    \"\"<\/a><\/figure>\r\n\r\n\r\n\r\n

    321.<\/strong><\/a> The administrator is considered as an agent of the legal person. He must, in the exercise of his functions, respect the obligations which the law, the constituting act and the regulations impose on him and act within the limits of the powers conferred on him. 1991, c. 64, a. 321.<\/p>\r\n\r\n\r\n\r\n

    \"\"<\/a><\/figure>\r\n\r\n\r\n\r\n

    2130.<\/strong><\/a> The mandate is the contract by which a person, the principal, gives the power to represent him in the performance of a legal act with a third party, to another person, the agent who, by the fact of his acceptance, is This power and, where applicable, the document which confirms it, are also called power of attorney. 1991, c. 64, a. 2130.<\/p>\r\n\r\n\r\n\r\n

    \u00a0<\/div>\r\n\r\n\r\n\r\n


    Certain penal provisions provided for in the Building Act may however be applicable to a guarantor (see article 194, more particularly the following paragraphs 1 and 2 of the Building Act).<\/p>\r\n\r\n\r\n\r\n

    \u00a0<\/div>\r\n\r\n\r\n\r\n
    \"\"<\/a><\/figure>\r\n\r\n\r\n\r\n

    194.<\/strong><\/a> Anyone commits an offense who:<\/p>\r\n\r\n\r\n\r\n

    (1) makes a false declaration or fails to provide information in order to obtain a license;<\/p>\r\n\r\n\r\n\r\n

    (2) makes a false declaration in a document prescribed by this Act or the regulations or makes use of such a document when he is aware of the falsity thereof;<\/p>\r\n\r\n\r\n\r\n

    \u00a0<\/div>\r\n\r\n\r\n\r\n

    The notion of guarantor by the RBQ<\/strong><\/h4>\r\n\r\n\r\n\r\n

    A company’s sponsor is one of its officers or a full-time manager who applies for a license on its behalf.<\/p>\r\n\r\n\r\n\r\n

    He must qualify for this title.<\/p>\r\n\r\n\r\n\r\n

    He is responsible for managing activities in the field for which his knowledge or experience has been recognized by the RBQ.<\/p>\r\n\r\n\r\n\r\n

    The respondent is, among other things, responsible for all communication made with the RBQ.<\/p>\r\n\r\n\r\n\r\n

    In the event of more than one respondent, the license holder designates one of them to assume this responsibility.<\/p>\r\n\r\n\r\n\r\n

    \u00a0<\/div>\r\n\r\n\r\n\r\n

    The obligations of the guarantor<\/strong><\/h4>\r\n\r\n\r\n\r\n

    The role of the respondent of a construction company is to assume responsibility on behalf of the latter for compliance with the laws and regulations in force, as well as for its obligations towards the R\u00e9gie du b\u00e2timent du Qu\u00e9bec.<\/p>\r\n\r\n\r\n\r\n

    The respondent guarantees a construction company in one or more of the following fields of qualification:<\/p>\r\n\r\n\r\n\r\n