As a contractor licensed by the Régie du bâtiment du Québec, you may be faced with a number of problematic situations, and we’re here to help.
While many questions can be answered with the help of the guides, sample letters and forms in our legal toolkit, an independent jurist affiliated with PSP Legal will always be happy to help you by answering any questions you may have.
Of course, if you prefer to have an experienced practitioner take charge of your situation and intervene directly and quickly on your behalf, you can also request that one of the independent jurists affiliated with PSP Legal represent you by clicking here.
What is a license from the Régie du bâtiment du Québec?
Generally speaking, the provisions of the Building Act require all contractors to hold a license allowing them to work on construction sites in Quebec. The license is issued by the Régie du Bâtiment du Québec when the contractor meets all the eligibility requirements.
To enable the Régie du bâtiment to act effectively as an organization that issues and regulates contractor’s licenses, its founding legislation, the Building Act, gives it specific powers to intervene with licensees. In particular, the Régie can intervene to achieve the objectives of the Building Act:
- Ensure the quality of construction work;
- Ensure public safety;
- Ensure the professional qualification, integrity and solvency of contractors and builder-owners.
Who needs a license from the Régie du bâtiment du Québec?
- General construction contractors ;
- Owners carrying out their own work.
Examples of work not requiring a license:
- Installation of self-adhesive film ;
- Tree felling;
- Delivery of building materials;
- Management of quarry operations;
- Snow removal from roads and roofs;
- Concrete pumping.
A contractor carrying out construction work without holding an appropriate license from the Régie du bâtiment commits an offence and is liable to penalties.
How to obtain a contractor’s license
Anyone intending to carry out construction, renovation or improvement work must first assess the nature of the work envisaged, in order to understand whether it is a type of work that requires a license from the Régie du bâtiment.
As soon as the work to be carried out falls into one of the categories for which a license is required, you’ll need to apply to the Régie du bâtiment for a license.
Note that there are several categories of license, so it’s important to determine which license is appropriate in the circumstances. For example, a different type of license may be issued for a contractor working in residential construction versus a contractor working in commercial construction.
If you intend to apply to the Régie du bâtiment for a new license, you’ll need to take the following steps:
- Determine the legal form your company will take;
- Register your company with the Quebec Enterprise Registrar;
- The applicant must obtain recognition of the professional skills required to obtain a license, either by passing a Régie du bâtiment exam or by completing a training program recognized by the Régie du bâtiment;
- The company will be required to provide a surety bond with its license, or a guarantee plan.
Before granting a license, the Régie du bâtiment conducts a criminal background check on the contractor’s officers and lenders.
The Régie issues a license if the conditions prescribed by this Act and the regulations are met. The Régie du bâtiment must assess eligibility according to the guidelines set out in the Building Act.
For further information, please consult the Régie du bâtiment website.
Contesting decisions by the Régie du bâtiment du Québec
Under the Building Act, the Régie du bâtiment has the power to suspend, cancel, restrict or refuse to issue a license. However, a contractor who disagrees with a decision rendered by the Régie du bâtiment du Québec has two ways of contesting it.
The first option is to request a review of the decision by the Régie du bâtiment du Québec. To do so, the contractor must complete a form entitled Demande de révision de dossier. The form must be sent to the Régie du bâtiment no later than the thirtieth (30th) day following the date on which the contested decision was rendered.
A fee must be paid when a contractor requests a review of a decision. Following receipt of the form, the contractor will be summoned to a hearing before a Régisseur to present his point of view. The Bureau des régisseurs de la Régie du bâtiment may then decide to uphold, modify or annul the decision initially handed down by a Régie du bâtiment official.
The second option available to a contractor wishing to contest a decision rendered by the Régie du bâtiment is to file an application for review with the Tribunal administratif du travail. The deadline for filing an application is also 30 days following the date on which the decision was rendered.
The request for contestation is generally made using the Demande contestant la décision d’une autorité administrative form. The contractor will then be summoned to a hearing. The decision rendered by the Tribunal administratif du travail will be handed down within three months of the date of the hearing. However, during the contestation, the initial decision handed down by the Régie du bâtiment will not be suspended, and must therefore be respected.
How we can help
Our legal toolkit includes a variety of online resources and links to templates and guides to help you better understand your obligations.
However, should the Legal Toolkit prove insufficient in your situation, you can obtain additional assistance by speaking with one of PSP Legal’s affiliated jurists:
Of course, if you prefer to have an experienced practitioner handle your situation, you can always request that one of the independent jurists affiliated with PSP Legal intervene on your behalf by clicking here. He or she will then be able to intervene directly and rapidly on your behalf by:
- Preparing, negotiating and drafting applications, procedures or any other legal documents related to your situation;
- Assisting and advising you on your legal rights and obligations;
- Representing you before the courts when legal action is taken;
- Guiding you through the choices available to you, leading to a fair and satisfactory solution.
PSP Legal, because you deserve expert advice!
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