B-1.1, r. 9 - Regulation respecting the professional qualification of contractors and owner-builders

Section 12 Disposition versions

2022-04-01

12. A natural person applying for the issue or amendment of a licence must provide the Board with the following information and documents:

(1)  for a contractor’s licence:

(a)  the person’s name, home address, date of birth, telephone number and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(b)  if the application is made on behalf of a partnership or legal person, the person’s name, the address and telephone number of its head office and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises and the name, title, home address, date of birth and telephone number of every officer and, if the partnership or legal person is not a reporting issuer within the meaning of the Securities Act (chapter V-1.1), shareholders and, if the partnership or legal person is constituted for the purpose of carrying out construction work on only one construction project, the name of the project;

(c)  in the absence of the registration required by subparagraph b, a copy of the constituting act or shareholders agreement, in the case of a legal person, and a copy of the contract of partnership in the case of a partnership;

(d)  a statement indicating that the person is applying for the licence on behalf of the partnership or legal person or that the person is a guarantor or wishes to qualify as such for that partnership or legal person and is designated to sign the application;

(e)  the number or title of each licence subclass for which the person or any officer of the partnership or legal person on whose behalf the application is made wishes to qualify;

(f)  if applicable, proof of the person’s participation in a guaranty plan or proof of participation of the partnership or legal person on whose behalf the licence application is made in a guaranty plan, in accordance with sections 77 and 78 of the Act;

(g)  the security required by Division V or proof of issue pursuant to an agreement between the Board and the surety;

(h)  a statement that the person, partnership or legal person on whose behalf the application is made, any of its officers or, if the partnership or legal person is not a reporting issuer within the meaning of the Securities Act, any of its shareholders, has not, in the 5 years preceding the application, been convicted of an offence under a fiscal law or of a criminal offence, or proof of pardon;

(i)  in case of bankruptcy, a copy of the order releasing the person or any officer of the partnership or legal person on whose behalf the licence application is made, and any information concerning the person’s involvement or that of any officer as an officer of a partnership or legal person that went bankrupt less than 3 years before the date of the application;

(j)  a statement that the person or any of the officers of the partnership or legal person on whose behalf the licence application is made was not an officer of a partnership or legal person in the 12 months preceding the termination of the contractor activities of that partnership or legal person or, in the opposite case, a statement giving the reason for the termination;

(k)  a statement that the person or any of the officers of the partnership or legal person on whose behalf the licence application is made was not an officer of a partnership or legal person that was liquidated by a court of competent jurisdiction because of insolvency within the meaning of the Winding-up and Restructuring Act (R.S.C. 1985, c. W-11) or, in the opposite case, a copy of the winding-up order;

(l)  a statement that the person or any of the officers of the partnership or legal person on whose behalf the licence application is made was not an officer for a contractor who terminated its activities because the contractor was insolvent within the meaning of the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

(m)  a statement that the person or the partnership or legal person on whose behalf the licence application is made has not been convicted of an offence under the Consumer Protection Act (chapter P-40.1), the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) or the Act respecting occupational health and safety (chapter S-2.1) or, in the opposite case, a statement giving the title of the Act under which the person was convicted;

(n)  a list including the name, address and telephone number of the lenders referred to in subparagraph 8.2 of the first paragraph of section 58 or subparagraph 8 of the first paragraph of section 60 of the Act and if the lender is a natural person, the person’s date of birth;

(o)  a statement from each lender indicating for the lender and, in the case of a partnership or legal person, for its officers whose names, addresses and dates of birth are indicated, if, in the 5 years preceding the date of the loan, they have been convicted of an offence under a fiscal law or of a criminal offence, or proof of pardon; and

(p)  if the person is referred to in section 56.17 or 56.18, or in section 19 of the Regulation respecting the mandatory continuing education of master electricians (chapter M-3, r. 3.1), or in section 19 of the Regulation respecting the mandatory continuing education of master pipe-mechanics (chapter M-4, r. 3), a statement of continuing education, together with a copy of participation certificates issued by the trainers, showing that the person has complied with the continuing education requirements provided for in those sections;

(2)  for an owner-builder’s licence:

(a)  the information and documents required by subparagraphs a to e, j and m to o of subparagraph 1;

(b)  the location of each site where the owner-builder intends to carry out activities referred to in section 5 or 8; and

(c)  if the licence application is for a person or partnership other than a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a statement attesting to the rights of the person or those of the partnership or legal person on whose behalf the licence application is made in the immovable involved in the proposed construction work.

Every licence application must include the fees and charges payable under section 53 and an attestation that the information provided under the first paragraph is true, and be signed by the natural person making the application.

Despite the first paragraph of section 89 of the Regulation respecting the guarantee plan for new residential buildings (chapter B-1.1, r. 8), a licence holder’s participation in a guaranty plan is presumed to be renewed for the purposes of this Regulation for the term of the licence, unless written notice to the contrary is given to the Board by the administrator of the plan or by the licence holder.

For the purposes of subparagraphs b and h of subparagraph 1 of the first paragraph, the word “shareholders” means the officers of the partnership or legal person that holds shares in the legal person on whose behalf the application is made.

O.C. 314-2008, s. 12; O.C. 457-2010, s. 1; O.C. 514-2020, s. 1.

2012-09-01

12. A natural person applying for the issue or amendment of a licence must provide the Board with the following information and documents:

(1)  for a contractor’s licence:

(a)  the person’s name, home address, date of birth, telephone number and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(b)  if the application is made on behalf of a partnership or legal person, the person’s name, the address and telephone number of its head office and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises and the name, title, home address, date of birth and telephone number of every officer and, if the partnership or legal person is not a reporting issuer within the meaning of the Securities Act (chapter V-1.1), shareholders and, if the partnership or legal person is constituted for the purpose of carrying out construction work on only one construction project, the name of the project;

(c)  in the absence of the registration required by subparagraph b, a copy of the constituting act or shareholders agreement, in the case of a legal person, and a copy of the contract of partnership in the case of a partnership;

(d)  a statement indicating that the person is applying for the licence on behalf of the partnership or legal person or that the person is a guarantor or wishes to qualify as such for that partnership or legal person and is designated to sign the application;

(e)  the number or title of each licence subclass for which the person or any officer of the partnership or legal person on whose behalf the application is made wishes to qualify;

(f)  if applicable, proof of the person’s participation in a guaranty plan or proof of participation of the partnership or legal person on whose behalf the licence application is made in a guaranty plan, in accordance with sections 77 and 78 of the Act;

(g)  the security required by Division V or proof of issue pursuant to an agreement between the Board and the surety;

(h)  a statement that the person, partnership or legal person on whose behalf the application is made, any of its officers or, if the partnership or legal person is not a reporting issuer within the meaning of the Securities Act, any of its shareholders, has not, in the 5 years preceding the application, been convicted of an offence under a fiscal law or of a criminal offence, or proof of pardon;

(i)  in case of bankruptcy, a copy of the order releasing the person or any officer of the partnership or legal person on whose behalf the licence application is made, and any information concerning the person’s involvement or that of any officer as an officer of a partnership or legal person that went bankrupt less than 3 years before the date of the application;

(j)  a statement that the person or any of the officers of the partnership or legal person on whose behalf the licence application is made was not an officer of a partnership or legal person in the 12 months preceding the termination of the contractor activities of that partnership or legal person or, in the opposite case, a statement giving the reason for the termination;

(k)  a statement that the person or any of the officers of the partnership or legal person on whose behalf the licence application is made was not an officer of a partnership or legal person that was liquidated by a court of competent jurisdiction because of insolvency within the meaning of the Winding-up and Restructuring Act (R.S.C. 1985, c. W-11) or, in the opposite case, a copy of the winding-up order;

(l)  a statement that the person or any of the officers of the partnership or legal person on whose behalf the licence application is made was not an officer for a contractor who terminated its activities because the contractor was insolvent within the meaning of the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

(m)  a statement that the person or the partnership or legal person on whose behalf the licence application is made has not been convicted of an offence under the Consumer Protection Act (chapter P-40.1), the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) or the Act respecting occupational health and safety (chapter S-2.1) or, in the opposite case, a statement giving the title of the Act under which the person was convicted;

(n)  a list including the name, address and telephone number of the lenders referred to in subparagraph 8.2 of the first paragraph of section 58 or subparagraph 8 of the first paragraph of section 60 of the Act and if the lender is a natural person, the person’s date of birth;

(o)  a statement from each lender indicating for the lender and, in the case of a partnership or legal person, for its officers whose names, addresses and dates of birth are indicated, if, in the 5 years preceding the date of the loan, they have been convicted of an offence under a fiscal law or of a criminal offence, or proof of pardon; and

(2)  for an owner-builder’s licence:

(a)  the information and documents required by subparagraphs a to e, j and m to o of subparagraph 1;

(b)  the location of each site where the owner-builder intends to carry out activities referred to in section 5 or 8; and

(c)  if the licence application is for a person or partnership other than a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a statement attesting to the rights of the person or those of the partnership or legal person on whose behalf the licence application is made in the immovable involved in the proposed construction work.

Every licence application must include the fees and charges payable under section 53 and an attestation that the information provided under the first paragraph is true, and be signed by the natural person making the application.

Despite the first paragraph of section 89 of the Regulation respecting the guarantee plan for new residential buildings (chapter B-1.1, r. 8), a licence holder’s participation in a guaranty plan is presumed to be renewed for the purposes of this Regulation for the term of the licence, unless written notice to the contrary is given to the Board by the administrator of the plan or by the licence holder.

For the purposes of subparagraphs b and h of subparagraph 1 of the first paragraph, the word “shareholders” means the officers of the partnership or legal person that holds shares in the legal person on whose behalf the application is made.

O.C. 314-2008, s. 12; O.C. 457-2010, s. 1.