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

À jour au 1^er avril 2022

Ce document a valeur officielle.

chapter B-1.1, r. 9

Regulation respecting the professional qualification of contractors and owner-builders

Building Act

(chapter B-1.1, s. 185).

The fees and charges prescribed in the Regulation have been indexed as of 1 January 2022 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 20 November 2021, page 676. (s. 53)

CHAPTER I INTERPRETATION

1. In this Regulation, “guarantor” means a natural person doing business alone or an officer who, following examinations under this Regulation or any other method of evaluation considered appropriate by the Régie du bâtiment du Québec under subparagraph 1 of the first paragraph of section 58 of the Building Act (chapter B-1.1), unless the person or officer is exempt therefrom under the Act or one of its regulations, has demonstrated having the knowledge or experience relevant to managing a building undertaking and carrying out construction work, or has been recognized or holds an attestation issued by the Board under section 58.1 of the Act.

O.C. 314-2008, s. 1.

2. A member of a partnership, or in the case of a legal person, a director, officer or shareholder holding 20% or more of the voting shares is deemed to be an officer within the meaning of section 45 of the Act; a full-time manager and, for construction work on an owner-builder’s electrical installation, a journeyman electrician who has carried on the trade of electrician for at least 2 years, is a full-time employee of the owner-builder and supervises such work on behalf of the owner-builder, are also deemed to be officers and are authorized to apply for a licence on behalf of a partnership or legal person.

O.C. 314-2008, s. 2.

CHAPTER II LICENCES

DIVISION I LICENCE CLASSES

3. The licence classes are as follows:

(1)  general contractor;

(2)  general owner-builder;

(3)  specialized contractor;

(4)  specialized owner-builder.

O.C. 314-2008, s. 3.

4. A general contractor’s licence is required of any contractor whose main activity consists in organizing, coordinating, carrying out or having carried out, in whole or in part, construction work in the licence subclasses in the general contractor class, or in making or submitting tenders personally or through an intermediary for the purpose of carrying out or having such work carried out in whole or in part.

O.C. 314-2008, s. 4.

5. A general owner-builder’s licence is required of any owner-builder whose main activity consists in organizing, coordinating, carrying out or having carried out, in whole or in part, construction work in the licence subclasses in the general owner-builder class.

O.C. 314-2008, s. 5.

6. The licence that qualifies the holder in a subclass in the general contractor or general owner-builder class authorizes the holder to carry out or have construction work carried out in that subclass.

Despite the foregoing, a general contractor’s or general owner-builder’s licence authorizes its holder to carry out construction work in a licence subclass in Schedule II only if that licence subclass is mentioned in a subclass of the licence held.

O.C. 314-2008, s. 6.

7. A specialized contractor’s licence is required of any contractor whose main activity consists in carrying out or having carried out, in whole or in part, construction work in the licence subclasses in the specialized contractor class, or in making or submitting tenders, personally or through an intermediary, for the purpose of carrying out or having such work carried out in whole or in part.

O.C. 314-2008, s. 7.

8. A specialized owner-builder’s licence is required of any owner-builder whose main activity consists in carrying out or having carried out, in whole or in part, construction work in the licence subclasses in the specialized owner-builder class.

O.C. 314-2008, s. 8.

9. The licence subclasses in the general contractor class are those in Schedule I.

The licence subclasses in the general owner-builder class are those in Schedule I, except subclasses 1.1.1 and 1.1.2, with “general contractor” and “contractor” replaced wherever they appear and with the necessary modifications by “general owner-builder” and “owner-builder” respectively.

O.C. 314-2008, s. 9.

10. The licence subclasses in the specialized contractor class are those in Schedules II and III.

The licence subclasses in the specialized owner-builder class are those in Schedule II, with “specialized contractor” and “contractor” replaced wherever they appear and with the necessary modifications by “specialized owner-builder” and “owner-builder” respectively.

O.C. 314-2008, s. 10.

11. Related construction work authorized by a licence subclass in Schedule I, II or III must be carried out at the same time as work in that licence subclass.

The holder of a licence subclass may carry out construction work that is similar or related to work in the licence subclass, except work reserved exclusively for master pipe-mechanics and electrical contractors.

O.C. 314-2008, s. 11.

DIVISION II ISSUE, AMENDMENT OR MAINTENANCE OF A LICENCE

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.

13. An application for the issue or amendment of a licence is deemed to be received only if it contains all the required information and documents and the fees and charges payable under this Regulation.

O.C. 314-2008, s. 13.

14. The holder of a licence must notify the Board immediately of any change in the information or documents provided under section 12.

O.C. 314-2008, s. 14.

15. The fees and charges under section 53 to maintain a licence are payable once a year, on the anniversary date of its issue or, in the case of a licence issued on 25 June 2008 pursuant to section 53 of chapter 22 of the Statutes of 2005, on the anniversary of the expiry date of the replaced licence.

O.C. 314-2008, s. 15.

DIVISION III CONTENT OF A LICENCE

16. A licence contains

(1)  the name of the contractor or owner-builder who holds the licence and any other firm name the contractor or owner-builder is legally authorized to use in Québec that is related to the functions of contractor or owner-builder;

(2)  the address of the contractor or owner-builder;

(3)  the names of the guarantors and their capacity;

(4)  in the case of a partnership or legal person constituted for the purpose of carrying out construction work on only one construction project, the name of the project;

(5)  the date of issue;

(6)  the yearly deadline for payment of the fees and charges under section 53 to maintain the licence;

(7)  the restriction period, if any, as regards the obtention of a public contract as provided in section 65.1 of the Act;

(8)  in the case of a licence issued to a trustee in bankruptcy or a liquidator in accordance with section 76 of the Act, the validity period of the licence;

(9)  the classes and subclasses of construction work that the holder of the licence is authorized to carry out or have carried out;

(10)  in the case of an owner-builder’s licence, the location of each site referred to in subparagraph b of subparagraph 2 of the first paragraph of section 12; and

(11)  the signature of the president and chief executive officer or a vice-president and that of the secretary of the Board.

O.C. 314-2008, s. 16.

DIVISION IV EXAMINATION OF KNOWLEDGE

§ 1 . — Conditions for admission to and passing of examinations

17. A person is eligible, for each application for the issue or amendment of a licence, for the examination for the licence class or subclass applied for.

To pass the examination, the person must obtain the passing mark for each examination module; that mark remains valid for a 5-year period for an application for the issue or amendment of a licence, or for a 3-year period in the case provided for in the first paragraph of section 58.1 of the Act.

O.C. 314-2008, s. 17.

18. A person who fails an examination or examination module may register for only one supplemental examination within 30 days of the date of the Board’s ruling regarding the failure.

A person who fails a supplemental examination or examination module may not sit for another examination or examination module for a period of 6 months after the date of the Board’s ruling regarding the failure.

O.C. 314-2008, s. 18.

19. The examination of a person who is admitted to an examination sitting under false pretences or who disrupts the examination proceedings by committing fraud, plagiarizing or cheating or by cooperating in such acts is cancelled and that person may not be admitted to any examination or examination module for a period of 1 year after the date of cancellation by the Board.

O.C. 314-2008, s. 19.

§ 2 . — Exemption from examination

20. A person is exempt from an examination under subdivision 3 if the person has successfully completed a training program in the subject-matter of the examination related to the licence subclass applied for that is recognized by the Board.

A person is also exempt from an examination under subdivision 3 or an examination module if the person meets any of the following conditions:

(1)  if the examination is under section 21, the person has acted, in the 5 years preceding the licence application, as an administration guarantor for the licence class or subclass applied for, to the extent that the examination takes into account that class or subclass;

(2)  if the examination is under section 22, the person has acted, in the 5 years preceding the licence application, as a construction site safety management guarantor for the licence class or subclass applied for, to the extent that the examination takes into account that class or subclass;

(3)  if the examination is under section 23, the person has acted, in the 5 years preceding the licence application, as a project and site management guarantor for the licence class or subclass applied for, to the extent that the examination takes into account that class or subclass; or

(4)  if the examination is under section 24, the person has acted, in the 5 years preceding the licence application, as a construction work guarantor for the licence subclass applied for.

An examination exemption granted to a person under false pretences is cancelled and the person may not be admitted to any examination or examination module for a period of 1 year after the date of cancellation by the Board.

O.C. 314-2008, s. 20.

§ 3 . — Examinations

— Management of a building undertaking

21. The examination of knowledge in administration is established by the Board in relation to the licence class or subclass applied for. It may deal with the subjects listed below and be divided into modules:

(1)  financial management;

(2)  management;

(3)  labour relations; and

(4)  statutes and regulations.

O.C. 314-2008, s. 21.

22. The examination of knowledge in safety management on construction sites is established by the Board in relation to the licence class or subclass applied for. It may deal with the subjects listed below and be divided into modules:

(1)  prevention management;

(2)  compensation files management;

(3)  assessment management; and

(4)  statutes and regulations.

O.C. 314-2008, s. 22.

23. The examination of knowledge in project and site management is established by the Board in relation to the licence class or subclass applied for. It may deal with the subjects listed below and be divided into modules:

(1)  management of construction activities;

(2)  reading and interpreting plans and specifications;

(3)  assessment of costs and tenders;

(4)  quality control activities; and

(5)  statutes and regulations.

O.C. 314-2008, s. 23.

— Carrying out of construction work

24. The examination of knowledge in the carrying out of construction work is established by the Board in relation to the licence subclass applied for. It may deal with the subjects listed below and be divided into modules:

(1)  knowledge of the standards, regulations and construction techniques specific to construction work in the licence subclass; and

(2)  reading and interpreting plans and specifications specific to construction work in the licence subclass.

O.C. 314-2008, s. 24.

DIVISION V SECURITY

25. Every contractor must provide the security required by section 84 of the Act to compensate clients who sustain a loss following non-performance or performance of construction work if the loss results directly from instalments paid, failure to carry out construction work or faulty work or defects discovered in the year following completion of the work. The security does not cover the claims of persons who took part in the construction work, damages resulting from delays in construction work, damages for moral injury or punitive damages.

O.C. 314-2008, s. 25.

26. Despite section 25, security is not required if licences in subclasses 1.1.1 and 1.1.2 in Schedule I only are applied for.

O.C. 314-2008, s. 26.

27. The amount of security required is established as follows:

(1)  $40,000 if a licence in a subclass in the general contractor class is applied for; and

(2)  $20,000 if licences only in the subclasses in the specialized contractor class are applied for.

O.C. 314-2008, s. 27; O.C. 703-2016, s. 1.

28. Security is to be provided in the form of

(1)  an individual or group surety insurance policy issued in favour of the Régie du bâtiment du Québec;

(2)  a certified cheque or a bank draft to the order of the Minister of Finance; or

(3)  an irrevocable and unconditional letter of credit issued in favour of the Régie du bâtiment du Québec.

O.C. 314-2008, s. 28.

29. The security referred to in paragraph 1 of section 28 may be issued only by a legal person authorized to act as surety under the Bank Act (S.C. 1991, c. 46), the Act respecting financial services cooperatives (chapter C-67.3), the Trust Companies and Savings Companies Act (chapter S-29.02) or the Insurers Act (chapter A-32.1) and, in the case of a group surety insurance policy, an association of contractors may offer the security to its members solidarily with a legal person authorized under this section.

The security referred to in paragraphs 2 and 3 of section 28 may be issued only by a bank, a financial services cooperatives or a trust company referred to in one of the Acts mentioned in the first paragraph.

O.C. 314-2008, s. 29.

30. The security referred to in paragraph 2 of section 28 may be provided only by the contractor for itself; in such case, the contractor must fulfil the same obligations as the surety, in addition to the contractor’s obligations as principal debtor.

O.C. 314-2008, s. 30.

31. The security must be drawn up on the form containing the elements required by sections 32 to 37 that is made public by the Board. It must indicate the issue date and be signed by the surety or by the contractor if the security is provided by the latter and, at the surety’s request, by the principal debtor.

In the case of a group surety insurance policy, the policy must be filed with the Board and the association of contractors must, at the Board’s request, provide the Board with the information required for acceptance of the policy.

O.C. 314-2008, s. 31.

32. The surety is required to fulfil its obligation up to the amount required by section 27.

Despite the foregoing, in the case of security provided by a group surety insurance policy for the members of an association of contractors, the total amount of the policy is established as follows:

(1)  $250,000 if the association has fewer than 1,000 members;

(2)  $500,000 if the association has a minimum of 1,000 members but fewer than 5,000 members; and

(3)  $1,000,000 if the association has 5,000 members or more.

O.C. 314-2008, s. 32.

33. The surety must undertake to be solidarily liable with the contractor towards the Board, in the case of individual security, or with every member of the group in the case of a group surety insurance policy, to compensate in principal, interest and costs, up to the amount of security required, any client who has a liquidated claim related to a loss referred to in section 25 that is evidenced by a final judgment rendered against the contractor or surety otherwise than on an acquiescence in the demand under articles 217 to 219 of the Code of Civil Procedure (chapter C-25.01), or by an agreement or a transaction to settle the dispute made between the client and the contractor or the surety. That undertaking must bind the administrators, heirs and legal representatives of the surety.

O.C. 314-2008, s. 33; I.N. 2016-01-01 (NCCP); O.C. 724-2018, s. 1.

34. If the security is provided by the contractor for itself, the contractor must undertake to pay, up to the amount of security required, the principal, interest and costs awarded by a final judgment rendered against the contractor or agreed upon in an agreement or a transaction between the client and the contractor and settling a dispute arising from the compensation of a client who sustained a loss referred to in section 25. The undertaking must bind the directors, heirs and legal representatives of the contractor.

O.C. 314-2008, s. 34; O.C. 724-2018, s. 2.

35. The surety must waive the benefits of discussion and division and is subrogated to the rights of the client compensated up to the amount paid by the surety.

O.C. 314-2008, s. 35.

36. The security must be valid for the term of the licence and must be provided without an expiry date.

The surety or contractor may terminate the security only on written notice of at least 60 days to the Board.

If the contractor’s licence ceases to have effect because the contractor did not pay the fees and charges required to maintain the licence when they became due, the security remains valid for any new licence issued to the contractor provided that the new licence is issued within 60 days of the due date.

O.C. 314-2008, s. 36.

37. Even if the security has expired, the obligations of the surety continue to apply in respect of construction work if

(1)  the work pertains to a contract entered into while the security was in force or the work was performed while the security was in force; and

(2)  no more than 3 years have elapsed since the cause of action arose before a civil lawsuit is filed or an agreement or transaction is made.

O.C. 314-2008, s. 37; O.C. 724-2018, s. 3.

38. Each licence holder covered under a group surety insurance policy must be identified by a member certificate stating

(1)  the name of the surety;

(2)  the name of the group for which the surety is to act;

(3)  the number of the certificate of the group member;

(4)  the amount of security required under section 27;

(5)  the number of the group surety insurance policy and its date of issue;

(6)  an attestation that the licence holder is a member of the group and is covered by the group surety insurance policy; and

(7)  the signature of a duly authorized representative of the surety or the association of contractors and the date of issue.

O.C. 314-2008, s. 38.

39. Subject to subparagraph g of paragraph 1 of the first paragraph of section 12, the security forms for an individual or group surety insurance policy, an irrevocable and unconditional letter of credit, an undertaking provided by the contractor for itself and member certificates are kept by the Board.

The security referred to in paragraph 2 of section 28 must be forwarded by the Board to the Bureau général de dépôts pour le Québec who keeps it until the expiry date and, thereafter, for a 5-year period or until the 90th day after the expiry of the time for appealing a final judgment disposing of a civil remedy declared to the Board and for which the security could guarantee payment, whichever is the longer period.

O.C. 314-2008, s. 39; O.C. 488-2017, s. 1.

40. The security to which this Division applies is required to guarantee, for the term of the security,

(1)  first, the compensation in principal, interest and costs of any natural person having a liquidated claim related to a loss referred to in section 25 and evidenced by a final judgment rendered against the contractor or the surety, or by an agreement or transaction made between the client and the contractor or the surety to settle a dispute; and

(2)  second, the compensation of any other client, on the conditions mentioned in subparagraph 1.

Despite the foregoing, clients may be compensated from the security provided for in this Division for any part of their claim for which they may not obtain compensation in execution of the security related to an itinerant merchant’s permit required by the Consumer Protection Act (chapter P-40.1), or of other security issued by a person authorized to act as surety under section 29.

O.C. 314-2008, s. 40; O.C. 724-2018, s. 4.

41. Where the Board receives a claim calling into question the security, the Board verifies whether the requirements of this Division are complied with, whether the claim includes any document or information necessary to determine compliance and, in the case where the claim is not accompanied by a final judgment referred to in subparagraph 1 of the first paragraph of section 40, whether the surety agrees to enter into the agreement or transaction referred to in that subparagraph. If so, the claim is considered to comply with this Division and the Board immediately opens, subject to the third paragraph of this section, a claim file on the contractor concerned, so notifies the surety and, in the case of an agreement or transaction, the syndic, if applicable. Every copy of a judgment, agreement or transaction received or entered into thereafter must be entered in the file provided that the Board considers that the claim complies with this Division.

In the case of more than one surety issued in favour of the Board, the claim is made to the surety having issued the security that was in force at the time the contract was entered into, evidenced by a written document or the payment of an instalment. Otherwise, the claim is made to the surety having issued the security that was in force at the commencement of the work.

If the contractor concerned by the claim was the holder of an itinerant merchant’s permit required by the Consumer Protection Act (chapter P-40.1) at the time the contract was entered into or the construction work was carried out, the Board sends to the Office de la protection du consommateur, in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a copy of the documents referred to in the first paragraph, upon receipt. If the Board considers that the claim complies with this Division and the Office informs the Board that it is opening a claim file provided for in section 121 of the Regulation respecting the application of the Consumer Protection Act (chapter P-40.1, r. 3), the Board opens the claim file provided for in the first paragraph at the same time as the Office.

O.C. 314-2008, s. 41; O.C. 724-2018, s. 5.

42. Where the surety receives from a person other than the Board a copy of a final judgment, agreement or transaction referred to in section 40 that settles a dispute, the surety must forward the copy to the Board without giving effect to the claim.

O.C. 314-2008, s. 42.

43. At the end of each 6-month period following the opening of a claim file, the Board must verify with the Office de la protection du consommateur whether a client has been compensated from the security related to an itinerant merchant’s permit required by the Consumer Protection Act (chapter P-40.1) or whether a claim file is open at the Office in respect of the client’s claim. The Board must also require from any client who has filed a claim a statement attesting that the client may not be compensated, in whole or in part, from security other than the security related to the itinerant merchant’s permit.

If the Board realizes that a client has been fully compensated for the loss sustained, it must deny the claim. In the other cases, the Board must,

(1)  if the security was provided by means of an individual or group surety insurance policy or an irrevocable and unconditional letter of credit, notify the surety by sending the surety a copy of the judgments, agreements or transactions with instructions to remit to the Board the sums necessary to satisfy the claims; or

(2)  if the security was provided by means of a certified cheque or bank draft, request the Bureau général de dépôts pour le Québec to remit to the Board the sums necessary to satisfy the claims.

The surety or the Bureau général de dépôts pour le Québec is to remit to the Board the sums necessary to satisfy the claims within 30 days of receipt of a notice or request to that effect.

Having received the amount necessary for paying the claims and subject to section 44, the Board pays, in principal, interest and costs, the claims received during the 6-month period following the opening of the claim file. In the case of a client who is partly compensated from a security referred to in the second paragraph of section 40, the amount paid by the Board is reduced so that it cannot exceed the balance of the client’s claim.

O.C. 314-2008, s. 43; O.C. 488-2017, s. 2; O.C. 724-2018, s. 6.

44. If, on the date of the notice or request made under the second paragraph of section 43, the total amount of the claims exceeds the sums available to pay them, the Board pays as a priority the claims for which no claim file is open at the Office de la protection du consommateur.

In such case, the Board is to pay in full all the claims from natural persons, if the sums available are sufficient; otherwise, the Board is to pay their claims on a pro rata basis. Then, if sums are still available, the Board pays the claims from the other clients for which no claim file is open at the Office, on a pro rata basis.

If, after the payments provided for in the first and second paragraphs, sums are still available, the Board pays the claims from clients for which a claim file is open at the Office, by giving priority to the full compensation of claims from natural persons, in accordance with the second paragraph of this section, and the Board so informs the Office.

O.C. 314-2008, s. 44; O.C. 724-2018, s. 7.

45. Where a judgment, agreement or transaction is executed in accordance with section 43, the contractor must replenish the security provided so that it meets the requirements of section 27 at all times.

In the case of a group surety insurance policy, the total amount of the policy must be replenished by the surety every 6 months after the date on which the policy is filed with the Board.

O.C. 314-2008, s. 45.

CHAPTER III SPECIAL CASES OF LICENCE APPLICATION

46. A natural person, whether or not the person holds a licence, may apply for a licence on behalf of more than one partnership or legal person if the person holds 50% of the shares of those partnerships or 50% of the voting shares of those legal persons and the person has not waived the rights attaching to the person’s participation or shares.

Despite the first paragraph, a natural person who, on 30 June 1992, held a contractor’s licence and was the guarantor for a partnership or legal person as an officer may, for the same licence subclasses, remain the guarantor for that partnership or legal person.

Despite the first paragraph, a natural person who, on 30 June 1992, did not hold a contractor’s licence but was the guarantor for more than one partnership or legal person as an officer may, for the same licence subclasses, remain the guarantor for those partnerships or legal persons.

O.C. 314-2008, s. 46.

47. A natural person who is the guarantor for a legal person holding a licence and holding 50% of the voting shares of one or more legal persons, and who has not waived the rights attaching to the voting shares may apply for a licence on behalf of those legal persons.

Despite the first paragraph, a natural person who, on 30 June 1992, was a guarantor for more than one legal person as an officer may, for the same licence subclasses, remain the guarantor for those legal persons.

O.C. 314-2008, s. 47.

48. A natural person who is the guarantor for a legal person holding a licence may apply for a licence on behalf of a legal person controlled by or affiliated with that legal person.

Legal persons are affiliated if one is controlled by the other.

A legal person is controlled by another legal person if the latter owns 50% of the voting shares and has not waived the rights attaching to those shares.

O.C. 314-2008, s. 48.

49. A natural person who holds a contractor’s licence may apply for a contractor’s licence on behalf of a partnership or legal person constituted for the purpose of construction work on a single construction project and for the same licence subclasses the person already holds, if the person is a member of the partnership or a shareholder holding voting shares of the legal person and the person has not waived the rights attaching to the person’s participation or shares.

A natural person may make such an application on behalf of more than one partnership or legal person thus constituted, provided that the person meets the conditions mentioned in the first paragraph in respect of each partnership or legal person.

O.C. 314-2008, s. 49.

50. A natural person who is the guarantor for a partnership or legal person that holds a contractor’s licence and is a member of one or more partnerships or a shareholder holding voting shares of one or more legal persons constituted for the purpose of construction work on a single construction project may, for the same licence subclasses held, apply for a contractor’s licence on behalf of those partnerships or legal persons. That partnership or legal person must not have waived the rights attaching to its participation or shares.

O.C. 314-2008, s. 50.

51. A partnership or person may hold a contractor’s licence and an owner-builder’s licence concurrently.

O.C. 314-2008, s. 51.

52. A natural person may apply for a contractor’s licence and an owner-builder’s licence on behalf of the same partnership or legal person.

O.C. 314-2008, s. 52.

CHAPTER IV FEES AND CHARGES

53. The fees and charges payable as regards the professional qualification of building contractors and owner-builders are as follows:

                                                  Fees              Charges

(1) application for the issue of a licence:

(a) for one or more licence subclasses
    in Schedule I:                                $796              $366.40

(b) for one or more licence subclasses in 
    Schedules II and III, with one or more 
    licence subclasses in Schedule I:             $796              $366.40

(c) for one or more licence subclasses in 
    Schedules II and III, without any 
    licence subclass in Schedule I:               $397.99           $366.40

(2) application for an amendment of a 
    licence comprising only licence 
    subclasses in Schedules II and III, to 
    provide for an addition or replacement 
    of one or more licence subclasses in 
    Schedule I, with or without the 
    addition or replacement of a guarantor:       $397.99           $366.40

(3) application for an amendment of a 
    licence comprising only licence 
    subclasses in Schedule I, to provide
    for an addition or replacement of one or 
    more licence subclasses in Schedules II
    and III, with or without the addition 
    or replacement of a guarantor:                None              $366.40

(4) application for an amendment of a 
    licence without the addition or
    replacement of a licence class

(a) with the addition or replacement of a         None              $94.74/per
    guarantor:                                                     guarantor

(b) with the addition or replacement of one
    or more licence classes:                      None              $94.74

(5) maintenance of a licence:

(a) for one or more licence subclasses
    in Schedule I:                                $796              $94.74

(b) for one or more licence subclasses in
    Schedules II and III, with one or more
    licence subclasses in Schedule I:             $796              $94.74

(c) for one or more licence subclasses in
    Schedules II and III, without any 
    licence subclass in Schedule I:               $397.99           $94.74

(6) examination under subparagraph 1 of the 
    first paragraph of section 58 of the          None              $94.74   
    Act concerning an application for the                         per person,  
    issue or amendment of a licence or an                      per examination
    exemption from an examination provided                    or per exemption
    for in the first paragraph of section 20:                       granted  

(7) any other means of evaluation referred 
    to in subparagraph 1 of the first 
    paragraph of section 58 of the Act 
    concerning an application for the issue 
    or amendment of a licence:

(a) in the management of a building 
    undertaking:

i. knowledge in administration:                   None             $789.66
                                                                 per person

ii. knowledge in safety management on                              $789.66
    construction sites:                           None           per person

iii. knowledge in project and site                None             $789.66
     management:                                                 per person

(b) in the carrying out of construction                            $789.66
    work:                                         None           per person,
                                                                per subclass

(8) application for the review of a ruling
    of the Board concerning the issue,
    amendment, suspension or cancellation 
    of a licence or of a ruling under the 
    security required by section 84 of the 
    Act:                                          None             $366.40 

O.C. 314-2008, s. 53; O.C. 724-2018, s. 8.

54. The fees set out in paragraph 2 of section 53 for a licence amendment application are reduced by 50% if the due date of the payment of the licence maintenance fees and charges occurs within 6 months of the application.

O.C. 314-2008, s. 54.

55. The charges payable under paragraphs 1 to 4 of section 53 are doubled if priority processing is requested.

O.C. 314-2008, s. 55.

56. The fees payable under section 53 are not reimbursed by the Board following the suspension, cancellation or relinquishment of a licence.

The charges payable under section 53 are not reimbursed by the Board, except if the Board allows an application for a review of a ruling.

Despite the foregoing, the Board reimburses the holder for the licence fees and charges paid under section 53 in relation to a licence obtained under section 49 or 50 for construction work on a single construction project if the holder’s tender is rejected, on receipt by the Board, on or before the thirtieth day following the date on which the tender rejection notice is received, of a document from the holder requesting the licence be relinquished and attesting that the tender was rejected and that no construction work was carried out after the licence was issued. The reimbursement does not, however, include additional charges paid under section 55 for a priority processing request.

O.C. 314-2008, s. 56.

CHAPTER IV.1 CONTINUING EDUCATION

O.C. 514-2020, s. 2.

DIVISION I SCOPE

O.C. 514-2020, s. 2.

56.1. This Chapter applies to construction work guarantors for any of the following licence subclasses:

(1)  licence subclasses referred to in Schedule I: 1.1.1, 1.1.2, 1.2 or 1.3;

(2)  licence subclasses referred to in Schedule II: 15.1.1, 15.2.1, 15.3.1, 15.4.1 or 15.5.1.

This Chapter also applies to such guarantor for a licence subclass referred to in the first paragraph that has been issued under section 62.1 of the Building Act (chapter B-1.1).

O.C. 514-2020, s. 2.

56.2. The following persons are excluded from the application of this Chapter:

(1)  a construction work guarantor who acts in that capacity solely for an owner-builder’s licence;

(2)  a building contractor domiciled outside Québec who has obtained a licence by benefiting from an exemption in accordance with sections 3.1 to 3.2 of the Regulation respecting the application of the Building Act (chapter B-1.1, r. 1).

O.C. 514-2020, s. 2.

56.3. A construction work guarantor for any of licence subclasses 15.1.1, 15.2.1, 15.3.1 and 15.4.1 is exempt from the continuing education requirement related to those subclasses if that person is also a construction work guarantor for any of subclasses 15.1, 15.2, 15.3 and 15.4.

A construction work guarantor for licence subclass 15.5.1 is exempt from the continuing education requirement related to that subclass if that person is also a construction work guarantor for subclass 15.5.

O.C. 514-2020, s. 2.

56.4. Persons who, to qualify as construction work guarantor for any of the licence subclasses referred to in section 56.1 pass the examination provided for in section 24 or successfully complete a training program recognized by the Board in accordance with section 20 are exempt from the continuing education requirement related to that subclass during the reference period in progress at the time of passing or completion.

Persons who show that they have the knowledge or relevant experience in carrying out of construction work by any other means the Board considers fitting, in accordance with subparagraph 1 of the first paragraph of section 58 of the Building Act (chapter B-1.1), are exempt from the continuing education requirement related to that subclass during the reference period in progress at the time of the demonstration.

O.C. 514-2020, s. 2.

DIVISION II CONTINUING EDUCATION REQUIREMENTS

O.C. 514-2020, s. 2.

56.5. A construction work guarantor for one or more licence subclass referred to in section 56.1 must conduct 16 hours of continuing education per 2-year reference period.

Despite the foregoing, where a person is a guarantor for a licence subclass referred to in Schedule I, for any of subclasses 15.1.1, 15.2.1, 15.3.1 and 15.4.1 and for subclass 15.5.1 simultaneously, the person is then required to conduct 24 hours of continuing education per 2-year reference period.

The education hours required under the first and second paragraphs must be education activities that are recognized by the Board.

The first reference period begins on 1 April 2022.

O.C. 514-2020, s. 2.

56.6. Where 16 hours of education are required, the guarantor must conduct at least 8 hours of education related to the performance of construction work for the licence subclass for which the guarantor is a guarantor.

Despite the foregoing, subject to section 56.7, the construction work guarantor for a licence subclass referred to in Schedule I and for a licence subclass referred to in Schedule II must conduct 16 hours of continuing education related to the performance of construction work, including 8 hours of education related to a subclass in each of the Schedules.

Likewise, the construction work guarantor for any of licence subclasses 15.1.1, 15.2.1, 15.3.1 and 15.4.1 and for subclass 15.5.1 must conduct 16 hours of education related to the performance of construction work, including 8 hours of education related to any of subclasses 15.1.1, 15.2.1, 15.3.1 and 15.4.1 and 8 hours for subclass 15.5.1.

O.C. 514-2020, s. 2.

56.7. Where 24 hours of education are required, the guarantor must conduct 8 hours of education related to a licence subclass referred to in Schedule I, 8 hours of education related to any of subclasses 15.1.1, 15.2.1, 15.3.1 and 15.4.1 and 8 hours of education related to subclass 15.5.1. All those education activities must be related to the performance of construction work in those subclasses.

O.C. 514-2020, s. 2.

56.8. Where a person is a construction work guarantor for more than one licence subclass referred to in Schedule I, the person distributes the 8 hours of education related to the performance of construction work between the subclasses concerned. The foregoing also applies where a person is a construction work guarantor for more than one of subclasses 15.1.1, 15.2.1, 15.3.1 and 15.4.1.

O.C. 514-2020, s. 2.

56.9. A guarantor who has met the continuing education requirements for a reference period may postpone a maximum of 4 excess hours of education to the subsequent reference period. Despite the foregoing, the postponed hours may not reduce the hours that must be devoted to education required under section 56.12 during the subsequent reference period.

O.C. 514-2020, s. 2.

56.10. Despite the suspension of a licence, the continuing education requirements provided for in this Chapter continue to apply.

O.C. 514-2020, s. 2.

DIVISION III CONDITIONS AND MONITORING

O.C. 514-2020, s. 2.

56.11. For the purposes of this Chapter, all continuing education activities must be recognized by the Board. The conditions for the recognition of education and trainers are established by resolution of the Board.

Such resolutions are published on the Board’s website.

O.C. 514-2020, s. 2.

56.12. The Board may determine, by resolution, before a given reference period begins, the education that all construction work guarantors or some of them must receive among the mandatory hours of continuing education. In such case, the Board sets the duration of the education, the time allotted to receive it and it indicates the authorized trainers.

Such resolutions are published on the Board’s website.

O.C. 514-2020, s. 2.

56.13. A construction work guarantor referred to in this Chapter is responsible for sending to the Board, through the electronic system set up by the Board, a statement of continuing education together with a copy of the participation certificates issued by the trainers not later than 31 March from the end of each reference period.

However, where the licence includes any of licence subclasses 15.1, 15.2, 15.3, 15.4 and 15.5, the construction work guarantor referred to in this Chapter must send the documents required under the first paragraph to the Corporation of Master Pipe-Mechanics of Québec, constituted under the Master Pipe-Mechanics Act (chapter M-4) or, where the licence includes subclass 16, to the Corporation of Master Electricians of Québec, constituted under the Master Electricians Act (chapter M-3), through the electronic system set up or used by those corporations.

Where the licence includes any of subclasses, 15.1, 15.2, 15.3, 15.4 and 15.5 and subclass 16 simultaneously, the guarantor must then send the documents referred to in the first paragraph to the corporation which, as designated by the building contractor for which the guarantor acts, is responsible for the contractor’s professional qualification.

O.C. 514-2020, s. 2.

56.14. Participation certificates must be kept for at least 2 years after the end of the reference period during which the education was received by the guarantor and, where the licence holder is a partnership or legal person, by the partnership or legal person. The certificates must be available for consultation by the Board.

O.C. 514-2020, s. 2.

DIVISION IV PENALTIES

O.C. 514-2020, s. 2.

56.15. The Board sends a notice in writing to the licence holder where the guarantor fails to meet the continuing education requirements provided for in this Chapter.

The notice indicates the nature of the failure and the penalty provided for in this Division to which the licence holder is liable if the failure is not remedied by the guarantor within 90 days from the date of the end of the reference period.

If the licence holder is a partnership or legal person, a copy of the notice is also sent to the guarantor in default.

O.C. 514-2020, s. 2.

56.16. If the continuing education requirements are not met within 90 days from the date of the end of the reference period, the licence ceases to have effect for the licence subclass covered by the continuing education requirements.

For the purposes of section 73 of the Building Act (chapter B-1.1) and this Regulation, the construction work guarantor who is in default is deemed to have ceased to act as guarantor for the licence subclass covered by the requirements on the date of the end of the reference period.

Despite the foregoing, in the case of a licence subclass for a partnership or legal person, the licence remains in force if another person who is not in default is a construction work guarantor for that subclass.

O.C. 514-2020, s. 2.

56.17. A construction work guarantor for a licence subclass referred to in section 56.1 who ceases to act in that capacity for a subclass pursuant to section 56.16 may not apply for the same subclass, for the guarantor itself or on behalf of a partnership or legal person, without first meeting the continuing education requirements of the reference period during which the guarantor ceased to act in that capacity.

O.C. 514-2020, s. 2.

56.18. A construction work guarantor for a licence subclass referred to in section 56.1 who ceases to act in that capacity for a reason other than the reason provided for in section 56.16 may not apply for the same subclass, for the guarantor or on behalf of a partnership or legal person, without first meeting the continuing education requirements of the reference period during which the guarantor ceased to act in that capacity or, if the guarantor was exempt under section 56.4, the continuing education requirements that would have been imposed on the guarantor had the exemption not been granted.

This section does not apply to a person who again applies for the title of guarantor in the same reference period as the period during which the guarantor ceased to act in that capacity.

O.C. 514-2020, s. 2.

CHAPTER V TRANSITIONAL AND FINAL

57. Licences issued pursuant to section 53 of chapter 22 of the Statutes of 2005 specify the licence classes and subclasses which, under Schedule IV, correspond to those mentioned on the replaced licence, as well as the capacity of the guarantors, as provided in sections 65 to 68.

O.C. 314-2008, s. 57.

58. If a licence valid on 24 June 2008 contains a public contract restriction under section 65.1 of the Act, the Board is to indicate on the replacement licence it issues pursuant to section 53 of section 22 of the Statutes of 2005 the period for which the restriction remains in effect, where applicable, based on data respecting the licence holder transmitted to it by the Commission de la construction du Québec under section 123.4.4 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20).

If a licence valid on 24 June 2008 does not contain a public contract restriction but would have contained such a restriction on its renewal under the regulation replaced by section 78 of this Regulation, the Board is to indicate the expiry date for payment to maintain the licence, that the licence contains such a restriction and the period for which the restriction applies, based on the data transmitted by the Commission de la construction du Québec.

O.C. 314-2008, s. 58.

59. Despite section 25, a contractor holding a licence issued on 25 June 2008 pursuant to section 53 of chapter 22 of the Statutes of 2005 and whose replaced licence would have expired before 25 September 2008, must provide the security required by Division V of Chapter II on or before 25 September 2008.

O.C. 314-2008, s. 59.

60. Despite section 25, a contractor holding a licence issued on 25 June 2008 pursuant to section 53 of chapter 22 of the Statutes of 2005 and whose replaced licence would have expired on or after 25 September 2008, must provide the security required by Division V of Chapter II not later than the expiry date for payment to maintain the licence.

O.C. 314-2008, s. 60.

61. Until the security required by Division V of Chapter II has been provided, a contractor to which section 59 or 60 applies must provide the security referred to in section 297.2 of the Act and continue to meet the solvency conditions that applied under the regulation replaced by section 78 of this Regulation.

O.C. 314-2008, s. 61.

62. The deposit with the Board of the security required by Division V of Chapter II terminates, for the future, the security provided pursuant to section 297.2 of the Act, without the surety having to give the 60-day prior notice required by the third paragraph of section 85 of the Regulation of the Régie des entreprises de construction du Québec (R.R.Q., 1981, c. Q-1, r. 2).

O.C. 314-2008, s. 62.

63. (Obsolete).

O.C. 314-2008, s. 63.

64. In the case of an owner-builder’s licence issued before 25 June 2008 that became void on that date because it does not contain any of the licence subclasses in Schedule I or Schedule II, the Board is to reimburse the owner-builder for the fees paid on the basis of the number of full months between 25 June 2008 and the expiry date of the licence.

The Board is also to reimburse the holder of a licence issued before 25 June 2008 containing only licence subcategory 4230.2 in Schedule B to the Regulation respecting the professional qualification of building contractors and owner-builders (O.C. 876-92, 92-06-10).

O.C. 314-2008, s. 64.

65. A person who, on 24 June 2008, is a guarantor in administrative management becomes an administration guarantor.

O.C. 314-2008, s. 65.

66. A person who, on 24 June 2008, is a guarantor in safety management on building sites becomes a construction site safety management guarantor.

O.C. 314-2008, s. 66.

67. A person who, on 24 June 2008, is a guarantor in construction work management becomes a project and site management guarantor.

O.C. 314-2008, s. 67.

68. A person who, on 24 June 2008, is a guarantor in construction work management for a licence subclass which, under Schedule IV, corresponds to a licence subclass in Schedule I or Schedule II, becomes a construction work guarantor in the corresponding licence subclass.

O.C. 314-2008, s. 68.

69. A person who, on 24 June 2008, holds a recognition or attestation in administrative management issued by the Board under section 58.1 of the Act may, during the validity period of the recognition or attestation, be an administration guarantor.

A person who, before 25 June 2008, obtained a passing mark for all the modules of the examination of skills related to management described in section 20 of the Regulation respecting the professional qualification of building contractors and owner-builders (O.C. 876-92, 92-06-10) may, in the period during which the marks are granted pursuant to the first paragraph of section 21 of that Regulation, be an administration guarantor.

O.C. 314-2008, s. 69.

70. A person who, on 24 June 2008, holds a recognition or attestation in safety management on construction sites issued by the Board under section 58.1 of the Act may, during the validity period of the recognition or attestation, be a construction site safety management guarantor.

A person who, before 25 June 2008, obtained a passing mark for all the modules of the examination of skills related to managing safety on construction sites described in section 16 of the Regulation respecting the professional qualification of building contractors and owner-builders (O.C. 876-92, 92-06-10) may, in the period during which the marks are granted pursuant to the first paragraph of section 17 of that Regulation, be a construction site safety management guarantor.

O.C. 314-2008, s. 70.

71. A person who, on 24 June 2008, holds a recognition or attestation in construction work management issued by the Board under section 58.1 of the Act may, during the validity period of the recognition or attestation, be a project and site management guarantor.

A person who, before 25 June 2008, obtained a passing mark for all the modules of the examination of skills related to managing construction work described in section 12 of the Regulation respecting the professional qualification of building contractors and owner-builders (O.C. 876-92, 92-06-10) may, in the period during which the marks are granted pursuant to the first paragraph of section 13 of that Regulation, be a project and site management guarantor.

O.C. 314-2008, s. 71.

72. A person who, on 24 June 2008, holds a recognition or attestation in construction work management issued by the Board under section 58.1 of the Act may, during the validity period of the recognition or attestation, be a construction work guarantor for a licence subclass in Schedule I or Schedule II which, under Schedule IV, corresponds to a licence subcategory for which the person held a recognition or attestation.

A person who, before 25 June 2008, obtained a passing mark for all the modules of the examination of skills related to managing construction work described in section 12 of the Regulation respecting the professional qualification of building contractors and owner-builders (O.C. 876-92, 92-06-10) may, in the period during which the marks are granted pursuant to the first paragraph of section 13 of that Regulation, be a construction work guarantor for a licence subclass in Schedule I or Schedule II which, under Schedule IV, corresponds to a licence subcategory for which the person passed all the examination modules.

O.C. 314-2008, s. 72.

73. A person is exempt from the examination under section 21 if, in the 5 years preceding the person’s application for a licence but before 25 June 2008, the person was a guarantor in administrative management.

O.C. 314-2008, s. 73.

74. A person is exempt from the examination under section 22 if, in the 5 years preceding the person’s application for a licence but before 25 June 2008, the person was a guarantor in safety management on construction sites.

O.C. 314-2008, s. 74.

75. A person is exempt from the examination under section 23 if, in the 5 years preceding the person’s application for a licence but before 25 June 2008, the person was a guarantor in construction work management.

O.C. 314-2008, s. 75.

76. A person is exempt from the examination under section 24 if, in the 5 years preceding the person’s application for a licence but before 25 June 2008, the person was a guarantor in a licence subclass which, under Schedule IV, corresponds to the licence subclass applied for.

O.C. 314-2008, s. 76.

77. The provisions of the second paragraph of section 18 apply only if the ruling of the Board regarding the failure is made in respect of an application received by the Board after 25 June 2008.

O.C. 314-2008, s. 77.

78. This Regulation replaces the Regulation respecting the professional qualification of building contractors and owner-builders (O.C. 876-92, 92-06-10).

O.C. 314-2008, s. 78.

79. (Omitted).

O.C. 314-2008, s. 79.

SCHEDULE I

(s. 9)

LICENCE SUBCLASSES IN THE GENERAL CONTRACTOR’S LICENCE CLASS REFERRED TO IN SECTION 9

1.1.1 Contractor – new residential buildings covered by a guaranty plan, Class I

This subclass authorizes construction work relating to

— a single family dwelling, duplex or town house, whether or not it is held in divided co-ownership;

— a multifamily building, from a duplex to a quintuplex, that is not held in divided co-ownership;

It also authorizes construction work in subclasses 2.6, 3.1, 4.1, 5.1 and 6.1 of Schedule II, relating to a new residential building covered by this subclass.

1.1.2 Contractor – new residential buildings covered by a guaranty plan, Class II

This subclass authorizes construction work relating to a multifamily building held in divided co-ownership, comprising no more than 4 private portions stacked one above the other, without taking into account, in calculating those 4 portions, the private spaces used for parking or storage.

It also authorizes construction work in subclasses 2.6, 3.1, 4.1, 5.1 and 6.1 of Schedule II, relating to a new residential building covered by this subclass.

1.2 Contractor - small buildings

This subclass authorizes construction work relating to

— buildings not referred to in subclass 1.1.1 or 1.1.2 that are referred to in Part 9 of the National Building Code – Canada 1995 (NRCC 38726E) as adopted by Chapter I of the Building Code (chapter B-1.1, r. 2), without regard to the exemptions in Division II of the Regulation respecting the application of the Building Act (chapter B-1.1, r. 1);

— buildings referred to in subclasses 1.1.1 and 1.1.2 and in Part 9 of the National Building Code, to the extent that the work is subcontracted on behalf of the holder of a licence in subclass 1.1.1 or 1.1.2;

— tents referred to in paragraph 2 of section 3.4 of the Regulation respecting the application of the Building Act.

It also authorizes construction work in subclasses 2.6, 3.1, 4.1, 5.1 and 6.1 of Schedule II relating to a building or a tent referred to in this subclass.

Lastly, it authorizes similar or related construction work.

1.3 Contractor – all buildings

This subclass authorizes construction work on any building, including those of subclass 1.2, and construction work on inflatable structures referred to in paragraph 2 of section 3.4 of the Regulation respecting the application of the Building Act.

It also authorizes construction work relating to a new residential building in this subclass to the extent that the work is subcontracted on behalf of the holder of a licence in subclass 1.1.1 or 1.1.2.

This subclass authorizes construction work in subclasses 2.6, 3.1, 4.1, 5.1 and 6.1 of Schedule II relating to a building or inflatable structure covered by this subclass.

Lastly, it authorizes similar or related construction work.

1.4 Contractor – roads and mains

This subclass authorizes construction work relating to roads and public thoroughfares, sewers, water mains, pipelines, railroad structures and tunnels.

It also authorizes construction work in subclasses 3.1, 4.1, 5.1 and 6.1 of Schedule II relating to civil engineering structures covered by this subclass.

This subclass also authorizes construction work in subclass 1.6, but only to have it carried out when it is related to civil engineering structures covered by this subclass.

Lastly, it authorizes similar or related construction work.

1.5 Contractor – civil engineering structures

This subclass authorizes construction work relating to civil engineering structures made of reinforced concrete, metal or other material and electric generating works.

It also authorizes construction work in subclasses 3.1, 4.1, 5.1 and 6.1 of Schedule II relating to civil engineering structures covered by this subclass.

This subclass also authorizes construction work in subclass 1.6 but only to have it carried out, when it is related to civil engineering structures covered by this subclass.

Lastly, it authorizes similar or related construction work.

1.6 Contractor – underwater civil engineering

This subclass authorizes construction work relating to underwater civil engineering structures related to water intakes, sewer outlets, bridge piers and caissons.

It also authorizes construction work in subclasses 3.1, 4.1, 5.1 and 6.1 of Schedule II, when it is related to civil engineering structures covered by this subclass.

Lastly, it authorizes similar or related construction work.

1.7 Contractor – telecommunications, transmission, transformation and distribution of electric power

This subclass authorizes construction work relating to electric power transformation and telecommunications stations and overhead and underground lines for electric power transmission, dispatching and distribution, and for telecommunications.

It also authorizes construction work in subclasses 3.1, 4.1, 5.1 and 6.1 of Schedule II when it is related to civil engineering structures covered by this subclass.

This subclass also authorizes construction work in subclass 1.6, but only to have it carried out, when it is related to civil engineering structures covered by this subclass.

Lastly, it authorizes similar or related construction work.

1.8 Contractor – petroleum equipment installation

This subclass authorizes construction work relating to installations for the use, storage or distribution of petroleum products and similar or related construction work.

1.9 Contractor – building mechanicals

Subject to the second paragraph of section 6 of this Regulation, this subclass authorizes construction work relating to building mechanicals of a building, facilities intended for use by the public or civil engineering structures, such as heating, ventilation, refrigeration, plumbing, fire protection and their control systems, as well as insulation and emergency electrical supply systems.

It also authorizes construction work in a subclass of Schedule III that is not already authorized by the first paragraph, when such work is part of a project related to building mechanicals of buildings, facilities intended for use by the public or civil engineering structures.

Lastly, it authorizes similar or related construction work.

1.10 Contractor – mechanical lifts

This subclass authorizes construction work relating to mechanical lifts and conveyors referred to in paragraph 7 of section 3.4 of the Regulation respecting the application of the Building Act.

It also authorizes construction work in subclasses 3.1, 4.1, 5.1 and 6.1 of Schedule II, when it is related to a mechanical lift or conveyor covered by this subclass.

Lastly, it authorizes similar or related construction work.

O.C. 314-2008, Sch. I; O.C. 156-2014, ss. 57 and 58.

SCHEDULE II

(s. 10)

LICENCE SUBCLASSES IN THE SPECIALIZED CONTRACTOR’S LICENCE CLASS REFERRED TO IN SECTION 10

2.1 Contractor – drilled wells

This subclass authorizes construction work relating to the sinking of wells and water collection, and similar or related construction work.

2.2 Contractor – non-drilled water collection structures

This subclass authorizes construction work relating to non-drilled water collection structures such as shallow wells and spring water collection, and similar or related construction work.

2.3 Contractor – underground water pumping systems

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics or electrical contractors relating to underground water pumping systems, and similar or related construction work.

2.4 Contractor – private sewerage systems

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics relating to building sewage treatment, and similar or related construction work.

2.6 Contractor – piles and special foundations

This subclass authorizes construction work relating to soil mechanics such as piles and caissons, cofferdams, tiebacks, underpinning or grouting of soil and rock.

It also authorizes construction work in subclass 2.5 of Schedule III.

Lastly, it authorizes similar or related work.

2.8 Contractor – blasting

This subclass authorizes construction work relating to drilling, loading of holes and firing explosives and similar and related construction work.

3.1 Contractor – concrete structures

This subclass authorizes construction work relating to cast or precast structural concrete.

It also authorizes construction work in subclass 3.2 of Schedule III.

Lastly, it authorizes similar or related construction work.

4.1 Contractor – masonry structures

This subclass authorizes construction work relating to structural masonry and masonry outer wall.

It also authorizes construction work in subclass 4.2 of Schedule III.

Lastly it authorizes similar or related construction work.

5.1 Contractor – metallic structures and prefabricated concrete elements

This subclass authorizes construction work relating to metallic structures and steel structural elements as well as structural assembly work using prefabricated concrete elements.

It also authorizes construction work in subclass 5.2 of Schedule III.

Lastly, it authorizes similar or related construction work.

6.1 Contractor – wood structures

This subclass authorizes construction work relating to wood structures.

It also authorizes construction work in subclass 6.2 of Schedule III.

Lastly, it authorizes similar or related construction work.

10. Contractor – solid fuel local heating systems

This subclass authorizes construction work that is not exclusively reserved for master pipe-mechanics or electrical contractors relating to solid fuel local heating systems, such as stoves and prefabricated fireplaces, and similar or related construction work.

11.1 Contractor – pressurized industrial or institutional piping

This subclass authorizes construction work that is not exclusively reserved for master pipe-mechanics relating to the installation of pressurized industrial or institutional piping, and similar or related construction work.

13.1 Contractor – lightning protection

This subclass authorizes construction work that is not exclusively reserved for electrical contractors relating to lightning protection installations, and similar or related construction work.

13.2 Contractor – fire alarm systems

This subclass authorizes construction work that is not exclusively reserved for electrical contractors relating to fire alarm systems, and similar or related construction work.

13.3 Contractor – fire extinguishing system

This subclass authorizes construction work that is not exclusively reserved for master pipe-mechanics relating to automatic water sprinkler systems, fire protection standpipe, and similar or related construction work.

13.4 Contractor – local fire extinguishing systems

This subclass authorizes construction work relating to local fire extinguishing systems using a product stored in a tank and similar or related construction work.

14.1 Contractor – passenger and freight elevators

This subclass authorizes construction work that is not exclusively reserved for electrical contractors relating to passenger and freight elevators, dumbwaiters, escalators, moving walks and material lifts governed by the current edition of CAN/CSA B44 Safety Code for Elevators and Freight Elevators, rendered applicable by Chapter IV of the Construction Code (chapter B-1.1, r. 2) and defined in that Code, and related construction work.

14.2 Contractor – lifts for persons with physical disabilities

This subclass authorizes construction work that is not reserved exclusively for electrical contractors relating to lifts for persons with physical disabilities governed by the current edition of standards CAN/CSA B355 Lifts for Persons with Physical Disabilities and CAN/CSA B613 Private Residence Lifts for Persons with Physical Disabilities, rendered applicable by Chapter IV of the Construction Code and defined in those standards, and related construction work.

14.3 Contractor – other types of elevators

This subclass authorizes construction work that is not reserved exclusively for electrical contractors relating to elevators not in subclass 1.10 provided for in Schedule I and in subclasses 14.1 and 14.2 and related construction work.

15.1 Contractor – pulsed air heating systems

This subclass authorizes construction work reserved exclusively for master pipe-mechanics under the Master Pipe-Mechanics Act (chapter M-4) relating to pulsed air heating systems.

It also authorizes construction work that is not already authorized by the first paragraph and relating to pulsed air heating systems, particularly those relating to propane gas burners and those included in subclass 15.1.1.

In addition, this subclass authorizes construction work relating to pulsed air heating and air conditioning systems. However, work relating to heating and air conditioning devices that are part of such systems may not be carried out unless the contractor also holds the appropriate subclass 15.9 or 15.10.

Lastly, it authorizes related construction work.

15.1.1 Contractor – pulsed air heating systems for certain work that is not reserved exclusively for master pipe-mechanics

This subclass authorizes maintenance work relating to pulsed air heating systems, including propane gas burners that are part of them.

It also authorizes construction work relating to heating systems referred to in the first paragraph that is carried out in the territory of a local municipality with fewer than 5,000 inhabitants, except if there is a public sewer system, or in an unorganized territory.

In addition, this subclass authorizes construction work relating to pulsed air heating and air conditioning systems that is carried out in the territories referred to in the second paragraph. However, work relating to heating and air conditioning devices that are part of such systems may not be carried out unless the contractor also holds the appropriate subclass 15.9 or 15.10.

Lastly, it authorizes related construction work.

15.2 Contractor – natural gas burners

This subclass authorizes construction work that is reserved exclusively for master pipe-mechanics under the Master Pipe-Mechanics Act relating to natural gas combustion systems.

It also authorizes construction work in subclass 15.2.1.

Lastly, it authorizes related construction work.

15.2.1 Contractor – natural gas burners for certain work that is not reserved exclusively for master pipe-mechanics

This subclass authorizes maintenance work relating to natural gas combustion systems.

It also authorizes construction work relating to natural gas combustion systems that is carried out in the territory of a local municipality with fewer than 5,000 inhabitants, except if there is a public sewer system, or in an unorganized territory.

Lastly, it authorizes related construction work.

15.3 Contractor – oil burners

This subclass authorizes construction work reserved exclusively for master pipe-mechanics under the Master Pipe-Mechanics Act relating to oil combustion systems.

It also authorizes construction work in subclass 15.3.1.

Lastly, it authorizes related construction work.

15.3.1 Contractor – oil burners for certain work that is not reserved exclusively for master pipe-mechanics

This subclass authorizes maintenance work relating to oil combustion systems.

It also authorizes construction work relating to oil combustion systems that is carried out in the territory of a local municipality with fewer than 5,000 inhabitants, except if there is a public sewer system, or in an unorganized territory.

Lastly, it authorizes related construction work.

15.4 Contractor – hydronic heating systems

This subclass authorizes construction work reserved exclusively for master pipe-mechanics under the Master Pipe-Mechanics Act relating to hydronic heating systems.

It also authorizes construction work that is not already authorized by the first paragraph and relating to hydronic heating systems, particularly those relating to propane gas burners and those included in subclass 15.4.1.

In addition, this subclass authorizes construction work relating to hydronic heating and air conditioning systems. However, work relating to heating and air conditioning devices that are part of such systems may not be carried out unless the contractor also holds the appropriate subclass 15.9 or 15.10.

Lastly, it authorizes related construction work.

15.4.1 Contractor – hydronic heating systems for certain work that is not reserved exclusively for master pipe-mechanics

This subclass authorizes maintenance work relating to hydronic heating systems, including propane burners that are part of the systems.

It also authorizes construction work relating to heating systems referred to in the first paragraph and that is carried out in the territory of a local municipality with fewer than 5,000 inhabitants, except if there is a public sewer system, or in an unorganized territory.

In addition, this subclass authorizes construction work relating to hydronic heating and air conditioning systems carried out in the territories referred to in the second paragraph. However, work relating to heating and air conditioning devices that are part of such systems may not be carried out unless the contractor also holds the appropriate subclass 15.9 or 15.10.

Lastly, it authorizes related construction work.

15.5 Contractor – plumbing

This subclass authorizes construction work that is reserved exclusively for master pipe-mechanics under the Master Pipe-Mechanics Act relating to plumbing systems in any building or structure, including piping and all the fixtures used for drainage, back venting of traps, hot and cold water supply or gas supply.

It also authorizes construction work in subclass 15.5.1.

Lastly, it authorizes related construction work.

15.5.1 Contractor – plumbing for certain work that is not reserved exclusively for master pipe-mechanics

This subclass authorizes maintenance work relating to plumbing systems in any building or structure, including piping and all fixtures used for drainage, back venting of traps, hot and cold water supply or gas supply.

It also authorizes construction work relating to plumbing systems referred to in the first paragraph and carried out in the territory of a local municipality with fewer than 5,000 inhabitants, except if there is a public sewer system, or in an unorganized territory.

Moreover, this subclass authorizes construction work relating to plumbing installations that are not building installations and that are outdoors.

Lastly, it authorizes related construction work.

15.6 Contractor – propane

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics relating to installations for the use, storage or distribution of propane gas, including their components and fixtures, and similar or related construction work.

15.7 Contractor – residential ventilation

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics relating to air circulation or distribution systems related to ventilation, exhaust, air compensation and air conditioning of single family dwellings, duplexes or town houses and private portions of multifamily buildings held in divided co-ownership.

It also authorizes, for buildings referred to in the first paragraph, construction work relating to the heating duct systems and the installation of the heating devices of a pulsed air heating system as well as construction work relating to the heating duct systems of a pulsed air heating and air conditioning system.

In addition, this subclass authorizes, for the same buildings, construction work relating to the heating and air conditioning devices of a pulsed air system provided that the contractor also holds the appropriate subclass 15.9 or 15.10.

Lastly, it authorizes similar or related construction work.

15.8 Contractor – ventilation

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics relating to air circulation or distribution systems related to ventilation, exhaust, air compensation and air conditioning.

It also authorizes construction work relating to the heating duct systems and the installation of the heating devices of a pulsed air heating system as well as construction work relating to the heating duct systems of a pulsed air heating and air conditioning system.

In addition, that subclass authorizes construction work relating to the heating and air conditioning devices of a pulsed air system provided that the contractor also holds the appropriate subclass 15.9 or 15.10.

Lastly, it authorizes similar or related construction work.

15.9 Contractor – small refrigeration systems

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics relating to air-conditioning refrigeration systems with a cooling capacity not exceeding 20 kW and a refrigerant of group A1, A2 or a mixture of both, according to the classification in the table on refrigerants and charges of the Mechanical Refrigeration Code, published by the Canadian Standards Association.

It also authorizes construction work relating to the heating and air conditioning devices of a pulsed air system, whose capacity does not exceed 40 kW and that use a refrigerant referred to in the first paragraph, provided that the contractor also holds the appropriate subclass 15.1, 15.1.1, 15.7 or 15.8.

In addition, this subclass authorizes construction work relating to the heating and air conditioning devices of a hydronic system, whose capacity does not exceed 40 kW and that use a refrigerant referred to in the first paragraph, provided that the contractor also holds the appropriate subclass 15.4 or 15.4.1.

It also authorizes similar or related construction work.

15.10 Contractor – refrigeration

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics relating to any refrigeration system, including work related to air-conditioning, industrial processes and food preservation.

It also authorizes construction work relating to the heating and air conditioning devices of a pulsed air system provided that the contractor also holds the appropriate subclass 15.1, 15.1.1, 15.7 or 15.8.

In addition, this subclass authorizes construction work relating to the heating and air conditioning devices of a hydronic system provided that the contractor also holds the appropriate subclass 15.4 or 15.4.1.

Lastly, it authorizes similar or related construction work.

16. Contractor – electrical

Except for demolition work, this subclass authorizes construction work on an electrical installation to which Chapter V of the Construction Code applies, introduced by the Regulation to amend the Construction Code (O.C. 961-2002, 2002-08-21), that is reserved exclusively for electrical contractors.

It also authorizes construction work relating to fixtures permanently connected to the electrical installation, if it is governed by Chapter V of the Construction Code and if it is not specifically governed by another subclass and construction work in subclasses 13.2 and 17.1.

Lastly, it authorizes related construction work.

17.1 Contractor – instrumentation and control systems

This subclass authorizes construction work that is not reserved exclusively for electrical contractors relating to instrumentation and control systems.

It also authorizes construction work in subclass 17.2 of Schedule III.

Lastly, it authorizes similar or related construction work.

O.C. 314-200, Sch. II; O.C. 703-2016, ss. 2 to 9.

SCHEDULE III

(s. 10)

LICENCE SUBCLASSES IN THE SPECIALIZED CONTRACTOR’S LICENCE CLASS REFERRED TO IN SECTION 10

2.5 Contractor – excavation and earthwork

Except for the work in subclasses 2.2 and 2.4 of Schedule II, this subclass authorizes construction work relating to excavating, moving, compacting and levelling of earth or granular materials, including work relating to small works of art, and similar or related construction work.

2.7 Contractor – sitework

This subclass authorizes construction work relating to the preparation and finishing of sitework, such as alignment, levelling, fencing, demolition, paving and asphalting, laying interlocking paving stones, and similar or related construction work.

3.2 Contractor – small concrete works

This subclass authorizes construction work relating to concrete formwork for foundation walls of buildings referred to in Part 9 of the National Building Code – Canada 1995 (NRCC 38726E) as adopted by Chapter I of the Building Code (chapter B-1.1, r. 2), without regard to the exemptions in Division II of the Regulation respecting the application of the Building Act (chapter B-1.1, r. 1) and to other concrete works, concreting, reinforcement and concrete finishing, and similar or related construction work.

4.2 Contractor – non-structural masonry, marble and ceramics

This subclass authorizes construction work relating to non-structural masonry, marble, granite, ceramics, terrazzo and other similar materials, refractory products, and similar or related construction work.

5.2 Contractor – metal fabrication

This subclass authorizes construction work relating to cold-formed steel and aluminium sections used in the construction of non-bearing partitions, wrought metal, welding, and similar or related construction work.

6.2 Contractor – wood and plastic work

This subclass authorizes construction work relating to wood and plastic structures such as finishing carpentry, and similar or related construction work.

7. Contractor – insulation, waterproofing, roofing and siding

This subclass authorizes construction work relating to fireproofing, waterproofing, insulation, lagging, roofing, siding other than masonry, and similar or related construction work.

8. Contractor – doors and windows

This subclass authorizes construction work relating to doors, windows, glazed curtain walls, and similar or related construction work.

9. Contractor – interior finishing

This subclass authorizes construction work relating to interior and exterior painting, interior surfaces such as flooring, wall and ceiling and their finishing, and similar or related construction work.

11.2 Contractor – special equipment and products

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics and electrical contractors relating to all types of equipment and special products that are not already governed by a subclass in Schedule II or this Schedule, and similar or related construction work.

12. Contractor – manufactured cabinets and counter tops

This subclass authorizes construction work relating to manufactured cabinets and counter tops, and similar or related construction work.

13.5 Contractor – prefabricated or special installations

This subclass authorizes construction work that is not reserved exclusively for master pipe-mechanics and electrical contractors relating to prefabricated or special installations such as cold rooms, pools, skating rinks, excluding their heating and cooling systems, and noise and vibration protection systems.

It also authorizes similar or related construction work.

17.2 Contractor – intercommunications, telephone and surveillance

This subclass authorizes construction work that is not reserved for electrical contractors relating to intercommunications, telephone and surveillance systems, and similar or related construction work.

O.C. 314-200, Sch. III.

SCHEDULE IV

(ss. 57, 68, 72 and 76)

LICENCE SUBCLASS CONCORDANCE TABLE

___________________________________________________________________________________
                                       |         
   Licence subcategories in force on   |    Corresponding licence subclasses on    
              24 June 2008             |               25 June 2008            
_______________________________________|___________________________________________
       |                               |        |
Number |             Title             | Number |               Title              
_______|_______________________________|________|__________________________________
       |                               |        |
 3031  | Contractor - new residential  | 1.1.1  | Contractor - new residential 
       | covered by a guaranty plan,   |        | buildings covered by a guaranty 
       | Class I buildings             |        | plan, Class I
       |                               |________|__________________________________
       |                               |        |
       |                               | 10     | Contractor - solid fuel local 
       |                               |        | heating systems
       |                               |________|__________________________________
       |                               |        |
       |                               | 15.7   | Contractor - residential 
       |                               |        | ventilation 
_______________________________________|________|__________________________________
       |                               |        |
 3032  | Contractor - new residential  | 1.1.2  | Contractor - new residential  
       | buildings covered by a        |        | buildings covered by a guaranty 
       | guaranty plan, plan, Class II |        | Class II
       |                               |________|__________________________________
       |                               |        |
       |                               | 15.7   | Contractor - residential
       |                               |        | ventilation 
_______|_______________________________|________|__________________________________
       |                               |        |
 4041  | Residential building          | 1.2    | Contractor - small buildings
       | contractor, Class I           |________|__________________________________
       |                               |        |
       |                               | 10     | Contractor - solid fuel local 
       |                               |        | heating systems
       |                               |________|__________________________________
       |                               |        |
       |                               | 15.7   | Contractor - residential 
       |                               |        | ventilation
_______|_______________________________|___________________________________________
       |                               |        |
 4042  | Residential building          | 1.3    | Contractor - all buildings
       | contractor, Class II          |________|__________________________________
       |                               |        |
       |                               | 15.7   |Contractor - residential 
       |                               |        |ventilation
_______|_______________________________|________|__________________________________
       |                               |        |
 4043  | Maintenance, renovation,      | 1.2    | Contractor - small buildings
       | repair and alteration of      |________|__________________________________
       | residential buildings         |        |
       | contractor                    | 10     | Contractor - solid fuel local 
       |                               |        | heating systems
       |                               |________|__________________________________
       |                               |        |
       |                               | 15.7   | Contractor - residential 
       |                               |        | ventilation
_______|_______________________________|________|__________________________________
       |                               |        |
 4047  | Building removal contractor   | 1.2    | Contractor - small buildings
_______|_______________________________|________|__________________________________
       |                               |        |
 4050.1| Public, commercial and        | 1.2    | Contractor - small buildings 
       | industrial buildings          |        |
       | contractor, Class I           |        |
_______|_______________________________|________|__________________________________
       |                               |        |
4050.2 | Shelters, all types,          | 1.2    | Contractor - small buildings
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4051  | Public, commercial and        | 1.3    | Contractor - all buildings 
       | industrial buildings          |        |
       | contractor, Class II          |        |
_______________________________________|________|__________________________________
       |                               |        |
 4053  | Maintenance, renovation,      | 1.3    | Contractor - all buildings 
       | repair and alteration of      |        |
       | public, commercial and        |        |
       | industrial buildings          |        |
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4062  | Heavy industry factory        | 1.3    | Contractor - all buildings
       | complexes contractor          |        | 
_______|_______________________________|________|__________________________________
       |                               |        |
 4063  | Sports equipment contractor   | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______________________________________|________|__________________________________
       |                               |        |
 4071.1| Roads and public              | 1.4    | Contractor - roads and mains 
       | thoroughfares contractor      |        | 
_______|_______________________________|________|__________________________________
       |                               |        |
 4071.2| Sewers, water mains,          |        | 1.4 Contractor - roads and mains 
       | prefabricated reservoirs and  |        |
       | pumping stations contractor   |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4071.3| Railroad work contractor      | 1.4    | Contractor - roads and mains
_______|_______________________________|________|__________________________________
       |                               |        |
 4072  | Bridges and overpasses        | 1.5    | Contractor - civil engineering
       | contractor                    |        | structures
_______|_______________________________|________|__________________________________
       |                               |        |
 4073  | Underground civil engineering | 1.4    | Contractor - roads and mains 
       | works contractor              |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4074  | Underwater civil engineering  | 1.6    | Contractor - underwater civil 
       | works contractor              |        | engineering structures 
_______|_______________________________|________|__________________________________
       |                               |        |
 4092  | Electric generating works     | 1.5    | Contractor - civil engineering 
       | contractor                    |        | structures 
_______|_______________________________|________|__________________________________
       |                               |        |
 4093.1| Electrical distribution       | 1.7    | Contractor - telecommunications, 
       | substations contractor        |        | transmission, transformation and 
       |                               |        | distribution of electric power 
_______|_______________________________|________|__________________________________
       |                               |        |
 4093.2| Overhead lines contractor     | 1.7    | Contractor - telecommunications, 
       |                               |        | transmission, transformation and 
       |                               |        | distribution of electric power
_______|_______________________________|________|__________________________________
       |                               |        |
 4093.3| Underground lines contractor  | 1.7    | Contractor - telecommunications, 
       |                               |        | transmission, transformation and 
       |                               |        | distribution of electric power
_______|_______________________________|________|__________________________________
       |                               |        |
 4096  | Pipelines contractor          | 1.4    | Contractor - roads and mains
_______|_______________________________|________|__________________________________
       |                               |        |
 4200  | Piles and special foundations | 2.6    | Contractor - piles and special 
       | contractor                    |        | foundations
_______|_______________________________|________|__________________________________
       |                               |        |
 4201  | Architectural structures and  | 5.1    | Contractor - metallic structures 
       | structural works contractor   |        | and prefabricated concrete
       |                               |        |  elements 
_______|_______________________________|________|__________________________________
       |                               |        |
 4202  | Fireproof products contractor | 4.2    | Contractor - non-structural 
       |                               |        | masonry, marble and ceramics
_______|_______________________________|________|__________________________________
       |                               |        |
 4203  | Masonry contractor            | 4.1    | Contractor - masonry structures
_______|_______________________________|________|__________________________________
       |                               |        |
 4204  | Concrete finishing work       | 3.2    | Contractor - concrete forms and  
       | contractor                    |        | work concrete 
_______|_______________________________|________|__________________________________
       |                               |        |
 4205  | Marble, granito, ceramic and  | 4.2    | Contractor - non-structural 
       | terrazzo installation         |        | masonry, marble and ceramics
       | contractor                    |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4206  | Chalky surfaces contractor    | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and siding
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      |  Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4207  | Interior systems contractor   | 5.2    | Contractor - metallic structures
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4208  | Pool contractor               | 13.5   | Contractor - prefabricated or 
       |                               |        | special installations
_______|_______________________________|________|__________________________________
       |                               |        |
 4209  | Reinforcing steel contractor  | 3.2    | Contractor - small concrete works
_______|_______________________________|________|__________________________________
       |                               |        |
 4210.1| Carpentry contractor          | 5.2    | Contractor - metal fabrication
       |                               |________|__________________________________
       |                               |        |
       |                               | 6.1    | Contractor - wood structures
       |                               |________|__________________________________
       |                               |        |
       |                               | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and siding
       |                               |________|__________________________________
       |                               |        |
       |                               | 8      | Contractor - doors and windows
       |                               |________|__________________________________
       |                               |        |
       |                               | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______|_______________________________|________|__________________________________
       |                               |        |
 4210.2| Woodwork contractor           | 6.2    | Contractor - wood and plastic 
       |                               |        | work 
       |                               |________|__________________________________
       |                               |        |
       |                               | 8      | Contractor - doors and windows
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
       |                               |________|__________________________________
       |                               |        |
       |                               | 11.2   | Contractor - special equipment 
       |                               |        | and products
       |                               |________|__________________________________
       |                               |        |
       |                               | 12     | Contractor - manufactured 
       |                               |        | cabinets and counter tops
_______|_______________________________|________|__________________________________
       |                               |        |
 4211.1| Formwork contractor           | 3.1    | Contractor - concrete structures
_______|_______________________________|________|__________________________________
       |                               |        |
 4211.2| Course and foundation         | 3.1    | Contractor - concrete structures 
       |                               |        | wall formwork contractor 
       |                               |________|__________________________________
       |                               |        |  
       |                               | 3.2    | Contractor - small concrete works
_______|_______________________________|________|__________________________________
       |                               |        |
 4212  | Resilient coverings contractor| 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4213  | Flooring contractor           | 6.2    | Contractor - wood and plastic 
       |                               |        | work
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4220  | Ornamental iron contractor    | 5.2    | Contractor - metal fabrication
       |                               |________|__________________________________
       |                               |        |
       |                               | 8      | Contractor - doors and windows
       |                               |________|__________________________________
       |                               |        |
       |                               | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______|_______________________________|________|__________________________________
       |                               |        |
 4221  | Glaziery contractor           | 8      | Contractor - doors and windows
_______|_______________________________|________|__________________________________
       |                               |        |
 4223  | Boilermaker contractor        | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______|_______________________________|________|__________________________________
       |                               |        |
 4224  | Metal siding contractor       | 7      | Contractor - insulation,
       |                               |        | waterproofing, roofing and siding
       |                               |________|__________________________________
       |                               |        |
       |                               | 8      | Contractor - doors and windows
_______|_______________________________|________|__________________________________
       |                               |        |
 4225  | Tinsmithing contractor        | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and siding
_______|_______________________________|________|__________________________________
       |                               |        |
 4226.1| Roofing contractor            | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and siding
_______|_______________________________|________|__________________________________
       |                               |        |
 4226.2| Pitched roof contractor       | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and 
       |                               |        | siding
_______|_______________________________|________|__________________________________
       |                               |        |
 4227  | Welding contractor            | 5.2    | Contractor - metal fabrication
_______|_______________________________|________|__________________________________
       |                               |        |
 4230.1| Ventilation contractor        | 15.8   | Contractor - ventilation
_______|_______________________________|________|__________________________________
       |                               |        |
 4231  | Thermal insulation contractor | 7      | Contractor - insulation,
       |                               |        | waterproofing, roofing and siding
_______|_______________________________|________|__________________________________
       |                               |        |
 4232  | Insulation contractor         | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and siding
       |                               |________|__________________________________
       |                               |        |
       |                               | 13.5   | Contractor - prefabricated or 
       |                               |        | special installations
_______|_______________________________|________|__________________________________
       |                               |        |
 4233  | Soundproofing contractor      | 7      | Contractor - thermal insulation,  
       |                               |        | waterproofing, roofing and siding
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4234  | Refrigeration contractor      | 15.10  | Contractor - refrigeration
_______|_______________________________|________|__________________________________
       |                               |        |
 4235  | Propane gas burner systems    | 15.6   | Contractor - propane 
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4240.1| Buildings painting contractor | 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4240.2| Civil engineering works       | 9      | Contractor - interior finishing
       | painting contractor           |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4250.1| Intercommunication systems    | 17.2   | Contractor - intercommunications,
       | contractor                    |        | telephone and surveillance 
_______|_______________________________|________|__________________________________
       |                               |        |
 4250.2| Telephone systems contractor  | 17.2   | Contractor - intercommunications,
       |                               |        | telephone and surveillance
_______|_______________________________|________|__________________________________
       |                               |        |
 4250.3| Monitoring systems contractor | 17.2   | Contractor - intercommunications, 
       |                               |        | telephone and surveillance
_______|_______________________________|________|__________________________________
       |                               |        |
 4250.4| Instrumentation and control   | 17.1   | Contractor - instrumentation and 
       | systems contractor            |        | control systems 
_______|_______________________________|________|__________________________________
       |                               |        |
 4252.1| Anti-theft alarm systems      | 17.2   | Contractor - intercommunications,
       | contractor                    |        | telephone and surveillance 
_______|_______________________________|________|__________________________________
       |                               |        |
 4252.2| Fire alarm systems contractor | 13.2   | Contractor - fire alarm systems
_______|_______________________________|________|__________________________________
       |                               |        |
 4253.1| Fire protection systems       | 13.3   | Contractor - fire extinguishing
       | contractor                    |        | systems 
_______|_______________________________|________|__________________________________
       |                               |        |
 4253.2| Local fire protection systems | 13.4   | Contractor - local fire systems
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4270  | Transportation systems        | 1.10   | Contractor - mechanical lifts 
       | contractor                    |________|__________________________________
       |                               |        |
       |                               | 14.1   | Contractor - passenger and 
       |                               |        | freight elevators
       |                               |________|__________________________________
       |                               |        |
       |                               | 14.2   | Contractor - lifts for persons  
       |                               |        | with physical disabilities
       |                               |________|__________________________________
       |                               |        |
       |                               | 14.3   | Contractor - other types of
       |                               |        | elevators
_______|_______________________________|________|__________________________________
       |                               |        |
 4271  | Millwright contractor         | 8      | Contractor - doors and windows
       |                               |________|__________________________________
       |                               |        |
       |                               | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______|_______________________________|________|__________________________________
       |                               |        |
 4280  | Excavation and earthwork      | 2.2    | Contractor - non-drilled water 
       | contractor                    |        | collection structures 
       |                               |________|__________________________________
       |                               |        |
       |                               | 2.4    | Contractor - private sewerage 
       |                               |        | systems
       |                               |________|__________________________________
       |                               |        |
       |                               | 2.5    | Contractor - excavation and
       |                               |        | earthwork
_______|_______________________________|________|__________________________________
       |                               |        |
 4281.1| Paving and asphalting         | 2.7    | Contractor - sitework 
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4281.2| Interlocking paving stones    | 2.7    | Contractor - sitework 
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4283.1| Buildings demolition          | 2.7    | Contractor - sitework 
       | contractor                    |        | 
_______|_______________________________|________|__________________________________
       |                               |        |
 4283.2| Civil engineering works       | 2.7    | Contractor - sitework
       | demolition contractor         |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4283.3| Stripping contractor          | 2.7    | Contractor - sitework 
_______|_______________________________|________|__________________________________
       |                               |        |
 4284  | Electrical contractor         | 16     | Contractor - electrical
_______|_______________________________|________|__________________________________
       |                               |        |
4285.10| Warm air heating systems      | 15.1   | Contractor - warm air heating 
       | contractor                    |        | systems 
_______|_______________________________|________|__________________________________
       |                               |        |
4285.11| Natural gas burner systems    | 15.2   | Contractor - natural gas burners
       | contractor                    |        | 
_______|_______________________________|________|__________________________________
       |                               |        |
4285.12| Oil burner systems contractor | 15.3   | Contractor - oil burners
_______|_______________________________|________|__________________________________
       |                               |        |
4285.13| Hot water and steam heating   | 15.4   | Contractor - hot water and steam
       | systems contractor            |        | heating systems
_______|_______________________________|________|__________________________________
       |                               |        |
4285.14| Plumbing contractor           | 15.5   | Contractor - plumbing
_______|_______________________________|________|__________________________________
       |                               |        |
 4500  | Airtightness and              | 7      | Contractor - insulation, 
       | waterproofing contractor      |        | waterproofing, roofing and siding 
_______|_______________________________|________|__________________________________
       |                               |        |
 4501  | Line and grade contractor     | 2.7    | Contractor - sitework
_______|_______________________________|________|__________________________________
       |                               |        |
 4502  | Signal systems contractor     | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______|_______________________________|________|__________________________________
       |                               |        |
 4503  | Lightning protection          | 13.1   | Contractor - lightning protection 
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4504  | Blasting contractor           | 2.8    | Contractor - blasting
_______|_______________________________|________|__________________________________
       |                               |        |
 4505  | Flameproofing contractor      | 7      | Contractor - insulation, 
       |                               |        | waterproofing, roofing and siding
_______|_______________________________|________|__________________________________
       |                               |        |
 4506  | Chimneys, all types, repair   | 4.2    | Contractor - non-structural 
       | contractor                    |        | masonry, marble and ceramics 
       |                               |________|__________________________________
       |                               |        |
       |                               | 11.2   | Contractor - special equipment 
       |                               |        | and products 
_______|_______________________________|________|__________________________________
       |                               |        |
 4507  | Industrial piping contractor  | 11.1   | Contractor - pressurized 
       |                               |        | industrial or institutional 
       |                               |        | piping
_______|_______________________________|________|__________________________________
       |                               |        |
 4508  | Cutting and drilling          | 3.2    | Contractor - small concrete works
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4509  | Pneumatic control systems     | 17.1   | Contractor - instrumentation and 
       | contractor                    |        | control systems
_______|_______________________________|________|__________________________________
       |                               |        |
 4510  | Central systems contractor    | 11.2   | Contractor - special equipment 
       |                               |        | and products
_______|_______________________________|________|__________________________________
       |                               |        |
 4511  | Safety slides and fences      | 2.7    | Contractor - sitework 
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4513  | Solid fuel secondary heating  | 10     | Contractor - solid fuel local 
       | appliances installation       |        | heating systems 
       | contractor                    |        |
_______|_______________________________|________|__________________________________
       |                               |        |
 4514  | Documents conveyance          | 11.2   | Contractor - special equipment 
       | systems contractor            |        | and products 
_______|_______________________________|________|__________________________________
       |                               |        |
 4515  | Petroleum equipment           | 1.8    | Contractor - petroleum equipment
       | installation contractor       |        | installation 
_______|_______________________________|________|__________________________________
       |                               |        |
 4516  | Restoration contractor        | 4.2    | Contractor - non-structural
       |                               |        | masonry, marble and ceramics
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
_______|_______________________________|________|__________________________________
       |                               |        |
 4517  | Underground water pumping     | 2.3    | Contractor - underground water 
       | systems contractor            |        | pumping systems 
_______|_______________________________|________|__________________________________
       |                               |        |
 4518  | Well drilling contractor      | 2.1    | Contractor - drilled wells
_______|_______________________________|________|__________________________________
       |                               |        |
 4520  | Plumbing contractor in        | 15.5.1 | Contractor - plumbing for certain      
       | non-organized territories     |        | work not reserved exclusively for 
       |                               |        | master pipe- mechanics 
_______|_______________________________|________|__________________________________
       |                               |        |
 4521  | Synthetic resin work          | 6.2    | Contractor - wood and plastic 
       | contractor                    |        | work
       |                               |________|__________________________________
       |                               |        |
       |                               | 9      | Contractor - interior finishing
_______|_______________________________|________|___________________________________

O.C. 314-200, Sch. IV; O.C. 314-200, Sch. IV.

TRANSITIONAL

2018

(O.C. 724-2018) SECTION 9. The provisions of this Regulation apply to claims received by the Board before 1 October 2018.

Despite the foregoing, the provisions of Division V of Chapter II of the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9), as they read before 1 October 2018, continue to apply in the following cases:

(1) where the Board has received a claim that is not accompanied by a final judgment and has verified, before 1 October 2018 and in accordance with the first paragraph of section 41 of the Regulation respecting the professional qualification of contractors and owner-builders, whether the surety agrees to enter into an agreement or a transaction;

(2) where a claim file has been opened by the Board, in accordance with section 41 of the Regulation respecting the professional qualification of contractors and owner-builders, before 1 October 2018.

2016

(O.C. 703-2016) SECTION 10. Filing with the Régie du bâtiment du Québec the security provided for in section 27 of the Regulation respecting the professional qualification of contractors and owner-builders amended by section 1 of this Regulation terminates, for the future, the security provided in accordance with the former provisions of section 27, without the surety or contractor being required to give the 60-day written notice provided for in the second paragraph of section 36 of the Regulation.

REFERENCES

O.C. 314-2008, 2008 G.O. 2, 1115

O.C. 457-2010, 2010 G.O. 2, 1391

S.Q. 2010, c. 7, s. 282

O.C. 156-2014, 2014 G.O. 2, 580

S.Q. 2016, c. 7, s. 183

O.C. 703-2016, 2016 G.O. 2, 2968

O.C. 488-2017, 2017 G.O. 2, 1429

O.C. 724-2018, 2018 G.O. 2, 2501

S.Q. 2018, c. 23, s. 811

O.C. 514-2020, 2020 G.O. 2, 1664