The Province of Québec has specific laws and regulations that homeowners who wish to have work done on their homes should be aware of.

The licensing of building contractors in Québec is overseen by the Province's Building Act, and is administered by the Régie du bâtiment du Québec (RBQ). Under the Building Act, there is a category for owner-builder licenses .

Under the Civil Code in Québec, architects, engineers, contractors, subcontractors, suppliers of materials and labourers are protected by construction legal hypothecs that help secure moneys due for their services.

The Commission de la santé et de la sécurité de travail (CSST) administers the province's Act Respecting Industrial Accidents and Occupational Diseases and generally places the responsibility on the contractor, and not the homeowner, to ensure that all workers are properly registered to receive coverage.

Québec has a number of options in place to ensure consumer protection for homeowners who are not satisfied with the work done on their homes.

For a general list of Québec laws that may apply to your home construction, renovation or repair project, click HERE .

Régie du bâtiment du Québec

The Régie du bâtiment du Québec is a Provincial Crown corporation created under the authority of the Building Act, click HERE to read the Act. The RBQ's mandate includes ensuring acceptable quality of construction work and public safety with regards to building construction. Towards these ends, the RBQ is responsible for the administration of several laws, regulations and codes, including the Building Act, the Safety Code and the Building Code. They are also responsible for the creation and implementation of the professional qualification standards applicable to the licensing of contractors and for the administration of license testing.

Licensing of Contractors in Québec

The Building Act and related Regulations require that building contractors hold a license in order to provide services to the public for profit. Contractor licenses are divided into two categories: “general” and “specialized”. These two broad categories are then broken down into several subcategories.

•  The subcategories of general contractor's licenses limit the dwelling type(s) on which a general contractor can work. There are 23 different subcategories of general contractor's licenses. For a list of general contractor's licenses click HERE

•  The subcategories of “specialized” contractor's licenses relate to the type of work a contractor is licensed to perform. There are currently over 70 different specialized licenses representing a wide variety of work areas such as masonry, carpentry, flooring, electrical, etc. For a list of specialized contractor's licenses click HERE

Homeowners hiring a contractor should ask to see their license and note the license number, category and subcategory, and expiry date in order to ensure that the contractor is properly licensed for the work to be done.

To determine if a contractor is licensed, a homeowner can contact the nearest regional RBQ office or conduct an online search through the RBQ's website, click HERE.

Knowing if the contractor you have hired is licensed will not only help to ensure that a contractor possesses the requisite skills and knowledge, but can also provide some financial security should there be any problems. The RBQ requires that contractors be financially solvent and post a $10,000 security in order to obtain a license.

In addition, homeowners should be aware that the Building Act requires that all electrical and gas work be carried out by a duly licensed contractor.

If a contractor hires subcontractors, it is the hiring contractor's responsibility to ensure that those they hire possess the appropriate license(s) for the work to be done.

With only a few exceptions, a contractor is required to include their license number on any documentation they produce related to their licensed activities. This includes all advertising, tenders, contracts, vehicles and on the worksite.

Under the Building Act, click HERE to read the Act, there is an additional category for “owner-builders”. While the requirement for a license in this category applies to anyone who carries out, or has someone else carry out for him, any building work, there are several exceptions to this requirement; consequently, a majority of home renovations do not require an owner-builder license.

An owner-builder's license is not required in the following circumstances:

•  When the work is carried out by someone on a single family dwelling intended for personal use or the use of their family.

•  When a person has work carried out by a licensed general contractor whose main activity is the organization or coordination of work to be done by other people.

•  When the planned construction work involves only the renovation, repair or maintenance of the homeowner's property and the estimated cost of the work is less than $20,000.

•  When the work falls under only one subcategory of construction work and is carried out by a contractor who holds a specialized contractor's license in that area.

Despite these exceptions, homeowners should make sure they do not run afoul of regulations, as the Building Act considers it an offense to start construction work without an owner-builder's license where one is required.

Under the Civil Code in Québec, architects, engineers, contractors, subcontractors, suppliers of materials, and labourers are given certain privileges which secure moneys due in relation to the work done or materials supplied up to the value added to the building by said work, materials or services.

If any of these people are not paid in full for work done or materials supplied, they may invoke a construction legal hypothec, click HERE, against the property, the value of which has increased through their work or materials.

One must generally meet certain conditions to be able to invoke a construction legal hypothec. There is a general requirement that the person invoking the construction hypothec can only do so against the actual property on which the work was done. They must publish a legal hypothec notice within 30 days of the completion of the work, describe the relevant building and indicate the amount of the claim. The owner of said building must be informed of the notice. Furthermore, the creditor claiming an entitlement under a construction legal hypothec must file a legal action against the property owner within a period of six months or the construction legal hypothec is nullified.

Special rules exist for subcontractors and workers. For the former, a construction legal hypothec can be applied against the property only when the owner of the building had written notice of the existence of the subcontracts. When notice is received after the commencement of work, the amount of the construction legal hypothec is limited to the value of work, material or services rendered after the written notice of the contract.

If one fails to abide by this rule on written information, no construction legal hypothec can be placed against the property.

This requirement of notice does not apply to workers who are entitled to remuneration whether or not the owner was aware of their work.

A construction legal hypothec can be discharged by payment of the debt. If the debt is not satisfied, it could ultimately result in the property being sold under a court order so as to obtain payment.

In Québec, a homeowner is generally not responsible for ensuring that the contractors they hire to work on their home are covered by the province's Act Respecting Industrial Accidents and Occupational Diseases, click HERE to read the Act, administered by the CSST.

If a homeowner has work done by workers employed by a contractor, it is the responsibility of the contractor and not that of the homeowner to ensure that the workers are covered by the CSST. If the company has failed to do so, an injured worker will still be entitled to proper compensation through the CSST and the company will likely be fined for failure to register its workers.

Independent contractors or autonomous workers who sell their services directly to the public are responsible for properly registering with the CSST. If there is an accident resulting in the injury of an autonomous worker on the job and the worker has failed to properly register, the worker is not entitled to compensation and the homeowner is generally not liable.

In addition, the Building Act states that all contractors, whether general or specialized, and owner-builders are responsible for ensuring that the work they perform conforms to standards established by the Safety Code and the Building Code.

When Problems Occur: Remedies & Complaints

Under the Building Act, when a homeowner enters into a work contract with a contractor who does not hold the proper license, the homeowner may be entitled to apply for the cancellation of the contract.

When a homeowner believes that a contractor has not met their obligations and seeks to enter into the legal process, they should be aware that the law may require them to first issue a notice to the other party before they can proceed. This is known as a “notice of default”. Briefly stated, a notice of default is a formal legal document notifying the defaulting party that they are in breach of their obligations and orders them to fix the problem(s) within a reasonable period of time.

For more on the “notice of default” click HERE.

Homeowners can also register a complaint with the nearest regional office of the Régie du bâtiment du Québec. The Régie will consider the complaint when the contractor applies to renew their license.

Homeowners are encouraged to register a complaint even when their contractor does not hold the appropriate license.

The Guarantee Plan for New Residential Buildings

In early 1999, the Québec government introduced a mandatory new home warranty program requirement using the label ‘Guarantee Plan for New Residential Buildings'. This plan protects deposits of up to $30,000 and provides for compensation for relocation, the completion of work, the repair of defects and work poorly done and other problems occurring both during and after the construction of a new home.

As part of the ‘Guarantee Plan for New Residential Buildings', when problems occur related to a covered building project, the homeowner is required to notify the plan manager and attempt to resolve the problems in a special arbitration process.

For more information on what is covered, the eligibility requirements, the mediation process or the ‘Guarantee Plan for New Residential Buildings', see the information provided by the Régie du bâtiment du Québec HERE.