Part 3: Mutual recognition of the qualifications, skills and experience of construction contractors
3.1 Requirements for Ontario contractors to work in Quebec
An Ontario construction contractor must obtain a licence from the Régie du bâtiment du Québec (RBQ) before bidding on a contract in Quebec. The licence is issued upon successful completion of a series of examinations and confirms the contractor’s professional qualifications. It must be renewed annually. (Contractors in the electrical or pipe fitting trades-see sections 3.1.5 and 3.1.6.)
An Ontario contractor may obtain a licence from the RBQ without writing examinations to verify knowledge of construction project management, construction site safety management, and administrative management, if the contractor meets one of the following conditions:
- proves to the RBQ, with supporting documents, that he/she has been registered with the Tarion Warranty Corporation (formerly known as the Ontario New Home Warranty Program) for at least three years (3); or,
- establishes that he/she has been registered as a construction contractor with the Companies and Personal Property Security Branch of the Ministry of Government Services (MGS) as a corporation for at least five years (5); or,
- establishes that the name of the construction company, whether a partnership, limited partnership, or a sole proprietorship, has been registered with the Companies and Personal Property Security Branch of the MGS for at least five years (5).
Ontario contractors who do not meet any of the conditions set out in section 3.1.2 must comply with all regulatory requirements governing the issuance of licences in Quebec. However, these Ontario contractors may be eligible for partial or complete exemption from the contractor exams described in section 3.1.1 if they meet other equivalency provisions specified by the RBQ.
Ontario contractors who meet the conditions for RBQ registration must also comply with the other provisions of Quebec’s Regulation respecting the professional qualifications of building contractors and owner-builders (B-1.1, r.1) to obtain a licence in Quebec.
Ontario contractors who specialize in electrical work must be members of the Corporation of Master Electricians of Quebec (Corporation des maîtres électriciens du Québec [CMEQ]). For these contractors, the CMEQ assumes all roles and responsibilities otherwise carried out by the RBQ in this agreement.
Ontario contractors who specialize in plumbing, heating, heating systems, natural gas burner systems or oil burner systems, must be members of the Corporation of Master Pipe Mechanics of Quebec (Corporation des maîtres mécaniciens en tuyauterie du Québec [CMMTQ]). For these contractors, the CMMTQ assumes all roles and responsibilities otherwise carried out by the RBQ in this agreement.
3.2 Requirements for Quebec contractors to work in Ontario
Quebec contractors must comply with all regulatory requirements affecting the construction industry in Ontario, including registration with MGS and with the Workplace Safety and Insurance Board (WSIB). Residential construction contractors must also register with the Tarion Warranty Corporation.
Quebec contractors without a permanent place of business in Ontario must register with the Ontario Retail Sales Tax Branch of the Ministry of Finance (MOF) and post a guarantee of payment of retail sales tax equal to 4% of each construction contract awarded in Ontario.
Quebec contractors who wish to conduct business in Ontario in any of the following types of work must register with the TSSA:
- Gasoline handling contractors
- Elevator contractors (installation/alteration/maintenance of elevating devices)
- Energy contractors
- Equipment installation (requiring welding or piping systems or other pressure equipment).
Quebec contractors carrying out electrical work in Ontario must register with the Electrical Safety Authority (ESA)