The state of health emergency decreed by the Quebec government has had numerous consequences for businesses, but also for government agencies, including the Régie du bâtiment du Québec(RBQ). The latter has announced that it is currently centralizing its efforts and manpower on essential services, as indicated in the decree issued on March 24, 2020. What about items related to an RBQ license?
Competence tests
Exams scheduled between March 17 and May 8, 2020 have been postponed indefinitely. The RBQ has also indicated that exams taken after March 5, 2020 have still not been corrected. This situation will result in additional processing delays in the allocation of competencies to a sponsor or in the processing of a license application.
License application
The RBQ has not processed any new license applications received since March 20, 2020. The processing of license applications will resume as soon as the authorities have implemented preventive measures.
Unemployed respondent
A company may have made the difficult decision to temporarily lay off its staff in order to ensure the company’s financial health. If the laid-off employees include one or more of the guarantors required to maintain the company’s RBQ license, the RBQ confirms that the work can continue. The company will have 90 days to replace or rehire the guarantor without this temporary layoff affecting its operations.
License renewal
Notwithstanding current circumstances, all companies will be required to pay the license maintenance fee on the due date. These fees can be paid via the online service. The Building Act expressly provides that any license not renewed on its due date will be cancelled.
That said, the RBQ seems open to not penalizing contractors who have been unable to pay the annual fee after taking diligent steps to do so. It will be up to the contractor to demonstrate this.
Site inspection
The RBQ will still carry out site inspections in the event of an emergency and/or if public safety is compromised.
In the event that a contractor is or becomes subject to a notice of correction requiring him to carry out corrective measures on site following an inspection, the prescribed time limits will be waived until further notice.
Site closures
The RBQ does not have the regulatory power to authorize the opening of construction sites, even if a contractor considers his project to be urgent or essential. Only the Quebec government can currently issue such authorizations. In the meantime, it’s up to general contractors to ensure the safe closure of their worksites.
Hearings and decisions
The RBQ Board of Regents hearings scheduled to take place until May1, 2020 have been postponed. When the hearings resume, the RBQ will send out new notices of convocation. In the meantime, it is possible to trace a contractor affected by a decision rendered by the RBQ or by a pending claim, by consulting the register available on the RBQ website.
To find out more about RBQ licenses or licensed contractors, visit the Régie du bâtiment website. If you have a legal issue with a contractor, or questions about the current situation, don’t hesitate to contact one of our expert lawyers.
