To act as an independent contractor in the construction industry, a company must not have employees. The work must be done by an individual (sole proprietorship), or by the designated representative in the case of a corporation or partnership.
The company must also:
- Hold a licence from the Régie du bâtiment du Québec (RBQ) in a specialized contractor subcategory;
- Declare the hours worked as an independent contractor in the monthly report;
- Do exclusively maintenance, repair, and minor renovation work. This work must not be executed for a Professional employer*
Only one independent contractor at a time is allowed on a site for maintenance, repairs, and minor renovation.
If it holds an RBQ licence in the excavation and earthworks subcategory, it may perform all types of construction work.
* A professional employer is an employer whose main activity is to perform construction work and who usually hires employees for a type of work that falls under a collective agreement.