Who Can Install a Water Heater?

An exclusive collaboration between Hydro-Québec and the RGCQ

By Véronique Martel

In Québec, the installation, repair or replacement of a water heater in a co-ownership must be entrusted to a plumbing contractor holding the required licences. This requirement is intended to protect occupants, the building and its insurability.

Not just anyone...

Legal requirements and required licence

The company hired must be a member in good standing of the CMMTQ and hold a licence from the Régie du bâtiment du Québec (RBQ), including subclass 15.5 – Plumbing Contractor. The work must be carried out by individuals authorized to act on behalf of that contractor.

Employees, journeypersons or apprentices performing the work on site do not themselves have to be members of the CMMTQ. However, they must be legally authorized to practise their trade, for example by holding the required competency certificates when subject to the construction industry regime, and must work for the licensed contractor.

A co-owner who performs this work themselves could face substantial fines from the RBQ for carrying out plumbing work without a licence, as well as, in some cases, penalties imposed by the syndicate. In addition, the insurability of their unit could be called into question in the event of water damage.

The role of the syndicate

When the water heater is part of a private portion or a common portion for restricted use (CPRU), the respective responsibilities of the syndicate and the co-owner must be verified in the declaration of co-ownership. Referring to the declaration is essential.

The syndicate is responsible for the preservation and maintenance of the building, and the Building Act considers it an owner for the purposes of the responsibilities assigned to it under the Civil Code of Québec.

• When the water heater is part of a private portion, the syndicate may require proof and regulate the work through its by-laws. Under most declarations of co-ownership, the co-owner must obtain the syndicate’s approval or notify it before proceeding with the replacement. This also gives the syndicate an opportunity to assist the co-owner with the necessary verification steps.
• When the water heater constitutes a CPRU, the syndicate is generally responsible for the work, subject to the declaration of co-ownership. It must follow best practices.

As a precaution, the syndicate may require the contractor’s RBQ licence number and CMMTQ membership number before the work begins, and verify this information before granting access to the site.

And not just any way!

In addition to verifying certifications and licences, the syndicate may carry out other checks related to the building’s risk management.

• The company hired to perform the work must be able to provide proof of sufficient liability insurance, based on the building’s risks and the requirements of the co-ownership’s insurer.
• Once the work has been completed, the syndicate will generally request a copy of the detailed invoice, proof of licensing, a certificate or another document confirming the work performed, in order to update the building’s water heater registry.

One final step should not be overlooked: informing the co-ownership’s insurer and, where applicable, the insurer of the unit in which the water heater is located.

Plan ahead to prevent problems

The useful life of an electric water heater in Québec is generally estimated at ten years. For co-ownerships, implementing a systematic replacement program is strongly recommended to help prevent losses. In fact, several insurers require or recognize preventive replacement programs and installation by certified CMMTQ members.

An improperly installed water heater can lead to major water damage, difficulties with insurers, and claims against the co-owner or the syndicate. Ensuring that the work is entrusted to a qualified company is therefore a simple risk-management measure that helps protect the property.

Links worth bookmarking!

RGCQ Water Heater Registry: An Excel tool for recording and documenting water heater installations and replacements within the co-ownership. Available exclusively to RGCQ members.

Tool Kit

The Régie du bâtiment du Québec’s register of licensed contractors:

Check a contractor’s licence

The CMMTQ Member Directory [in French only]:

CMMTQ Member Directory