Does a landscaping contractor in Quebec need to be licensed?

In Quebec, landscaping contractors are not required to hold an RBQ (Régie du bâtiment du Québec) license for horticultural work such as lawn care, planting trees and shrubs, or installing flower beds. However, if landscaping work involves construction elements such as retaining walls exceeding certain heights, drainage systems, irrigation installations, lighting, or any work that affects the structural integrity of the property, an RBQ license may be required under the Building Act (Loi sur le bâtiment, L.R.Q., c. B-1.1). Professional landscaping contractors are encouraged to be members of Paysagistes professionnels du Québec (APQ) and may hold landscaping-related certifications. Always verify whether the specific work requires an RBQ license before signing the contract.

What warranty does Quebec law provide for landscaping work?

Under article 2120 of the Code civil du Québec, a contractor (including a landscaping contractor) is liable for defects in the work produced or transformed during a reasonable period following completion. This is generally interpreted as a one-year warranty on workmanship. Additionally, article 2118 CCQ provides a 5-year warranty against loss of the work for major construction elements if loss results from a defect in design, construction, or the ground. For landscaping specifically, plant guarantees are contractual (not statutory) and typically range from one growing season to one year, conditional on proper maintenance by the client.

Can I cancel a landscaping contract in Quebec after signing?

Yes. Under article 2125 CCQ, the client (donneur d'ouvrage) may unilaterally terminate any contract of enterprise at any time, even if the work has already begun. However, the client must compensate the landscaping contractor for work already performed, materials purchased or specially ordered that cannot be returned, expenses incurred, and the reasonable profit the contractor would have earned on the remaining work. The right of unilateral termination under article 2125 CCQ is a fundamental feature of Quebec law that cannot be excluded by contract. It is advisable to communicate the termination in writing and to document the work completed to date.

What happens if my landscaping contractor damages my property or a neighbor's property?

Under article 2100 CCQ, the landscaping contractor is responsible for damages caused by their fault or the fault of their subcontractors and employees during the execution of the work. If the contractor damages the client's property (existing gardens, structures, lawn), the contractor must compensate for the actual damage. If the contractor's work causes damage to a neighboring property (soil runoff, falling trees, equipment damage), both the contractor and potentially the client may be held liable under the rules of civil liability (articles 1457-1481 CCQ). A robust liability insurance policy held by the contractor is essential to cover these risks.

Do landscaping services in Quebec attract GST and QST?

Yes. Landscaping services, including both construction work (installation of gardens, retaining walls, irrigation systems) and maintenance services (lawn mowing, pruning, fertilization), are taxable supplies under the federal Excise Tax Act and the Act respecting the Québec sales tax. Landscaping contractors with annual taxable revenues exceeding $30,000 must register for and collect both the federal GST (TPS at 5%) and the Quebec Sales Tax (QST/TVQ at 9.975%). The contract should clearly state whether the quoted price includes or excludes applicable taxes. Clients should request their contractor's GST/QST registration numbers and verify their registration status.

What should a landscaping contract include about underground utilities?

A Quebec landscaping contract should address underground utilities because landscaping work frequently involves excavation, digging, and grading. Before any digging or excavation work begins, the contractor is legally required to contact Info-Excavation (1-800-663-9228), the Quebec service that locates underground utilities (gas, electricity, telecommunications, water, sewer). The contract should specify that the client is responsible for disclosing the location of any private underground systems (sprinkler systems, septic tanks, buried drainage) and that the contractor will contact Info-Excavation before all excavation work. Failure to locate utilities before digging can result in serious accidents, infrastructure damage, and significant liability.

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Landscaping Contract (Quebec)

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Create a professional Quebec Landscaping Contract (Contrat d'aménagement paysager) governed by articles 2098 to 2129 of the Code civil du Québec. This comprehensive agreement covers landscaping construction and seasonal maintenance, specifying the property address, detailed work description, plants and materials, timeline with working hours, fixed or cost-plus pricing, payment schedule with holdback, plant and workmanship warranties per CCQ article 2120, and optional ongoing maintenance services. Includes mandatory CCQ provisions: good faith (art. 1375), client unilateral termination rights (art. 2125), and contractor liability (art. 2100). Bill 96 compliant. Download as PDF or Word.

What Is a Landscaping Contract (Quebec)?

A Quebec Landscaping Contract (Contrat d'aménagement paysager) is a legally binding agreement between a client and a landscaping contractor (entrepreneur paysagiste), governed by articles 2098 to 2129 of the Code civil du Québec (CCQ) as a contract of enterprise (contrat d'entreprise). Under article 2098 CCQ, the landscaping contractor undertakes to carry out physical work — the design, installation, and maintenance of outdoor spaces — for the client in exchange for a price that the client binds themselves to pay. This document provides the complete legal framework for professional landscaping engagements, whether involving a one-time landscaping construction project (installation of gardens, retaining walls, patios, irrigation systems, and outdoor lighting) or an ongoing seasonal maintenance agreement (lawn mowing, pruning, fertilization, snow removal, and spring and fall cleanups). Unlike an employment contract governed by articles 2085-2097 CCQ, the landscaping contract does not create a subordination relationship between the client and the contractor. The contractor retains independence in choosing the means and methods of execution per article 2099 CCQ, making them responsible for their own tax obligations and CNESST contributions for their employees. The agreement incorporates Quebec's mandatory civil law protections, including the good faith obligation under article 1375 CCQ, the contractor's liability for defective work under article 2100 CCQ, the workmanship warranty under article 2120 CCQ, the 5-year structural warranty under article 2118 CCQ for relevant construction elements, and the client's unilateral right of termination under article 2125 CCQ.

When Do You Need a Landscaping Contract (Quebec)?

A Quebec Landscaping Contract is essential whenever a property owner hires a professional landscaping company or contractor to design, install, or maintain outdoor spaces. Residential landscaping projects that require a formal contract include the design and installation of new front or backyard gardens, including soil preparation, planting of trees, shrubs, perennials, and annuals. Hardscaping projects such as the installation of retaining walls, interlock stone patios, pathways, steps, and driveways require detailed contracts specifying materials, installation methods, and structural warranties. Lawn installation or replacement projects, including sod laying or lawn seeding, need contracts that specify the quality of materials and post-installation care instructions. Irrigation system installation contracts must address the system's design, components, installation warranty, and winterization procedures. Seasonal maintenance agreements covering lawn mowing, edging, fertilization, weed control, pruning, mulching, and fall cleanup require ongoing service contracts that define the scope, frequency, and pricing of recurring services. Commercial property owners, condominium corporations, municipalities, and institutional clients routinely use landscaping contracts for the maintenance of large outdoor spaces. Post-construction cleanup and grading contracts are needed when builders and developers engage landscaping contractors to restore grounds following construction work. Emergency tree removal services following storm damage require contracts that address urgency, pricing, and debris removal. In all these situations, a written landscaping contract protects both the client's investment and the contractor's right to payment.

What to Include in Your Landscaping Contract (Quebec)

The key elements of a Quebec Landscaping Contract include complete identification of both parties with their legal names, addresses, contact information, and the contractor's Quebec Enterprise Number (NEQ). The property where work will be performed must be precisely identified with its complete address and property type. A detailed description of the landscaping work to be performed is essential, including the type of engagement (construction project, seasonal maintenance, or both), specific tasks, plants, and materials to be used, and who supplies the materials. The timeline must specify the planned start and completion dates, working days and hours, and any penalty for unjustified delays. The price and payment terms require clear specification of the pricing type (fixed price, cost-plus, or seasonal flat rate), total amount before taxes (TPS 5% and TVQ 9.975%), down payment at signing, detailed payment schedule tied to project milestones, and any holdback provisions. Warranty terms must address the plant guarantee (typically one growing season to one year, conditional on proper maintenance), the workmanship warranty per article 2120 CCQ, and warranty conditions. If the contract includes seasonal maintenance services, those must be described in detail with their own pricing. The contractor's liability insurance details should be included, along with the notice period for termination by either party. A good faith clause per article 1375 CCQ and a governing law clause referencing CCQ articles 2098-2129 complete the essential provisions. Additional provisions addressing underground utility location responsibilities, change order procedures, force majeure, and dispute resolution round out a comprehensive landscaping contract.

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