Treadstone Associates
Article · 9 min read

Licences and permits when the company sells

This hub has already established that construction regulators don’t speak with one voice — a compulsory trade in Nova Scotia is voluntary in Ontario, and a licence issued to a person is a different thing from one issued to a company. That patchwork matters most at exactly the moment a business changes hands, because a licence question at sale time isn’t one question. It’s as many questions as there are regulators touching the business.

Treadstone Associates · Updated 2026

Key takeaways

  • • Buyers routinely assume a running business’s licences are automatically in order and will “come with” the deal — an assumption treadstonelaw.ca calls out as one that “often proves costly.”
  • • A share purchase generally has the advantage: the licensed corporate entity doesn’t change, so the licence can continue — though some regulators still require notice. An asset purchase more often needs a fresh application.
  • • Ontario’s Electrical Safety Authority licence is held by the business — a 7-digit ECRA/ESA number — while a Master Electrician holds a separate personal licence; neither substitutes for the other.
  • • HCRA, the regulator for new-home builders and vendors, publishes nothing on what happens to a builder/vendor licence when the licensed company is sold — confirmed by direct check of its own FAQ and licensing pages.

The default assumption that gets buyers in trouble

Too many buyers assume that if the business is running today, its licences must be in order and will simply “come with” the deal — a Toronto-focused article, but the underlying pattern is national. The actual checklist has three parts: build a complete inventory of every municipal, provincial and federal requirement the business operates under; confirm none of them is expired, suspended or under active investigation; and, critically, determine whether the regulator allows the licence to transfer, requires a fresh application, or treats it as personal to the seller and therefore non-transferable no matter how the deal is structured.

Share sale or asset sale changes the answer

Deal structure is the first fork in the road. In a share purchase, the corporate entity that holds the licence doesn’t change hands — only its shareholders do — so the licence can continue without a fresh application. That isn’t a guarantee: some regulators still require notice of a change in ownership, directors or officers, and a licence tied to a specific named individual within the corporation won’t survive that person’s departure regardless of the share structure. An asset purchase is the harder path: because the buyer is legally a different entity, licences generally have to be formally transferred or reapplied for, which can create a real operational gap between closing and re-licensing if it isn’t planned for in advance.

A business licence and a personal licence are not the same thing

Ontario’s electrical trade makes the distinction concrete. Licensed Electrical Contractors are the only businesses in Ontario legally authorized to do electrical work for hire, identified by a 7-digit ECRA/ESA licence number that has to appear on the company’s vehicles, business cards and estimates — that licence sits with the corporate entity. A Master Electrician is a different credential entirely: they’re licensed to manage and supervise the work of a Licensed Electrical Contracting Business, but their personal licence “is not the same as an ECRA/ESA licence, so they cannot be hired directly.” A share sale that keeps the same corporate entity keeps the ECRA/ESA number intact — but if the Master Electrician who has been managing the work is the departing owner, the incoming owner still needs a qualified person holding that personal credential in place before electrical work for hire can legally continue.

Worked example — the entity survives, the person doesn’t

A buyer acquires 100% of the shares of a licensed electrical contracting company. Because it’s a share purchase, the corporation — and its ECRA/ESA licence — carries on unchanged in the eyes of the regulator; no new business licence application is triggered.

The seller, however, was also the company’s Master Electrician, and stays on for a 90-day transition before leaving entirely. Unless a currently licensed Master Electrician is in place before that transition ends, the company holds a valid business licence with nobody qualified to supervise the work it’s licensed to do — a gap the purchase agreement should close with a named transition plan, not an assumption that “someone will sort it out.”

New-home licensing has no published continuity rule — say so, don’t guess

For a builder or vendor of new homes, Ontario’s Home Construction Regulatory Authority licenses by role — builder, vendor (seller), or builder/vendor, depending on what the company actually does. What HCRA does not publish, on either its licensing pages or its own FAQ, is what happens to that licence when the licensed company is sold or restructured. That was checked directly rather than assumed: neither HCRA’s “Do I need a licence” page nor its public licensing FAQ addresses ownership changes, transfer procedures or a notification duty. Treat that as a genuine gap rather than an oversight in research: confirm the current requirement directly with HCRA before closing rather than relying on precedent from another regulator.

Individual trade certification doesn’t transfer at all

Compulsory-trade certification sits with the person, not the business, which creates a distinct risk from either type of licence above. Ontario currently has 23 compulsory trades — Skilled Trades Ontario names plumber, electrician, steamfitter and hairstylist as examples — and a Certificate of Qualification belongs to the individual journeyperson, full stop. If a compulsory-trade business is being sold and the owner is also its only certified journeyperson, a buyer can end up owning a properly licensed corporate shell with nobody legally entitled to perform the compulsory trade work it does. That’s a staffing and retention question that has to be answered before closing, not a licensing paperwork item to clean up afterward.

Municipal licences are a third, separate layer

Provincial and trade-body licensing isn’t the whole picture. Many municipalities license contractors independently — for things like sign installation, excavation in the public right-of-way, or general business operating licences — on their own registers, with their own renewal cycles and their own answer to the transfer question. None of that is captured by confirming a provincial regulator’s position, and a buyer who checks only the trade-specific licence can still walk into a municipal compliance gap on day one. The inventory step from the opening section has to include the municipalities the business actually operates in, not just the province it’s registered in.

Related reading: diligence when buying a contracting firm and what a construction business is worth and a management buyout of a contractor.

Common questions

Do business licences automatically transfer when a construction company is sold?

No. Whether a licence continues depends on the regulator and the deal structure — a share purchase often lets the licence continue because the corporate entity doesn’t change, while an asset purchase more often requires a fresh application or formal transfer.

Is Ontario’s electrical contractor licence held by the business or the electrician?

The ECRA/ESA licence is held by the business — the Licensed Electrical Contracting Business itself. A Master Electrician holds a separate personal licence to manage and supervise that work, and cannot be hired directly under their personal credential alone.

What happens to an HCRA builder/vendor licence when the company is sold?

HCRA does not publish a continuity rule for this on its licensing or FAQ pages. Confirm directly with HCRA before closing rather than assuming the licence carries over, especially in an asset purchase.

Does a tradesperson’s Certificate of Qualification transfer with a business sale?

No. Certification belongs to the individual, not the company. If the owner being bought out is also the only certified journeyperson in a compulsory trade, the buyer needs a plan for who does that licensed work after closing.

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