T-15.01 - Act respecting the Administrative Housing Tribunal

Updated to 13 June 2002

This document has official status.

chapter R-8.1

Act respecting the Régie du logement

TITLE I THE RÉGIE DU LOGEMENT

CHAPTER I APPLICATION

1. This Title applies to a dwelling leased or offered for lease, a dwelling that has become vacant after being leased or premises considered as a dwelling in article 1892 of the Civil Code.

1979, c. 48, s. 1; 1999, c. 40, s. 247.

2. (Repealed).

1979, c. 48, s. 2; 1999, c. 40, s. 247.

3. This Act is binding on the Government, Government departments and agencies, and mandataries of the State.

1979, c. 48, s. 3; 1999, c. 40, s. 247.

CHAPTER II ESTABLISHMENT AND FUNCTIONS OF THE RÉGIE

4. A body, hereinafter called “the board”, is established under the name of “Régie du logement”.

1979, c. 48, s. 4.

5. The board shall exercise the jurisdiction conferred on it by this Act and decide the applications that are submitted to it.

The board is also responsible for

(1)  informing lessors and lessees on their rights and obligations resulting from the lease of a dwelling and on any matter contemplated in this Act;

(2)  promoting conciliation between lessors and lessees;

(3)  conducting studies and compiling statistics on the housing situation;

(4)  publishing, from time to time, a compendium of the decisions rendered by the commissioners.

1979, c. 48, s. 5.

DIVISION I APPOINTMENT OF COMMISSIONERS

1997, c. 43, s. 602.

6. The board is composed of commissioners appointed by the Government in the number determined by the Government.

In places where the Government considers it necessary because of the distance and where the number of applications does not appear to justify the appointment of a full-time commissioner, the Government may appoint a part-time commissioner.

1979, c. 48, s. 6; 1981, c. 32, s. 1; 1997, c. 43, s. 602.

DIVISION II RECRUITING AND SELECTION OF COMMISSIONERS

1997, c. 43, s. 603.

7. Only a person who has at least 10 years’ experience pertinent to the exercise of the functions of the board may be appointed to the board as a commissioner.

1979, c. 48, s. 7; 1997, c. 43, s. 603.

7.1. Commissioners shall be selected among persons declared apt according to the recruiting and selection procedure established by government regulation. The regulation may, in particular,

(1)  determine the publicity that must be given to the recruiting procedure and the content of such publicity;

(2)  determine the procedure by which a person may become a candidate;

(3)  authorize the establishment of selection committees to assess the aptitude of candidates and formulate an opinion concerning them;

(4)  fix the composition of the committees and mode of appointment of committee members, ensuring adequate representation of the population and the legal community or either of them;

(5)  determine the selection criteria to be taken into account by the committees;

(6)  determine the information a committee may require from a candidate and the consultations it may hold.

1997, c. 43, s. 603.

7.2. The names of the persons declared apt shall be recorded in a register kept at the Ministère du Conseil exécutif.

A declaration of aptitude shall be valid for a period of 18 months or for such period as is determined by government regulation.

1997, c. 43, s. 603.

7.3. Members of a selection committee shall receive no remuneration except in such cases, subject to such conditions and to such extent as may be determined by the Government.

They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, subject to the conditions and to the extent determined by the Government.

1997, c. 43, s. 603.

DIVISION III TERM OF OFFICE AND RENEWAL

1997, c. 43, s. 603.

7.4. The term of office of a commissioner is five years, subject to the exceptions that follow.

1997, c. 43, s. 603.

7.5. The Government may determine a shorter term of office of a fixed duration in the instrument of appointment where the candidate so requests for a valid reason or where required by special circumstances stated in the instrument of appointment.

1997, c. 43, s. 603.

7.6. The term of office of a commissioner shall be renewed for five years, according to the procedure established under section 7.7,

(1)  unless the commissioner is notified otherwise at least three months before the expiry of the term by the agent authorized therefor by the Government; or

(2)  unless the commissioner requests otherwise and so notifies the Minister at least three months before the expiry of the term.

A variation of the term of office is valid only for a fixed period of less than five years determined in the instrument of renewal and, except where requested by the commissioner for a valid reason, only where required by special circumstances stated in the instrument of renewal.

1997, c. 43, s. 603; 2002, c. 22, s. 36.

7.7. The renewal of a term of office shall be examined according to the procedure established by government regulation. The regulation may, in particular,

(1)  authorize the establishment of committees;

(2)  fix the composition of the committees and the mode of appointment of committee members, who shall neither belong to nor represent the Administration within the meaning of the Public Administration Act (chapter A-6.01);

(3)  determine the criteria to be taken into account by the committees;

(4)  determine the information a committee may require from the commissioner and the consultations it may hold.

An examination committee may not make a recommendation against the renewal of a commissioner’s term of office without first having informed the commissioner of its intention to make such a recommendation and of the reasons therefor and without having given the commissioner the opportunity to present observations.

No judicial proceedings may be brought against members of an examination committee for any act done in good faith in the performance of their duties.

1997, c. 43, s. 603; 2002, c. 22, s. 36.

7.8. Members of an examination committee shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government.

They are, however, entitled to the reimbursement of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1997, c. 43, s. 603.

DIVISION IV PREMATURE TERMINATION OF TERM OF OFFICE AND SUSPENSION

1997, c. 43, s. 603.

7.9. The term of office of a commissioner may terminate prematurely only on his retirement or resignation, or on his being dismissed or otherwise removed from office in the circumstances referred to in this division.

1997, c. 43, s. 603.

7.10. To resign, a commissioner must give the Minister reasonable notice in writing, sending a copy to the chairman of the board.

1997, c. 43, s. 603.

7.11. The Government may dismiss a commissioner if the Conseil de la justice administrative, instituted by the Act respecting administrative justice (chapter J-3), so recommends, after an inquiry conducted following the lodging of a complaint pursuant to section 8.2 of this Act.

The Government may also suspend the commissioner with or without remuneration for the period recommended by the Conseil.

1997, c. 43, s. 603.

7.12. The Government may also remove a commissioner from office because of permanent disability which, in the opinion of the Government, prevents the commissioner from performing the duties of his office satisfactorily; permanent disability is ascertained by the Conseil de la justice administrative, after an inquiry conducted at the request of the Minister or of the chairman of the board.

The Conseil shall act in accordance with the provisions of sections 193 to 197 of the Act respecting administrative justice (chapter J-3), adapted as required; however, the formation of an inquiry committee is subject to the rules set out in section 8.4.

1997, c. 43, s. 603.

DIVISION V OTHER PROVISIONS REGARDING TERMINATION OF DUTIES

1997, c. 43, s. 603.

7.13. Any commissioner may, with the authorization of and for the time determined by the chairman of the board, continue to perform his duties after the expiry of his term of office in order to conclude the cases he has begun to hear but has yet to determine; he shall be a supernumerary commissioner for the time required.

The first paragraph does not apply to a commissioner who has been dismissed or otherwise removed from office.

1997, c. 43, s. 603.

DIVISION VI REMUNERATION AND OTHER CONDITIONS OF OFFICE

1997, c. 43, s. 603.

7.14. The Government shall make regulations determining

(1)  the mode of remuneration of the commissioners and the applicable standards and scales, and the method for determining the annual percentage of salary advancement up to the maximum salary rate and of the adjustment of the remuneration of commissioners whose salary has reached the maximum rate;

(2)  the conditions subject to which and the extent to which a commissioner may be reimbursed the expenses incurred in the performance of his duties.

The Government may make regulations determining other conditions of office applicable to all or certain commissioners, including social benefits other than the pension plan.

The regulatory provisions may vary according to whether they apply to full-time or part-time commissioners or to a commissioner charged with an administrative office within the board.

The regulations come into force on the fifteenth day following the date of their publication in the Gazette officielle du Québec or on any later date indicated therein.

1997, c. 43, s. 603; 2002, c. 22, s. 37.

7.15. The Government shall fix, in accordance with the regulations, the remuneration, social benefits and other conditions of office of the commissioners.

1997, c. 43, s. 603.

7.16. Once fixed, a commissioner’s remuneration may not be reduced.

However, additional remuneration attaching to an administrative office within the board shall cease upon termination of such office.

1997, c. 43, s. 603.

7.17. The pension plan of full-time commissioners shall be determined pursuant to the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1997, c. 43, s. 603.

7.18. A public servant appointed as a commissioner of the board ceases to be subject to the Public Service Act (chapter F-3.1.1) for all matters concerning such office; for the duration of his term of office, he is on full leave without pay for the purpose of performing his duties of office.

1997, c. 43, s. 603.

DIVISION VII ETHICS

1997, c. 43, s. 604.

8. The Government may determine, by regulation, a code of ethics applicable to commissioners.

1979, c. 48, s. 8.

8.1. The code of ethics shall set out the rules of conduct and the duties of the commissioners towards the public, the parties, their witnesses and the persons who represent them. It shall indicate, in particular, conduct that is derogatory to the honour, dignity or integrity of the commissioners. In addition, the code of ethics may determine activities or situations that are incompatible with their office, their obligations concerning disclosure of interest, and the duties they may perform gratuitously.

The code of ethics may provide special rules applicable to part-time commissioners.

1997, c. 43, s. 605.

8.2. Any person may lodge a complaint with the Conseil de la justice administrative against a commissioner of the board for breach of the code of ethics, of a duty under this Act or of the prescriptions governing conflicts of interest and incompatible functions.

1997, c. 43, s. 605.

8.3. A complaint must be in writing and must briefly state the reasons on which it is based.

It shall be transmitted to the seat of the Conseil.

1997, c. 43, s. 605.

8.4. The Conseil, when examining a complaint against a commissioner, shall act in accordance with sections 184 to 192 of the Act respecting administrative justice (chapter J-3), adapted as required.

However, where the Conseil, for the purposes of section 186 of the said Act, forms an inquiry committee, two members of the committee shall be chosen from among the members of the Conseil referred to in paragraphs 1 to 6 and 9 of section 167 of that Act, at least one of whom shall neither practise a legal profession nor be a member of a body of the Administration whose president or chairman is a member of the Conseil. The third member of the inquiry committee shall be the member of the Conseil referred to in paragraph 8 of that section or shall be chosen from a list drawn up by the chairman of the board, after consulting all the commissioners of the board. In the latter case if the inquiry committee finds the complaint to be justified, the third member shall take part in the deliberations of the Conseil for the purpose of determining a penalty.

1997, c. 43, s. 605; 2002, c. 22, s. 38.

DIVISION VIII ADMINISTRATIVE OFFICE

1997, c. 43, s. 606.

9. (Replaced).

1979, c. 48, s. 9; 1997, c. 43, s. 606.

9.1. The Government shall designate, among the commissioners of the board, a chairman and two vice-chairmen.

1997, c. 43, s. 606.

9.2. The chairman and vice-chairmen shall exercise their duties on a full-time basis.

1997, c. 43, s. 606.

9.3. The administrative office of the chairman or a vice-chairman is of a fixed duration determined in the instrument of appointment or renewal.

1997, c. 43, s. 606.

9.4. The administrative office of the chairman or a vice-chairman may terminate prematurely only on the commissioner’s relinquishing such office, on the premature termination or non-renewal of his term of office as a commissioner, or on his removal or dismissal from his administrative office in the circumstances referred to in this division.

1997, c. 43, s. 606.

9.5. The Government may remove the chairman or a vice-chairman from his administrative office if the Conseil de la justice administrative so recommends, after an inquiry conducted at the Minister’s request concerning a lapse pertaining only to his administrative duties.

The Conseil shall act in accordance with the provisions of sections 193 to 197 of the Act respecting administrative justice (chapter J-3), adapted as required; however, the formation of an inquiry committee is subject to the rules set out in section 8.4.

1997, c. 43, s. 606.

DIVISION IX DUTIES AND POWERS OF COMMISSIONERS

1997, c. 43, s. 606.

9.6. Before taking office, every commissioner shall take an oath, solemnly affirming the following: “I (...) swear that I will exercise the powers and fulfill the duties of my office impartially and honestly and to the best of my knowledge and abilities.”.

The oath shall be taken before the chairman of the board. The chairman of the board shall take the oath before a judge of the Court of Québec.

The writing evidencing the oath shall be sent to the Minister of Justice.

1997, c. 43, s. 606.

9.7. A commissioner may not, on pain of forfeiture of office, have a direct or indirect interest in any enterprise that could cause a conflict between his personal interest and his duties of office, unless the interest devolves to him by succession or gift and he renounces it or disposes of it with dispatch.

In addition to observing conflict of interest requirements and the rules of conduct and duties imposed by the code of ethics adopted under this Act, a commissioner may not pursue an activity or place himself in a situation incompatible, within the meaning of the code of ethics, with the exercise of his office.

1997, c. 43, s. 606.

9.8. The commissioners are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

No judicial proceedings may be brought against them by reason of an act done in good faith in the performance of their duties.

1997, c. 43, s. 606.

DIVISION X OPERATION, MANAGEMENT AND ADMINISTRATION OF THE BOARD

1997, c. 43, s. 607.

10. In addition to the powers and duties that may otherwise be assigned to him, the chairman is charged with the administration and general management of the board.

The duties of the chairman include

(1)  fostering the participation of commissioners in the formulation of guiding principles for the board so as to maintain a high level of quality and coherence of decisions;

(2)  coordinating the activities of and assigning work to the commissioners who shall comply with his orders and directives in that regard;

(3)  seeing to the observance of standards of ethical conduct; and

(4)  promoting professional development of the commissioners as regards the exercise of their functions;

(5)  giving his opinion to the designated minister on any matter submitted by him, analysing the effects of the carrying out of this Act and submitting to the Minister any recommendation he considers expedient.

The vice-chairman designated for such purpose by the chairman may exercise the functions set out in subparagraph 2 of the second paragraph.

1979, c. 48, s. 10; 1997, c. 43, s. 607.

10.1. The chairman shall establish a code of ethics applicable to conciliators and shall see that it is observed.

The code of ethics comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec or on any later date indicated therein.

1997, c. 43, s. 607.

10.2. The chairman or the vice-chairman designated by the chairman shall determine which commissioners are to take part in the various sittings of the board.

1997, c. 43, s. 607.

11. The chairman, or the vice-chairman designated by him for that purpose, shall direct and supervise the personnel of the board.

1979, c. 48, s. 11.

12. If the chairman is absent or unable to act, he shall be replaced by the vice-chairman designated for that purpose by the Government, on such conditions as it may fix and, if the vice-chairman designated is absent or unable to act, by the other vice-chairman.

1979, c. 48, s. 12.

13. Full-time commissioners shall devote their time exclusively to the work of the board and to the duties of their office.

1979, c. 48, s. 13; 1997, c. 43, s. 608.

14. (Repealed).

1979, c. 48, s. 14; 1997, c. 43, s. 609.

15. (Repealed).

1979, c. 48, s. 15; 1997, c. 43, s. 609.

16. (Repealed).

1979, c. 48, s. 16; 1997, c. 43, s. 609.

17. (Repealed).

1979, c. 48, s. 17; 1992, c. 61, s. 513; 1997, c. 43, s. 609.

18. No extraordinary recourse provided by articles 834 to 850 of the Code of Civil Procedure (chapter C-25) may be exercised nor any injunction granted against the board or the commissioners acting in their official capacity.

A judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to this section.

1979, c. 48, s. 18.

19. The clerks, inspectors, conciliators and the other members of the personnel of the board are appointed in accordance with the Public Service Act (chapter F-3.1.1).

1979, c. 48, s. 19; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

20. No member of the personnel of the board may be prosecuted by reason of an official act done in good faith in the exercise of his functions.

1979, c. 48, s. 20; 1997, c. 43, s. 610.

21. The personnel of the board must provide assistance for the drafting of an application to every person who requests it.

1979, c. 48, s. 21.

22. The head office of the board is at the place determined by the Government; a notice of the location or of any change of the head office shall be published in the Gazette officielle du Québec.

The board has offices and record offices at any place it determines.

1979, c. 48, s. 22.

23. The board may hold its sittings anywhere, even on a holiday, between the hours determined by the chairman.

1979, c. 48, s. 23.

24. The fiscal period of the board ends on 31 March each year.

1979, c. 48, s. 24.

25. Not later than 30 June each year, the board shall transmit to the designated minister a report of its activities for the preceding fiscal period.

That report shall be tabled before the National Assembly within thirty days of its receipt, if it is in session; if it is not in session, it shall be tabled within thirty days after the opening of the next session or, as the case may be, after resumption.

1979, c. 48, s. 25.

26. The board shall furnish to the designated minister any information or report he may require on its activities.

1979, c. 48, s. 26.

27. The books and accounts of the board shall be audited every year by the Auditor General and, in addition, whenever the Government requires it.

1979, c. 48, s. 27.

CHAPTER III JURISDICTION OF THE BOARD

DIVISION I GENERAL PROVISIONS

28. The board hears in first instance, to the exclusion of any tribunal, any application

(1)  respecting the lease of a dwelling where the sum claimed or the value of the thing claimed or of the interest of the applicant in the object of the application does not exceed the amount of the jurisdiction of the Court of Québec;

(2)  pertaining to any of the matters contemplated in articles 1941 to 1964, 1966, 1967, 1969, 1970, 1977, 1984 to 1990 and 1992 to 1994 of the Civil Code;

(3)  pertaining to any of the matters contemplated in Division II, except in sections 54.5, 54.6, 54.7 and 54.11 to 54.14.

The board is not competent, however, to hear applications contemplated in articles 645 and 656 of the Code of Civil Procedure (chapter C-25).

1979, c. 48, s. 28; 1987, c. 63, s. 11; 1987, c. 77, s. 1; 1988, c. 21, s. 66; 1999, c. 40, s. 247.

29. A commissioner hears and decides, alone, applications that are within the jurisdiction of the board.

However, the chairman, or the vice-chairman designated by him for that purpose, may increase the number of commissioners for a hearing to five; he shall in that case designate one of them, from among the judges, advocates or notaries, to preside.

1979, c. 48, s. 29; 2000, c. 19, s. 33.

30. If an application is heard and decided by a commissioner, alone, he must be chosen from among the judges, advocates or notaries.

1979, c. 48, s. 30; 2000, c. 19, s. 34.

30.1. A member of the personnel of the board may be appointed as special clerk by the designated Minister, with the approval of the chairman of the board, and for a term specified in the instrument of appointment.

1981, c. 32, s. 2; 1982, c. 58, s. 68; 1986, c. 95, s. 293.

30.2. The special clerk may decide

(1)  every application the sole object of which is the recovery of the rent or the resiliation of the lease on the ground that the lessee has delayed payment of the rent for more than three weeks, or both the recovery of the rent and the resiliation of the lease on such ground if, at the time fixed for the hearing, one of the parties is absent even though he has been duly notified;

(2)  the authorization to deposit the rent under article 1907 of the Civil Code;

(3)  every application the object of which is the fixing of the rent or the changing of the term or of a condition of the lease pursuant to article 1947 of the Civil Code.

For that purpose, the special clerk is deemed to be a commissioner and has all the powers, duties and immunities of the latter, except the power to impose imprisonment.

1981, c. 32, s. 2; 1982, c. 58, s. 69; 1999, c. 40, s. 247.

30.3. In the cases provided in paragraph 2 of section 30.2, the decision of the special clerk may be reviewed by a commissioner on the application of the lessee.

The application must be filed with the board within ten days of the date of the decision of the special clerk.

1981, c. 32, s. 2.

30.4. The special clerk may refer to the commissioner any matter submitted to him if he considers that the interests of justice require it.

1981, c. 32, s. 2.

31. With the consent of the parties, the board may entrust a conciliator with meeting the parties and attempting to reach an agreement.

1979, c. 48, s. 31.

Not in force

31.1. Where the board grants an application for the recovery of rent and the defaulting lessee receives a benefit under a last resort financial assistance program provided for in the Individual and Family Assistance Act (chapter A-13.1.1), the board may order the Minister of Employment and Social Solidarity to pay to the lessor concerned the part of the benefit relating to lodging, in the amount and subject to the conditions prescribed by regulation under that Act, for any rent falling due during the month for which such benefit is granted. The order is contingent on a renunciation by the lessor of his right to apply for the resiliation of the lease.

The board shall fix the period during which the order is applicable, which shall not exceed two years. The order is executory for any period during which the lessee lives in a dwelling belonging to the lessor and so long as the lessor is entitled to collect the rent.

The board may also, where the lessee has been subject to such an order in the two years preceding the issue of the new order, provide that the new order is applicable, on the same conditions, to the lessor concerned and to any future lessor.

1998, c. 36, s. 187; 2001, c. 44, s. 30; 2005, c. 15, s. 198.

Not in force

31.2. For the purposes of section 31.1, the board may order the Minister of Employment and Social Solidarity to inform the board of the fact that a lessee is a recipient under a last resort financial assistance program and of the amount of the benefit granted for the month during which the order is issued. The board must keep the information received from the Minister confidential until the hearing.

1998, c. 36, s. 187; 2001, c. 44, s. 30.

DIVISION II SPECIAL PROVISIONS FOR THE PRESERVATION OF DWELLINGS

§ 1 . — Demolition of dwellings

32. This subdivision is applicable in respect of any dwelling situated outside a local municipal territory where a by-law made under section 412.2 of the Cities and Towns Act (chapter C-19), article 496 of the Municipal Code (chapter C-27.1) or paragraph 18 of article 524 of the Charter of the City of Montréal (1959-1960, chapter 102) is in force.

1979, c. 48, s. 32; 1996, c. 2, s. 852.

33. A lessor may evict a lessee in order to demolish a dwelling.

He must give an eviction notice to him

(1)  of six months before the expiry of the lease if it is for a fixed term of more than six months;

(2)  of six months before the date on which he intends to evict the lessee if the lease is for an indeterminate term; and

(3)  of one month before the expiry of the lease if it is for a fixed term of six months or less.

The notice must indicate the reason for and the date of the eviction.

1979, c. 48, s. 33.

34. The lessee may, within one month of receiving the notice, apply to the board for a declaration on the advisability of the demolition; if he fails to apply, he is deemed to have consented to vacate the premises on the date indicated.

The application of one lessee benefits all the lessees who have received an eviction notice.

1979, c. 48, s. 34.

35. The board shall authorize a lessor to evict a lessee and demolish a dwelling if it is convinced of the advisability of the demolition, taking into account the public interest and the interest of the parties.

Before deciding an application, the board shall consider the condition of the dwelling, the prejudice caused to the lessees, housing needs in the area, the possibilities of relocating the lessees, the consequences on the quality of life, the urban fabric and the architectural unity of the neighbourhood, the cost of restoration and any other pertinent criterion.

The board shall not, however, authorize the demolition of an immoveable the demolition of which is prohibited by a municipal by-law passed pursuant to paragraph 5 of section 412 of the Cities and Towns Act or pursuant to paragraph l of article 493 of the Municipal Code (chapter C-27.1).

1979, c. 48, s. 35.

36. A person who wishes to preserve a dwelling as rental housing may, at the hearing of an application, intervene to ask for time to undertake or pursue negotiations to acquire the immovable in which the dwelling is situated.

1979, c. 48, s. 36; 1999, c. 40, s. 247.

37. The board shall postpone its decision if it believes that the circumstances justify it, and grant the intervener a period of not over two months from the end of the hearing to allow the negotiations to reach a conclusion. The board shall not postpone its decision for such purpose more than once.

1979, c. 48, s. 37; 1999, c. 40, s. 247.

38. Where the board grants the authorization to demolish a dwelling, it may impose such conditions as it thinks fair and reasonable, provided that the conditions are not inconsistent with the municipal by-laws. It may, in particular, determine the conditions of the relocation of a lessee.

1979, c. 48, s. 38.

39. The lessor must pay to the evicted lessee an indemnity equal to three months’ rent and his moving expenses. If the amount of the damage sustained by the lessee is greater, he may apply to the board to fix the amount.

The indemnity is payable at the expiry of the lease, and the moving expenses, on presentation of the vouchers.

1979, c. 48, s. 39.

40. The demolition must be undertaken and completed within the time fixed by the decision of the board.

1979, c. 48, s. 40.

41. The board may, for reasonable cause, change the time fixed to undertake or complete the work, provided that the application is made before that time has expired.

1979, c. 48, s. 41.

42. If the demolition work has not been undertaken within the time fixed by the board to complete it, the authorization to demolish is without effect. If, on that date, the lessee continues to occupy the dwelling, the lease is renewed of right and the lessor may, within one month, apply to the board to fix the rent.

1979, c. 48, s. 42; 1999, c. 40, s. 247.

43. If the work is not completed within the time fixed, any interested person may apply to the board to obtain an order enjoining the offender to complete it within such time as the board may fix.

1979, c. 48, s. 43.

44. If the board grants the authorization to demolish, no lessee may be compelled to vacate his dwelling before the term of his lease nor before the expiry of three months from the authorization.

1979, c. 48, s. 44.

§ 2 . — The alienation of an immovable situated in a housing complex

45. In this subdivision, “housing complex” means several immovables situated near one another and comprising together more than twelve dwellings, if such immovables are administered jointly by the same person or by related persons within the meaning of the Taxation Act (chapter I-3), and if some of them have an accessory, a dependency or part of the structure, except a common wall, in common.

1979, c. 48, s. 45.

46. No person may, unless authorized by the board, alienate an immovable situated in a housing complex, or confer a right of occupancy or use or any similar right in respect of that immovable except by a contract of lease.

The forced sale, expropriation, taking in payment or retaking of possession of the immovable following an agreement made in good faith does not result in an alienation.

Any interested person, including the board, may apply to the Superior Court for a declaration of the nullity of an agreement that has been made in contravention of this section.

1979, c. 48, s. 46; 1992, c. 57, s. 684.

47. No authorization is required for

(1)  the alienation of a housing complex by a single contract to one and the same person;

(2)  the alienation of vacant land where that land has no accessory or dependency in common with the other immovables in the housing complex;

(3)  the alienation of a fraction situated in an immovable on which a declaration of co-ownership is registered.

1979, c. 48, s. 47; 1999, c. 40, s. 247.

48. The authorization of the board may be applied for by the owner or by a person who promises to purchase the whole or a part of a housing complex provided that he obtains authorization to alienate the complex piece by piece.

The authorization of the board may also be applied for by a person who promises to purchase a part of a housing complex provided that he obtains that authorization.

1979, c. 48, s. 48.

49. Before granting its authorization, the board shall consider the consequences the alienation of the immovable would have on the lessees, the number of lessees who could be evicted following this alienation, the individualization of the services, accessories and dependencies of the dwelling or immovable, the condition of the dwelling, the financing conditions, the fact that the immovable was erected or restored within the framework of a government program and any other criterion prescribed by regulation.

1979, c. 48, s. 49.

50. Where the board grants the authorization to alienate, it may impose such conditions as it deems fair and reasonable. It may, in particular, fix conditions for the protection of the lessee or of the acquirer of the immovable.

1979, c. 48, s. 50.

§ 3 . — Conversion of a rental residential immovable to divided co-ownership

1987, c. 77, s. 2.

51. Without the authorization of the Régie, no immovable comprising or having comprised, in the 10 years preceding the application for authorization, at least one dwelling may be converted to divided co-ownership.

Conversion is prohibited if the immovable is owned by a housing cooperative, a non-profit organization or a municipal housing corporation and was built, acquired, restored or renovated within the scope of a government housing-assistance program.

Conversion is prohibited in the territory of Ville de Montréal, unless an exception is granted pursuant to section 54.12 by a resolution of the council of the borough in which the immovable is situated. In the territory of a municipality other than Ville de Montréal, conversion may be restricted or made subject to certain conditions by a by-law adopted pursuant to section 54.13. This paragraph does not apply to an immovable in which all the dwellings are occupied by undivided co-owners.

1979, c. 48, s. 51; 1987, c. 77, s. 2; 1996, c. 2, s. 853; 2000, c. 56, s. 195.

52. Where the owner of an immovable intends to convert it to divided co-ownership, he must send each of his lessees a notice of intent conformable to the model provided in Schedule I and transmit a copy thereof to the Régie, before he approaches the municipality or the Régie regarding the conversion and before he has any prospective purchaser visit the dwelling or directs the carrying out of any reading, appraisal or other activity preparatory to the conversion.

The lessee must be given twenty-four hour’s notice of any such visit or activity.

1979, c. 48, s. 52; 1987, c. 77, s. 2.

53. From the date of the notice of intent until such time as a majority of voting rights in the general meeting of co-owners are held by occupant co-owners, no work may be performed without the authorization of the Régie except maintenance work, urgent and necessary repairs for the preservation of the immovable and work performed in the dwelling occupied by a co-owner.

Where the Régie is called upon to authorize work, it must consider the immediate usefulness of the work for the lessee. If the Régie authorizes the work, it may impose such conditions as it deems just and reasonable and, if temporary vacation of the premises by the lessee is necessary, it shall fix an indemnity payable by the lessor on the date he vacates the premises.

1979, c. 48, s. 53; 1987, c. 77, s. 2.

54. From the date of the notice of intent, the right to retake possession of the dwelling cannot be exercised against the lessee unless the lease was transferred to him after the sending of the notice of intent or unless he became a lessee after the authorization to convert was granted by the Régie.

1979, c. 48, s. 54; 1987, c. 77, s. 2.

54.1. An application for authorization to convert an immovable to divided co-ownership must be produced to the Régie by the owner within six months after the date of the notice of intent or, where such is the case, after the date of the resolution of the council of the municipality granting an exception or an authorization or the date of the certificate of the municipality attesting that the conversion project is consistent with the municipal by-law, whichever occurs last. The application must be accompanied with the resolution or the certificate, where applicable.

1987, c. 77, s. 2.

54.2. The Régie shall refuse to authorize the conversion where

(1)  the immovable has already undergone work with a view to preparing it for conversion and evicting a lessee;

(2)  possession of a dwelling has already been retaken illegally or with a view to converting the immovable to divided co-ownership;

(3)  in the five years preceding his application, the owner has been found guilty of an offence under section 112.1 against a lessee of one of the dwellings of the immovable for which he has not been pardoned.

In any such case, no new application may be produced until three years have elapsed from the date of refusal.

The Régie shall not refuse to grant authorization on the ground that the notice of intent has a formal defect or was not sent to the lessee if the owner proves that the lessee was in no way adversely affected thereby.

1987, c. 77, s. 2.

54.3. The decision of the Régie authorizing the conversion of the immovable must identify the lessees against whom the right to retake possession cannot be exercised.

1987, c. 77, s. 2.

54.4. No declaration of co-ownership may be registered unless the authorization of the Régie is appended thereto.

If the declaration of co-ownership is not registered within one year of the authorization, the authorization is of no effect. The Régie may, for reasonable cause, extend the time for registration so long as the application for an extension is submitted before the expiry of that time.

1987, c. 77, s. 2.

54.5. Any prohibition from retaking possession of a dwelling and from performing any work shall cease if the owner informs the lessee, in writing, that he no longer intends to convert the immovable, if no application is produced to the Régie within the prescribed time or if the declaration of co-ownership is not registered within the time prescribed by law or fixed by the Régie.

1987, c. 77, s. 2.

54.6. The owner must, before the first sale of each dwelling in the immovable, provide the prospective purchaser with an expert’s report and an information circular.

The expert’s report must contain

(1)  an appraisal of the wear of the common parts of the immovable and of their conformity with structural solidity, sanitation and safety standards;

(2)  an indication of major repairs likely to be needed within five years and an estimate of the cost thereof;

(3)  the identification of mechanical systems shared by two or more dwellings;

(4)  an indication of the soundproofing and insulation levels of the dwelling and of the immovable, if known;

(5)  a general appraisal of the compliance of the building with safety and fire prevention standards.

The information circular must contain

(1)  the name of the owner and of any person who prepared the principal documents pertaining to the carrying out and administration of the conversion project;

(2)  a plan of the overall project;

(3)  a statement of any existing rights of emphyteusis or superficies;

(4)  information as to the management of the immovable, including a budget forecast and a statement of any leases granted by the owner on the exclusive or common parts.

The budget forecast must be prepared by a qualified person on the basis of a whole year of occupancy of the immovable. It must indicate, for each fraction, the annual expenses to be paid including, where such is the case, the contribution to the contingency fund. The budget forecast must be accompanied with the most recent balance sheet and statement of revenues and expenditures as well as a document containing the latest available information as to debts and claims.

A copy of the authorization of the Régie and a summary of the declaration of co-ownership or, if it is unavailable, a summary of the draft declaration, must be appended to the information circular.

1987, c. 77, s. 2.

54.7. The first sale of a dwelling cannot be made to any person other than the lessee unless it was first proposed to the lessee at the same price and on the same terms and conditions as those agreed with the other person. The offer to sell must conform to the model described in Schedule II and be accompanied with the expert’s report and the information circular.

The lessee must, within one month after receiving the offer to sell, inform the owner in writing of his decision to accept or refuse the offer; otherwise, the lessee is deemed to have refused the offer.

If the deed of sale is not signed within two months after the acceptance of the offer or within any longer period agreed by the parties, the owner may sell the dwelling without being required to offer it anew to the lessee, unless the deed of sale was not signed for a reason beyond the lessee’s control.

1987, c. 77, s. 2.

54.8. If the sale is made in violation of the lessee’s right of preemption, the lessee may, within one year from the time he is aware of the sale, apply to the Superior Court for its annulment.

1987, c. 77, s. 2.

54.9. Any interested party, including the Régie, may apply to the Superior Court for the cancellation of the registration of a declaration of co-ownership if it was effected without the authorization of the Régie and for the annulment of any agreement subsequent to the registration.

1987, c. 77, s. 2.

54.10. The lessee may recover damages for his final departure from the dwelling as a result of the retaking of possession illegally or with a view to converting the immovable to divided co-ownership or because of work effected with a view to preparing the immovable for conversion and evicting the lessee, whether or not he had agreed to leave the dwelling.

The lessee may also demand punitive damages.

1987, c. 77, s. 2.

54.11. The purchaser of a fraction in a rental residential immovable converted to divided co-ownership may, within three years after the signing of the deed of sale, claim a reduction of his obligations from the seller, if the expert’s report, the information circular or the deed of sale contains false, misleading or incomplete information on a substantial element, or if the seller failed to provide him with the expert’s report or the information circular. The court shall dismiss the application if the seller proves that the purchaser was in no way adversely affected thereby.

1987, c. 77, s. 2.

54.12. The council of a borough of Ville de Montréal which has a planning advisory committee established under the Act respecting land use planning and development (chapter A-19.1) may, by by-law,

(1)  designate sectors or classes of immovables, or any combination of the two, in respect of which an exception to the prohibition for converting an immovable to divided co-ownership may be granted;

(2)  prescribe the procedure for applying for an exception and the fee exigible for the consideration of such an application.

1987, c. 77, s. 2; 1996, c. 2, s. 854; 2000, c. 56, s. 196.

54.13. To meet rental housing needs, the council of a local municipality, except the council of Ville de Montréal, may, by by-law,

(1)  designate sectors or classes of immovables, or any combination of the two, where conversion to divided co-ownership is prohibited;

(2)  make such conversion subject to conditions which may vary according to the sector, the class of immovable, or any combination of the two. In the case of Ville de Québec and of a municipality which has a planning advisory committee established under the Act respecting land use planning and development (chapter A-19.1), the by-law may provide that the conversion shall be subject to authorization by the council;

(3)  establish the procedure of application for and issue of a certificate attesting that the conversion project complies with the by-law and the procedure of application for authorization by the council, and the fee exigible for the issue of the certificate and for the consideration of such an application.

The certificate shall be issued, upon payment of the fee, by the officer in charge of the issue of permits and certificates in respect of planning.

1987, c. 77, s. 2; 1996, c. 2, s. 855; 2000, c. 56, s. 197.

54.14. The council of a municipality in whose territory a by-law respecting exceptions to the prohibition from converting immovables to divided co-ownership or a by-law providing that such a conversion shall be subject to authorization by the council is in force shall grant the exception or authorization, as the case may be, if it is satisfied of the advisability thereof, taking account in particular of

(1)  the vacancy rate in rental dwellings;

(2)  the availability of comparable dwellings;

(3)  the housing needs of certain categories of persons;

(4)  the physical characteristics of the immovable;

(5)  the fact that the immovable was built, purchased, restored or renovated within the scope of a municipal housing-assistance program, where such is the case.

The council of Ville de Montréal may, by by-law, delegate to a committee composed, for that purpose, of at least five councillors appointed by the council, the power to grant exceptions to the prohibition from converting immovables to divided co-ownership.

Not less than one month before the sitting at which the council or committee is to rule on the application for the exception or authorization, the clerk or the secretary-treasurer of the municipality shall, at the applicant’s expense, publish a notice in accordance with the Act governing the municipality. The notice must indicate the date, time and place of the sitting of the council or committee and the nature of the application; it must designate the immovable by means of the name of the thoroughfare and the number of the immovable or, failing that, the cadastral number; it must indicate that any interested party may be heard by the council or the committee with respect to the application.

In the case of municipalities other than Ville de Montréal or Ville de Québec, the council shall render its decision after receiving the opinion of the planning advisory committee, where such is the case.

A copy of the resolution whereby the council renders its decision must be sent to the applicant.

For the purposes of this subdivision, the decision of the committee is in lieu of the resolution of the council.

1987, c. 77, s. 2; 1996, c. 2, s. 856.

§ 4 . — Intervention of the board

55. Where a person contravenes or is about to contravene this division, or acts or is about to act against a decision rendered under this division, the board may, ex officio or at the request of an interested person, issue an order enjoining that person to comply with the decision or to cease or not to undertake his operations and, where necessary, to restore the premises to a state of good repair.

1979, c. 48, s. 55.

CHAPTER IV PROCEDURE BEFORE THE BOARD

DIVISION I PROOF AND PROCEDURE

56. A party who files an application must serve a copy thereof on the other party within the time and in the manner provided in the rules of procedure.

1979, c. 48, s. 56.

57. Several applications between the same parties, in which the questions at issue are substantially the same, or for matters which might properly be combined in one application, may be joined by order of the board on such conditions as it may fix.

The board may also order that several applications made before it, whether or not between the same parties, be heard at the same time and decided on the same evidence, or that the evidence in one be used in another, or that one application be heard and decided first, and the others meanwhile stayed.

1979, c. 48, s. 57.

58. Where the Superior Court and the board are seized of actions and applications having the same juridical basis or raising the same questions of law and fact, the board must, if one of the parties so requests and no serious prejudice can result to the adverse party, suspend the hearing of the application before it until the judgment in the case before the Superior Court has become definitive.

1979, c. 48, s. 58.

59. The board may, for reasonable cause and on appropriate conditions, extend a time limit or release a party from the consequences of his failure to comply with it, provided that no serious prejudice can result thereby to the other party.

1979, c. 48, s. 59; 1999, c. 40, s. 247.

60. Before rendering a decision, the board shall allow the interested parties to be heard, and must, for that purpose, serve on them a notice of proof and hearing in the manner provided by the rules of procedure.

1979, c. 48, s. 60.

61. The board shall, if possible, fix the hearing at such a time and date as to allow the parties and their witnesses to be present without too much inconvenience to their ordinary occupations.

1979, c. 48, s. 61.

62. A party wishing to produce a witness may summon such witness by way of a writ of subpoena issued by the board and served within the time and in the manner provided in the rules of procedure.

1979, c. 48, s. 62; 1981, c. 32, s. 3.

63. At the time fixed for the proof and hearing, the commissioner shall call the case, acknowledge the presence or absence of the parties and proceed with the proof and hearing.

The commissioner shall summarily instruct the parties on the rules of evidence and each party shall state his pretensions and introduce his witnesses.

The commissioner shall give equitable and impartial assistance to each party so as to render effective the substantive law and to ensure that it is carried out.

1979, c. 48, s. 63.

64. A commissioner may be recused

(1)  if he is related or allied to one of the parties within the degree of cousin-german inclusively;

(2)  if he is himself a party to an application involving a question similar to the one in dispute;

(3)  if he has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;

(4)  if he has acted as a mandatary for one of the parties, or he has made known his opinion extra-judicially;

(5)  if he has provided professional services to one of the parties;

(6)  if he is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;

(7)  if there is mortal enmity between him and any of the parties, or if he has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;

(8)  if he is the tutor, curator or adviser, successor or donee of any of the parties;

(9)  if he is a member of a group or legal person, or is manager or patron of some order or community which is a party to the dispute;

(10)  if he has any interest in favouring any of the parties;

(11)  if he is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.

1979, c. 48, s. 64; 1992, c. 57, s. 685; 1999, c. 40, s. 247.

65. A commissioner is disqualified if he or his consort is interested in the application.

1979, c. 48, s. 65.

66. If there is a ground for which a commissioner may be recused, he must immediately declare it in writing.

The same applies to a party who is aware of a ground of recusation of a commissioner.

1979, c. 48, s. 66.

67. Where a party duly notified does not appear or refuses to be heard, the commissioner may, nevertheless, proceed with the hearing of the matter and render a decision.

1979, c. 48, s. 67.

68. The commissioner may visit the premises or require an expert opinion or an inspection by such qualified person as he may designate, for the examination and appraisal of the facts relating to the dispute. Unless the commissioner intervenes under section 55, the visit of a dwelling cannot then take place before nine hours nor after twenty-one hours.

An inspector must identify himself before making an inspection.

The procedure applicable to the obtention of an expert opinion is that determined by the commissioner.

1979, c. 48, s. 68.

69. The lessee or the lessor must give access to the dwelling or immovable to a commissioner, an expert or an inspector of the board acting under section 68.

1979, c. 48, s. 69.

70. On being seized of an application contemplated in Division II of Chapter III, the board must cause a notice of the application, easily visible to passers-by, to be posted on the immovable contemplated in the application. Furthermore, the board may cause a public notice of the application to be published, in the manner provided in the rules of procedure.

Every notice contemplated in the first paragraph must indicate that any person may make written representations on the application within ten days of the publication of the public notice or, if there is no public notice, within ten days following the posting up of the notice on the immovable concerned.

The board may, if it considers it expedient, hold a public hearing at which it may hear any person who has made representations.

At such a hearing, a commissioner may limit the duration of the intervention or refuse it if he considers it not pertinent.

1979, c. 48, s. 70.

71. The commissioner or the person designated for that purpose must draw up the minutes of the hearing.

These minutes, signed by their author, are proof of their content.

1979, c. 48, s. 71.

72. A natural person may be represented by his consort, or by an advocate.

If a natural person cannot appear himself by reason of illness, distance or any other cause considered sufficient by a commissioner, he may also be represented by a person related to him by blood or by marriage or, if there is no such person in the territory of the local municipality, by a friend.

A legal person may be represented by a director, an officer, an employee exclusively employed by it, or by an advocate.

1979, c. 48, s. 72; 1996, c. 2, s. 857; 1999, c. 40, s. 247.

73. Notwithstanding the Charter of human rights and freedoms (chapter C-12), no advocate may act if the sole object of the application is the recovery of a debt not exceeding the jurisdiction of the Court of Québec in matters of recovery of small claims, exigible from a debtor resident in Québec by a person in his own name and account or by a tutor or curator in his official capacity.

1979, c. 48, s. 73; 1981, c. 32, s. 4; 1988, c. 21, s. 66.

74. Where a party is represented by a mandatary other than his spouse or an advocate, the mandatary must furnish to the board a written mandate, signed by the person he represents, indicating, in the case of a natural person, the causes preventing the party from acting himself. Such a mandate must be gratuitous.

1979, c. 48, s. 74; 1981, c. 32, s. 5.

75. Subject to sections 76 and 77, Book Seven of the Civil Code applies to the proof made before the board.

1979, c. 48, s. 75; 1999, c. 40, s. 247.

76. The following may be proved by producing a copy in lieu thereof if the commissioner is satisfied with the veracity of the copy:

(1)  a juridical act evidenced in a writing; or

(2)  the content of a writing other than an authentic writing.

However, proof may be made by any means where a party establishes that, in good faith, he can neither produce the original of the writing nor any copy in lieu thereof.

1979, c. 48, s. 76.

77. A party may administer proof by testimony,

(1)  even to contradict or vary the terms of a writing, where he wishes to prove that this Act has not been complied with;

(2)  where he wishes to prove that the rent actually paid is not that appearing in the lease;

(3)  where he wishes to interpret or complete a writing.

1979, c. 48, s. 77.

78. A commissioner may decide that a report of inspection signed by an inspector of the board, a municipal inspector or an inspector appointed under the Act respecting occupational health and safety (chapter S-2.1), the Environment Quality Act (chapter Q-2), the Act respecting the Société d’habitation du Québec (chapter S-8), the Act respecting piping installations (chapter I-12.1) or the Act respecting electrical installations (chapter I-13.01), is accepted in lieu of the testimony of such inspector.

However, one of the parties may require the presence of the inspector at the hearing, but if the board considers that the filing of the report would have sufficed, it may condemn that party to pay costs in such amount as it may fix.

1979, c. 48, s. 78; 1975, c. 53, s. 132; 1979, c. 63, s. 333.

79. Every decision of the board must be substantiated and transmitted to the parties concerned, in the manner provided in the rules of procedure.

A copy of a decision, certified true by the commissioner having heard the case or by the person authorized for that purpose by the chairman, has the same value as the original.

1979, c. 48, s. 79.

79.1. At the time of the decision, the commissioner may adjudge the costs prescribed by regulation.

1981, c. 32, s. 6; 1982, c. 58, s. 70.

80. Where a case is heard by more than one commissioner, the decision is made by a majority of the commissioners having heard the case; where opinions are equally divided on a question, it is decided by the commissioner who has presided at the hearing.

1979, c. 48, s. 80.

81. When a commissioner ceases to hold office, retires, dies or is unable to act, the chairman, or the vice-chairman designated under section 10, may order that an application of which that commissioner was seized be continued and terminated by another commissioner or replaced on the roll to be heard again.

If the case was taken under advisement, it is entrusted to another commissioner or replaced on the roll in accordance with the first paragraph, unless, where the commissioner seized of the case has retired or ceased to hold office, the chairman or the designated vice-chairman requests the commissioner seized of the case to render a decision within ninety days. Upon the expiry of that time, the chairman or designated vice-chairman proceeds in accordance with the first paragraph.

1979, c. 48, s. 81; 1999, c. 40, s. 247.

82. Except where provisional execution is ordered, a decision is executory on the expiry of the time allowed to apply for leave to appeal or, as the case may be, of the time allowed for review. A decision contemplated in Division II of chapter III is executory on being rendered.

In the case of a decision relating to an application concerning only the recovery of a debt contemplated in section 73, the decision is executory on the expiry of 20 days from the date thereof, except where the commissioner has ordered otherwise.

1979, c. 48, s. 82; 1981, c. 32, s. 7; 1995, c. 39, s. 20; 1996, c. 5, s. 63.

82.1. The commissioner may, if he deems it expedient, order the provisional execution of the decision in whole or in part notwithstanding review or appeal, in the case of

(1)  major repairs;

(2)  eviction from premises where the lease is expired, resiliated or cancelled;

(3)  exceptional urgency.

1981, c. 32, s. 7.

83. A decision of the board may be executed as if it were a judgment of the Court of Québec, if it is registered in the office of the Court of the place where the dwelling is situated.

1979, c. 48, s. 83; 1982, c. 32, s. 121; 1988, c. 21, s. 66.

84. Compulsory execution of a decision on an application concerning only a debt contemplated in section 73 is effected in accordance with articles 993 and 994 of the Code of Civil Procedure (chapter C-25).

1979, c. 48, s. 84.

85. At a meeting called by the chairman, the commissioners may adopt, by a majority, the rules of procedure considered necessary.

Subject to paragraph 5 of section 108, the commissioners may also, by by-law, determine the form or tenor of notices other than that provided for in articles 1942 and 1943 of the Civil Code, and of applications or forms necessary for the application of this Act and articles 1892 to 2000 of the Civil Code, and make their use obligatory. Such a by-law must be approved by the designated minister before its publication.

Such rules and by-laws come into force from their publication in the Gazette officielle du Québec or on a later date fixed therein.

1979, c. 48, s. 85; 1999, c. 40, s. 247.

86. In the absence of provisions applicable to a particular case, a commissioner may compensate for them by any procedure not inconsistent with this Act or the rules of procedure.

1979, c. 48, s. 86.

87. In computing a time limit provided by this Act or by articles 1892 to 2000 of the Civil Code,

(1)  the day which marks the start of the time limit is not counted, but the terminal day is counted;

(2)  holidays are counted but when the last day is a holiday, the time limit is extended to the next following day that is not a holiday;

(3)  Saturday is considered a holiday, as are 2 January and 26 December.

1979, c. 48, s. 87; 1999, c. 40, s. 247.

DIVISION II SPECIAL PROCEDURES

88. The commissioner who rendered a decision may correct it if it contains an error in writing or in calculation, or any other clerical error or, by obvious inadvertence, it grants more than was demanded or omits to adjudicate upon part of the demand.

He may make the correction, ex officio or on the motion of one of the parties, so long as the decision has not been appealed or reviewed or before the decision becomes executory.

The motion for correction suspends the execution of the decision and interrupts the time allowed for appeal or review until the parties are notified of the decision.

1979, c. 48, s. 88; 1984, c. 47, s. 138.

89. Where a decision has been rendered against a party who was prevented from producing or supplying evidence by surprise, by fraud or by any other reason considered sufficient, that party may apply for the revocation of the decision.

A party may also apply for the revocation of the decision where the board has omitted to adjudicate upon part of the demand or has decided beyond the application.

The application for revocation must be made in writing within ten days after the decision is known or from the time the cause of prevention ceases, as the case may be.

The application for revocation suspends the execution of the decision and interrupts the time allowed for appeal or review until the parties are notified of the decision.

1979, c. 48, s. 89; 1984, c. 47, s. 139.

90. The board may review a decision concerning an application the sole object of which is the fixing or revision of the rent, if the application is made by a party within one month from the date of the decision.

The review is effected in accordance with the procedure provided in Division I. The chairman of the board or the vice-chairman designated by him for that purpose shall determine the number of commissioners who are to hear the application; that number must be greater than the number of commissioners or special clerks who heard the application for the fixing or revision of the rent.

Except where provisional execution is ordered, the application for review suspends the execution of the decision. However, the board may, on a motion, either order provisional execution when it has not been ordered, or bar or suspend it when it has been ordered.

1979, c. 48, s. 90; 1981, c. 32, s. 8; 1982, c. 58, s. 71.

90.1. The decision on the application for review is executory on the expiry of ten days from the date thereof unless immediate execution is ordered.

1981, c. 32, s. 9.

CHAPTER V APPEAL

91. An appeal lies, on leave of a judge of the Court of Québec, from decisions of the Régie du logement when the matter at issue is one which ought to be submitted to the Court of Québec.

However, no appeal lies from decisions of the board concerning an application

(1)  the sole object of which is the fixing of rent or the revision of rent;

(2)  the sole object of which is the recovery of a debt contemplated in section 73;

(3)  contemplated in Division II of Chapter III, except an application contemplated in section 39 or 54.10;

(4)  for authorization to deposit the rent by a motion under articles 1907 and 1908 of the Civil Code.

1979, c. 48, s. 91; 1981, c. 32, s. 10; 1987, c. 77, s. 3; 1988, c. 21, s. 66; 1996, c. 5, s. 64.

92. The application for leave to appeal must be made at the office of the Court of Québec of the place where the dwelling is situated, and is presented by motion accompanied with a copy of the decision and of the documents of the contestation, if they are not reproduced in the decision.

The motion together with a notice of presentation must be served on the adverse party and filed in the office of the court within 30 days after the date of the decision. The motion must state the conclusions sought, and contain a brief statement by the applicant of the grounds he intends to rely on.

If the application is granted, the judgment authorizing the appeal shall serve as an inscription in appeal. The clerk of the Court of Québec shall transmit a copy of this judgment without delay to the board and to the parties and their attorneys.

The respondent may bring an appeal or an incidental appeal in the same manner and within the same time limit.

1979, c. 48, s. 92; 1985, c. 30, s. 83; 1988, c. 21, s. 66; 1996, c. 5, s. 65.

93. Such time limit is imperative and its expiry entails forfeiture of the right of appeal.

However, if a party dies before the expiry of the time limit and without having brought an appeal, the time allowed to apply for leave to appeal does not run against the party’s legal representatives until the date on which the decision is served on them in accordance with article 133 of the Code of Civil Procedure (chapter C-25).

The time allowed to apply for leave to appeal begins to run against a party condemned in default only once the time for applying for revocation of the decision has expired.

1979, c. 48, s. 93; 1981, c. 32, s. 11; 1996, c. 5, s. 66.

94. Except where provisional execution is ordered, an appeal suspends the execution of the decision.

An application for leave to appeal does not suspend execution of the decision. However, where the decision of the board entails the eviction of the lessee or of the occupants, a motion may be filed with a judge of the Court of Québec for the suspension of execution of the decision if the applicant shows that execution would cause him serious prejudice and that he has filed an application for leave to appeal.

The provisional execution of the whole or part of the decision may, on a motion, be ordered by a judge of the Court of Québec when such execution has not been ordered by the decision appealed from. It may, in the same manner, be barred or suspended when it has been ordered.

1979, c. 48, s. 94; 1981, c. 32, s. 12; 1988, c. 21, s. 66; 1996, c. 5, s. 67.

95. (Repealed).

1979, c. 48, s. 95; 1996, c. 5, s. 68.

96. Where more than one party has appealed from the same decision, all appeals are joined.

1979, c. 48, s. 96.

97. The Court may, exofficio or on a motion, join several appeals if the matters at issue are substantially the same.

1979, c. 48, s. 97.

98. The Court hears evidence and representations only in relation to matters authorized by the leave to appeal, and sections 60 to 69, 75 to 78, 86, 88 and 89 apply, with the necessary modifications, to an appeal heard pursuant to this chapter.

1979, c. 48, s. 98; 1996, c. 5, s. 69.

99. The Court may hold its sittings even on a holiday, between the hours determined by the chief judge.

1979, c. 48, s. 99.

100. The Court, at the request of one of the parties, or the clerk, with the consent of the parties, may postpone the hearing to a later date.

1979, c. 48, s. 100.

101. The Court may confirm, amend or quash the decision contemplated by the appeal and render the judgment that should have been rendered.

1979, c. 48, s. 101.

102. The judgment is without appeal; it must be written, substantiated and signed by the judge who rendered it and served on the parties in the manner provided in the rules of practice.

1979, c. 48, s. 102.

103. The judgment is executory at the expiry of ten days from the date of service, unless otherwise ordered by the Court.

1979, c. 48, s. 103.

104. When the Superior Court and the Court of Québec are seized of an action and an appeal having the same juridical basis or raising the same questions of law and fact, the Court of Québec must, if one of the parties so requests and no serious prejudice can result to the adverse party, suspend the hearing of the appeal before it until the judgment in the case before the Superior Court has become definitive.

1979, c. 48, s. 104; 1988, c. 21, s. 66.

105. Book IV of the Code of Civil Procedure (chapter C-25) applies to this chapter, with the necessary modifications.

1979, c. 48, s. 105.

106. In dismissing an appeal that it considers dilatory or immoderate, the Court may, exofficio or at the request of a party, condemn the appellant to damages.

1979, c. 48, s. 106.

107. The Court of Québec may, in the manner prescribed under the Courts of Justice Act (chapter T-16), make the rules of practice necessary for the proper carrying out of this chapter and, in particular, permit the application of an incidental procedure provided by Title IV of Book II of that Code.

1979, c. 48, s. 107; 1988, c. 21, s. 66, s. 131.

CHAPTER VI REGULATIONS

108. The Government may make regulations

(1)  establishing, for such categories of dwellings or immovables as it may indicate, minimum requirements concerning the maintenance, safety, sanitation or habitability of a dwelling or an immovable comprising a dwelling;

(2)  determining, for the application of article 1913 of the Civil Code, certain cases where a dwelling is unfit for habitation;

(3)  for the application of articles 1952 and 1953 of the Civil Code, establishing, for such categories of persons, of leases, of dwellings or of land intended for the installation of a mobile home as it may determine, the criteria for the fixing of rent or for the revision of rent and the rules of implementation of these criteria;

(4)  prescribing, where such is the case, the duties or costs exigible for any act performed by the board or by a party in the case of an application or a proceeding, and the duties or costs relating to the administration of the Act, establishing the standards, conditions and modalities applicable to the receipt, keeping and reimbursement of such duties or costs, exempting certain categories of persons from the payment of such duties or costs, and determining, where necessary, the maximum amount that a party may be bound to pay under section 79.1 for the whole or one or other of such acts;

(5)  making the inclusion of certain particulars mandatory in a lease, writing or notice referred to in articles 1895 and 1896 of the Civil Code, and in the case of the lease or writing referred to in the first paragraph of article 1895 of the Civil Code, prescribing the mandatory use of the lease form from the Régie du logement or of the writing produced by the board, and fixing the sales price thereof;

(6)  prescribing, subject to section 85, what must be prescribed by regulation under this Act and articles 1892 to 2000 of the Civil Code.

These regulations come into force from their publication in the Gazette officielle du Québec or on a later date fixed therein.

1979, c. 48, s. 108; 1981, c. 32, s. 13; 1995, c. 61, s. 1.

TITLE II PROVISIONS AMENDING THE CIVIL CODE OF LOWER CANADA

109. (Omitted).

1979, c. 48, s. 109.

110. (Omitted).

1979, c. 48, s. 110.

111. (Omitted).

1979, c. 48, s. 111.

TITLE III PENAL PROVISIONS

112. Every person who refuses to comply with an order of the board other than the order provided for in article 1973 of the Civil Code is guilty of contempt of court.

However, where the offender refuses to comply with an order provided for in section 55 or article 1918 of the Civil Code, the fine is not less than $5,000 nor more than $25,000.

1979, c. 48, s. 112; 1992, c. 61, s. 514; 1999, c. 40, s. 247.

112.1. Every person who, with a view to converting a rental residential immovable to divided co-ownership or evicting a lessee from his dwelling, harasses a lessee in such a manner as to limit his right to peaceful enjoyment of his dwelling is guilty of an offence and is liable to a fine of not less than $5,800 nor more than $28,975.

1987, c. 77, s. 4; 1991, c. 33, s. 116; 1992, c. 61, s. 515.

113. Every person who contravenes section 69 or any of articles 1899, 1904, 1913, 1919, 1921, 1930, 1931, 1935 and 1970 of the Civil Code, is guilty of an offence and is liable to a fine of not less than $125 nor more than $1,225 in the case of a person other than a legal person and of not less than $250 nor more than $2,450 in the case of a legal person.

1979, c. 48, s. 113; 1990, c. 4, s. 761; 1991, c. 33, s. 117; 1999, c. 40, s. 247.

114. Every person who makes a declaration that he knows to be false in a form or writing the use of which is compulsory under this Act or articles 1892 to 2000 of the Civil Code is guilty of an offence and is liable to a fine of not less than $250 nor more than $2,450.

1979, c. 48, s. 114; 1990, c. 4, s. 761; 1991, c. 33, s. 118; 1999, c. 40, s. 247.

115. Where a legal person is guilty of an offence contemplated in section 113 or 114, any officer, director, employee or agent of that legal person who ordered, authorized, assented to or acquiesced in the commission of the offence is deemed to be a party to the offence and is liable to a fine not exceeding the fine provided for in these sections.

1979, c. 48, s. 115; 1999, c. 40, s. 247.

116. (Repealed).

1979, c. 48, s. 116; 1983, c. 26, s. 24; 1987, c. 77, s. 5; 1992, c. 61, s. 516.

117. (Repealed).

1979, c. 48, s. 117; 1990, c. 4, s. 762.

TITLE IV MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

118. (Amendment integrated into c. C-25, a. 34).

1979, c. 48, s. 118.

119. (Amendment integrated into c. C-25, a. 954).

1979, c. 48, s. 119.

120. (Amendment integrated into c. C-19, ss. 412.1-412.26).

1979, c. 48, s. 120.

121. (Amendment integrated into c. C-19, s. 413).

1979, c. 48, s. 121.

122. (Amendment integrated into c. C-27.1, a. 494).

1979, c. 48, s. 122.

123. (Amendment integrated into c. C-27.1, aa. 495-519).

1979, c. 48, s. 123.

124. (Omitted).

1979, c. 48, s. 124.

125. (Amendment integrated into c. S-8, s. 86).

1979, c. 48, s. 125.

126. (Amendment integrated into c. S-8, ss. 94.1-94.2).

1979, c. 48, s. 126.

127. (Amendment integrated into c. B-1, s. 128).

1979, c. 48, s. 127.

128. (Amendment integrated into c. R-10, s. 2).

1979, c. 48, s. 128.

129. (Omitted).

1979, c. 48, s. 129.

130. (Inoperative, 1979, c. 48, s. 137).

1979, c. 48, s. 130.

131. (Inoperative, 1979, c. 48, s. 137).

1979, c. 48, s. 131.

132. The cessation of the effect of sections 16 to 16k of the Act to prolong and amend the Act to promote conciliation between lessees and property-owners (1975, c. 84) does not entail the loss of the rights acquired under those sections, nor legalize retroactively acts declared null or illegal by those sections.

Recourses and penal proceedings respecting the applicability of those sections that have been exercised or that are under advisement before a court, an administrator or the Commission des loyers are continued, heard and decided in accordance with those sections where the recourse or the penal proceeding is based on one of those sections or where it regards the applicability of the Act to promote conciliation between lessees and property-owners (chapter C-50) to a dwelling contemplated in those sections.

The prescription of such a recourse or penal proceeding not exercised by 31 December 1979 continues to run after that date. Until that prescription is acquired, that recourse or penal proceeding may be exercised, heard and decided according to the sections mentioned in the first paragraph.

1979, c. 48, s. 132.

133. In the case of a lease ending after 30 June 1980, the rent fixed by an administrator or by the Commission des loyers pursuant to section 53 or 54 of the Act to promote conciliation between lessees and property-owners shall be maintained until the lease expires unless one of the parties applies to the board to obtain the fixing of a new rent.

The application for the fixing of rent must be made not less than three months before the expiry of every twelve month period from the date the last fixing of rent took effect.

1979, c. 48, s. 133.

134. Applications pending before commissioners or before a rental administrator on 1 October 1980 are continued and decided in accordance with the Act to promote conciliation between lessees and property-owners.

1979, c. 48, s. 134.

135. Cases pending before the Provincial Court on 1 October 1980 are continued before that Court.

1979, c. 48, s. 135.

136. A notice of increase of rent, of change of a condition of the lease, of non-renewal of a lease or of retaking of possession given before 1 October 1980 is valid notwithstanding this Act.

If the time granted to the lessee under the Act to promote conciliation between lessees and property-owners to reply to a notice contemplated in the first paragraph has not expired and if he has not replied to such a notice, the provisions of this Act apply.

In the case of a lease for a fixed term of over six months ending on or before 30 September 1980, the notice provided for by section 33 or by article 1659.1 or 1660.1 of the Civil Code of Lower Canada is valid if it is given three months before the end of the lease.

1979, c. 48, s. 136; 1999, c. 40, s. 247.

136.1. (Repealed).

1981, c. 16, s. 2; 1981, c. 32, s. 14; 1987, c. 77, s. 6.

136.2. (Repealed).

1981, c. 16, s. 2; 1987, c. 77, s. 6.

137. (Omitted).

1979, c. 48, s. 137.

138. The Régie du logement succeeds to the Commission des loyers and, for such purposes, it assumes its powers and duties.

In any Act, proclamation, order in council or other document, the expression “Commission des loyers” designates the board.

1979, c. 48, s. 138.

139. The rules of practice of the Commission des loyers are, until replaced, the rules of procedure of the board, so far as they are consistent with this Act.

1979, c. 48, s. 139.

140. The full-time commissioners who are remunerated on an annual basis, become, without other formality and from 1 July 1980, commissioners for a term of one year.

1979, c. 48, s. 140.

141. The staff of the Commission des loyers becomes, without other formality, the staff of the board.

1979, c. 48, s. 141.

142. The sums required for the application of this Act shall be taken out of the Consolidated Revenue Fund for the fiscal periods 1979-1980 and 1980-1981 and, for the subsequent periods, out of the moneys granted each year for that purpose by Parliament.

1979, c. 48, s. 142.

143. The commissioners and administrators appointed under the Act to promote conciliation between lessees and property-owners may hear and decide the applications pending before the Commission des loyers, and they remain in office until they are heard and decided.

1979, c. 48, s. 143.

144. The Government shall designate a minister responsible for the carrying out of Title I and section 136.2.

1979, c. 48, s. 144; 1981, c. 32, s. 15.

The Minister Responsible for Housing is responsible for the carrying out of Title I of this Act. Order in Council 1801-2022 dated 14 December 2022, (2023) 155 G.O. 2 (French), 59.

145. (Omitted).

1979, c. 48, s. 145.

146. (Omitted).

1979, c. 48, s. 146.

147. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE I

(ACT RESPECTING THE RÉGIE DU LOGEMENT, SECTION 52)

NOTICE OF INTENT TO CONVERT A RENTAL RESIDENTIAL IMMOVABLE TO DIVIDED CO-OWNERSHIP

..............

(Date)

..............

(Name of lessee)

..............

(Address of lessee)

As the owner of the immovable situated at ..............

..............

(Address of immovable)

and in which you are the lessee of a dwelling, I hereby notify you of my intent to convert the immovable to divided co-ownership and to apply to the Régie du logement for the authorization required for the conversion.

..............

(Signature of owner)

..............

(Name of lessor, if different)

..............

(Address of lessor)

MANDATORY PARTICULARS

From the moment the notice of intent is given,

• the lessee is entitled to remain on the premises and shall not be evicted from his dwelling by way of retaking of possession unless the lease was transferred to him after the sending of the notice or unless he became a lessee after the Régie du logement authorized the owner of the immovable to proceed to the conversion;

• the lessor shall obtain the authorization of the Régie to carry out any work other than maintenance work or urgent repairs necessary for the preservation of the immovable. If the Régie authorizes the carrying out of work requiring temporary vacation by the lessee, it shall fix the amount of the indemnity that the owner will be required to pay to the lessee to compensate him for reasonable expenses incurred by him by reason of the vacation;

• the prohibition against the lessor’s retaking possession of a dwelling and carrying out work shall cease if the owner notifies the lessee in writing that he no longer intends to convert the immovable, if no application is filed with the Régie within the prescribed time or if the declaration of co-ownership is not registered within the time prescribed by law or by the Régie;

• 24h’s notice must be given to the lessee where the lessor intends to make or carry out readings, appraisals or other activities prior to the conversion or to have the dwelling visited by a prospective purchaser.

No declaration of divided co-ownership may be registered in respect of a rental residential immovable unless the Régie du logement has given its prior authorization to the owner to proceed with the conversion. The authorization must contain the names of the lessees against whom the right to retake possession can no longer be exercised by the lessor or any subsequent purchaser of the dwelling.

Before selling a dwelling for the first time to any person other than the lessee, the owner is required to offer it to the lessee at the same price and on the same conditions as those agreed with the other person. The form to be used by the owner for the offer is that prescribed by law.

If necessary, the lessee may obtain further information from the Régie du logement.

1987, c. 77, s. 7.

SCHEDULE II

(ACT RESPECTING THE RÉGIE DU LOGEMENT, SECTION 54.7)

OFFER TO SELL

..............

(Name of lessee)

..............

(Address of lessee)

As a lessee having a right of first refusal in respect of the following dwelling

..............

you are hereby offered to purchase the said dwelling at the same price and on the same conditions as agreed with

..............

(Name of third party having promised to purchase the immovable)

..............

(Address)

and which I intend to accept should you refuse the offer.

The price is .............. and the conditions are the following: ..............

..............

..............

..............

You have one month, after receiving this offer, to inform me in writing of your decision to purchase or not to purchase the dwelling. No answer on your part shall be considered as a refusal to purchase.

In conformity with the Act respecting the Régie du logement (chapter R-8.1) and the Civil Code of Québec, you will find enclosed

□ an expert’s report;

□ an information circular

If you accept the offer made to you, you will have two months from the acceptance to sign the deed of sale, unless we agree on a longer period of time.

..............

(Signature of owner)

..............

(Date)

..............

..............

(Address of owner)

MANDATORY PARTICULARS

• Neither the current owner nor any subsequent purchaser may retake possession of a dwelling in respect of which the lessee is identified in the authorization of the Régie du logement as one of the persons against whom the right to retake possession cannot be exercised.

• If necessary, a lessee may obtain further information from the Régie du logement.

1987, c. 77, s. 7; 1992, c. 57, s. 686.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 48 of the statutes of 1979, in force on 1 November 1980, is repealed, except sections 111, 122, 123, 145 and 146, effective from the coming into force of chapter R-8.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 30.1 to 30.4 and paragraph 4 of section 91 of chapter 48 of the statutes of 1979, in force on 1 July 1982, are repealed effective from the coming into force of the updating to 1 July 1982 of chapter R-8.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 122 and 123 of chapter 48 of the statutes of 1979, in force on 1 January 1984, are repealed effective from the coming into force of the updating to 1 January 1984 of chapter R-8.1 of the Revised Statutes.