B-1.1, r. 3.1 - Regulation respecting the regulation of residential building inspectors for inspections in the context of a real estate transaction

Section 7 Disposition versions

2024-10-01

7. A natural person who applies for the issue, renewal or amendment of a residential building inspector certificate must provide the Board, using the form prescribed and made public by the Board on its website or otherwise, the following information and documents:

Contact and basic information

(1)  name, date of birth and personal contact information, namely, the domicile address, telephone number and email address, and the contact information of any establishment where the person intends to carry on the functions of residential building inspector, namely, the address, telephone number, email address that will be used as part of those functions and if applicable, the person’s business number, or that of the person’s employer, assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the person is or has been in the 5 years preceding the application a member of a professional order constituted in accordance with the Professional Code (chapter C-26), the name of the order and the person’s membership number;

(3)  the class of the certificate the person wishes to obtain;

Professional qualification and continuing education

(4)  any of the following documents demonstrating the person’s professional qualification:

(a)  for a class 1 certificate, a copy of an attestation of college studies issued by a general and vocational college established under the General and Vocational Colleges Act (chapter C-29) or by an educational institution dispensing general instructional services at the college level referred to in the Act respecting private education (chapter E-9.1), confirming the successful completion of the program referred to in subparagraph 1 of the first paragraph of section 5, or, if the document has not yet been issued, a college studies record indicating that the program is completed and the certification obtained is an attestation of college studies;

(b)  for a class 2 certificate, a copy of any of the documents referred to in subparagraph a, as the case may be, and a copy of an attestation of specialized college studies in large building inspections issued by a college or an educational institution referred to in subparagraph a, confirming the successful completion of the program referred to in subparagraph 2 of the first paragraph of section 5, or, if that document has not yet been issued, a college studies record indicating that the program is completed and the certification obtained is an attestation of college studies;

(5)  for an application for the issue of a certificate made within less than 2 years after the end of the validity of the preceding certificate, a copy of the continuing education certificates demonstrating that the applicant has completed the number of hours of continuing education provided for in Division IV of Chapter III of this Regulation that would have applied if the certificate had remained in force and, in the case of a partial or total exemption of the continuing education requirement for a reason provided for in section 33, one of the documents provided for in the first paragraph of that section, as the case may be;

Financial guarantees

(6)  a certificate signed by an insurer authorized to carry on insurer activities in Québec or by the insurer’s authorized broker, indicating that the person is covered by a general liability insurance contract and an errors and omissions professional liability insurance contract required under subparagraph 3 of the first paragraph of section 5, which includes the following elements:

(a)  the insurance certificate number and the date of issue;

(b)  the name and domicile address of the natural person covered by the insurance contracts, the policy numbers of the contracts and their period of validity;

(c)  a confirmation that the insurance coverage includes the functions of residential building inspector of the natural person, and the coverage period;

(d)  the amount of the insurance coverage per claim and the amount of the maximum annual coverage;

Convictions

(7)  a declaration indicating whether the person has been convicted, in Canada or elsewhere, in the 5 years preceding the application, of an offence under a fiscal law or an indictable offence, or proof of pardon, if applicable;

(8)  a declaration indicating whether the person has been convicted of an offence under the Consumer Protection Act (chapter P-40.1);

Recognition and certification

(9)  a recognition that the person must comply with the requirements set out in BNQ Standard 3009-500 when acting as residential building inspector;

(10)  a certification that the information and documents provided under this section are true.

Despite the first paragraph, when applying for the amendment or renewal of a certificate, the information or document referred to in subparagraphs 1 to 5 of the first paragraph that has already been provided to the Board need not be sent again if the natural person filing the application certifies that the information or document is still accurate.

Subparagraphs a and b of subparagraph 4 of the first paragraph do not apply to a natural person who holds an accreditation issued in another Canadian province or in a Canadian territory, authorizing the person to act as residential building inspector. The person must, however, provide a copy of the accreditation, and successfully complete the examination or examinations provided for in the second paragraph of section 5.

O.C. 282-2024, s. 7.

Not in force

In force: 2024-10-01

7. A natural person who applies for the issue, renewal or amendment of a residential building inspector certificate must provide the Board, using the form prescribed and made public by the Board on its website or otherwise, the following information and documents:

Contact and basic information

(1)  name, date of birth and personal contact information, namely, the domicile address, telephone number and email address, and the contact information of any establishment where the person intends to carry on the functions of residential building inspector, namely, the address, telephone number, email address that will be used as part of those functions and if applicable, the person’s business number, or that of the person’s employer, assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the person is or has been in the 5 years preceding the application a member of a professional order constituted in accordance with the Professional Code (chapter C-26), the name of the order and the person’s membership number;

(3)  the class of the certificate the person wishes to obtain;

Professional qualification and continuing education

(4)  any of the following documents demonstrating the person’s professional qualification:

(a)  for a class 1 certificate, a copy of an attestation of college studies issued by a general and vocational college established under the General and Vocational Colleges Act (chapter C-29) or by an educational institution dispensing general instructional services at the college level referred to in the Act respecting private education (chapter E-9.1), confirming the successful completion of the program referred to in subparagraph 1 of the first paragraph of section 5, or, if the document has not yet been issued, a college studies record indicating that the program is completed and the certification obtained is an attestation of college studies;

(b)  for a class 2 certificate, a copy of any of the documents referred to in subparagraph a, as the case may be, and a copy of an attestation of specialized college studies in large building inspections issued by a college or an educational institution referred to in subparagraph a, confirming the successful completion of the program referred to in subparagraph 2 of the first paragraph of section 5, or, if that document has not yet been issued, a college studies record indicating that the program is completed and the certification obtained is an attestation of college studies;

(5)  for an application for the issue of a certificate made within less than 2 years after the end of the validity of the preceding certificate, a copy of the continuing education certificates demonstrating that the applicant has completed the number of hours of continuing education provided for in Division IV of Chapter III of this Regulation that would have applied if the certificate had remained in force and, in the case of a partial or total exemption of the continuing education requirement for a reason provided for in section 33, one of the documents provided for in the first paragraph of that section, as the case may be;

Financial guarantees

(6)  a certificate signed by an insurer authorized to carry on insurer activities in Québec or by the insurer’s authorized broker, indicating that the person is covered by a general liability insurance contract and an errors and omissions professional liability insurance contract required under subparagraph 3 of the first paragraph of section 5, which includes the following elements:

(a)  the insurance certificate number and the date of issue;

(b)  the name and domicile address of the natural person covered by the insurance contracts, the policy numbers of the contracts and their period of validity;

(c)  a confirmation that the insurance coverage includes the functions of residential building inspector of the natural person, and the coverage period;

(d)  the amount of the insurance coverage per claim and the amount of the maximum annual coverage;

Convictions

(7)  a declaration indicating whether the person has been convicted, in Canada or elsewhere, in the 5 years preceding the application, of an offence under a fiscal law or an indictable offence, or proof of pardon, if applicable;

(8)  a declaration indicating whether the person has been convicted of an offence under the Consumer Protection Act (chapter P-40.1);

Recognition and certification

(9)  a recognition that the person must comply with the requirements set out in BNQ Standard 3009-500 when acting as residential building inspector;

(10)  a certification that the information and documents provided under this section are true.

Despite the first paragraph, when applying for the amendment or renewal of a certificate, the information or document referred to in subparagraphs 1 to 5 of the first paragraph that has already been provided to the Board need not be sent again if the natural person filing the application certifies that the information or document is still accurate.

Subparagraphs a and b of subparagraph 4 of the first paragraph do not apply to a natural person who holds an accreditation issued in another Canadian province or in a Canadian territory, authorizing the person to act as residential building inspector. The person must, however, provide a copy of the accreditation, and successfully complete the examination or examinations provided for in the second paragraph of section 5.

O.C. 282-2024, s. 7.