B-1.1, r. 8 - Regulation respecting the guarantee plan for new residential buildings

Section 42 Disposition versions

2015-01-01

42. Authorization from the Board is granted to a non-profit legal person meeting the following conditions:

(1)  none of its officers lends his name to another person;

(2)  where applicable, it has been discharged if it was declared bankrupt less than 3 years ago;

(3)  it has not been issued a winding-up order;

(4)  neither it nor any of its officers has, in the 5 years preceding the application, been convicted of an offence under a fiscal law or an indictable offence connected with the activity of manager or the activities that the person carried on in the construction, insurance or security industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46) or, if convicted of such an offence, a pardon was granted;

(5)  none of its officers has been an officer of a partnership or legal person which has, in the 5 years preceding the application, been convicted of an offence under a fiscal law or an indictable offence connected with the activity of manager or the activities that the person carried on in the construction, insurance or security industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code or, if convicted of such an offence, a pardon was granted;

(6)  none of its officers was an officer of a partnership or legal person in the 12 months preceding the latter’s bankruptcy occurring less than 3 years ago;

(7)  none of its officers has been an officer of a manager whose authorization by the Board was withdrawn less than 3 years ago under section 83 of the Building Act (chapter B-1.1);

(8)  (paragraph revoked);

(9)  (paragraph revoked);

(10)  its fiscal year is the calendar year.

O.C. 841-98, s. 42; O.C. 39-2006, s. 18; O.C. 156-2014, s. 25.

2012-09-01

42. Authorization from the Board is granted to a legal person meeting the following conditions:

(1)  none of its officers lends his name to another person;

(2)  where applicable, it has been discharged if it was declared bankrupt less than 3 years ago;

(3)  it has not been issued a winding-up order;

(4)  neither it nor any of its officers has, in the 5 years preceding the application, been convicted of an indictable offence triable only on indictment and connected with the business of manager, unless it or he has obtained a pardon;

(5)  none of its officers has been an officer of a partnership or legal person which has, in the 5 years preceding the application, been convicted of an indictable offence triable only on indictment and connected with the business of manager, unless it or he has obtained a pardon;

(6)  none of its officers was an officer of a partnership or legal person in the 12 months preceding the latter’s bankruptcy occurring less than 3 years ago;

(7)  none of its officers has been an officer of a manager whose authorization by the Board was withdrawn less than 3 years ago under section 83 of the Building Act (chapter B-1.1);

(8)  its organizational structure provides that its officers and key personnel participating in policy decision-making and application of the guarantee plan are recruited from among persons who, because of their activities, are capable of contributing in a particular manner to the administration of a guarantee plan, and that at least 3 of those persons have experience in the financial institutions sector, in government and in the consumer affairs sector and are recruited from among persons proposed by the most representative consumer associations. The representatives are to be chosen from a list drawn up by the Board. The term of the representatives from the financial institutions sector, the government and the consumer affairs sector is of not less than one year and may be renewed;

(9)  its internal by-laws concerning conflict of interest in particular and applying to persons acting within its organization structure are equivalent to the rules set out in articles 1310 and following of the Civil Code. Those rules stipulate, among other things, that no contractor may have access, at any time, to personal information of a fiscal nature or to other information contained in the file of a peer; and

(10)  its fiscal year is the calendar year.

O.C. 841-98, s. 42; O.C. 39-2006, s. 18.