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

Section 43 Disposition versions

2015-01-01

43. A non-profit legal person applying for authorization to manage an approved plan shall supply the Board with

(1)  its name, the address of its head office and, where applicable, the number of the declaration of registration deposited in the enterprise register and its letters patent, as well as the name, address of domicile, date of birth and telephone number of all its officers, managers and of the person responsible for its operations in Québec, where applicable;

(2)  information concerning its legal structure, a certified true copy of its deed of incorporation and any amendments thereto;

(3)  any judgment delivered against it or any of its officers, in the 5 years preceding the application, for an indictable offence triable only on indictment and connected with the business of manager, unless it or he has obtained a pardon;

(4)  2 copies of its guarantee plan and of its guarantee contract;

(5)  the security prescribed in section 58, a certificate of insurance coverage required under section 62 or any other equivalent guarantee, and a certified true copy of the text of any insurance or equivalent guarantee prescribed in section 47, in the second paragraph of section 48 and in section 63;

(6)  the inspection program and the pre-established list of items to be checked, provided for in sections 68 and 69;

(7)  for the first 3 years of operation, a business plan;

(8)  a copy of its internal by-laws; and

(9)  financial forecasts prepared in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards, including an actuary’s opinion on the assumptions used in their preparation.

It shall also supply the Board with a statement signed by an officer generally or specifically authorized for that purpose certifying

(1)  that the officer is filing the application for authorization on behalf of the non-profit legal person;

(2)  that neither the non-profit legal person nor any of its officers is in any of the situations specified in paragraph 2, 3, 4, 5, 6 or 7 of section 42, where applicable; and

(3)  that the non-profit legal person undertakes to pay, before the beginning of its operations, the contribution indicated in section 47.

O.C. 841-98, s. 43; O.C. 156-2014, s. 27.

2012-09-01

43. A legal person applying for authorization to manage an approved plan shall supply the Board with

(1)  its name, the address of its principal establishment and, where applicable, the number of the declaration of registration deposited in the enterprise register, as well as the name, address of domicile, date of birth, social insurance number and telephone number of all its officers and of the person responsible for its operations in Québec, where applicable;

(2)  information concerning its legal structure, a certified true copy of its deed of incorporation and any amendments thereto;

(3)  any judgment delivered against it or any of its officers, in the 5 years preceding the application, for an indictable offence triable only on indictment and connected with the business of manager, unless it or he has obtained a pardon;

(4)  2 copies of its guarantee plan and of its guarantee contract;

(5)  the security prescribed in section 58, a certificate of insurance coverage required under section 62 or any other equivalent guarantee, and a certified true copy of the text of any insurance or equivalent guarantee prescribed in section 47, in the second paragraph of section 48 and in section 63;

(6)  the inspection program and the pre-established list of items to be checked, provided for in sections 68 and 69;

(7)  for the first 3 years of operation, a business plan as defined in the “Dictionnaire de la comptabilité et de la gestion financière”, by L. Ménard et al., Canadian Institute of Chartered Accountants, Ordre des experts comptables-France, Institut des Réviseurs d’Entreprises-Belgique, 1994;

(8)  a copy of its internal by-laws; and

(9)  financial forecasts prepared in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards, including an actuary’s opinion on the assumptions used in their preparation.

It shall also supply the Board with a statement signed by an officer generally or specifically authorized for that purpose certifying

(1)  that the officer is filing the application for authorization on behalf of the legal person;

(2)  that neither the legal person nor any of its officers is in any of the situations specified in paragraph 2, 3, 4, 5, 6 or 7 of section 42, where applicable; and

(3)  that the legal person undertakes to pay, before the beginning of its operations, the contribution indicated in section 47.

O.C. 841-98, s. 43.