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 25 Disposition versions

2024-10-01

25. The service contract relating to the inspection must include at the least the following elements:

(1)  the client’s name, address, telephone number and, if applicable, email address;

(2)  the name of every residential building inspector who is a party to the contract, the number of the inspector’s certificate issued by the Board, the indication “holder of a certificate issued under the Building Act”, the address and telephone number of the establishment where the inspector carries on the duties of residential building inspector, and the email address used as part of those functions;

(3)  the name and complete contact information of the sole proprietorship, partnership or legal person on whose behalf the client or residential building inspector contracts, if applicable;

(4)  for any holder of a certificate who is a party to the service contract, the name of every insurer with which the holder is covered by a general liability insurance contract or by an errors and omissions professional liability insurance contract, provided for in subparagraph 3 of the first paragraph of section 5;

(5)  the complete address of the residential building and, where applicable, that of the private portion that is the subject of the inspection, and the name of the owner of the building or of the private portion at the time of the inspection;

(6)  the category of residential building being covered by the inspection;

(7)  the edition of BNQ Standard 3009-500 that is applicable when the inspection takes place, in accordance with section 1, and an indication recalling the obligation of the holder of the certificate to comply with the requirements set out in that standard at each step of the inspection, including that of signing the inspection report;

(8)  an indication recalling the obligation of the holder of the certificate to disclose any situation of apparent conflict of interest, as soon as he or she becomes aware of it, pursuant to section 18;

(9)  if the inspection concerns a residential building in divided co-ownership, an indication of the decision made by the client as to whether or not to inspect the common areas of the building;

(10)  an indication stating that the holder of the certificate who obtains the assistance of another certificate holder to conduct certain parts of the inspection retains, pursuant to article 2101 of the Civil Code, the supervision and responsibility of the inspection, must take active part in the inspection and must sign the inspection report.

The contract must also indicate that any holder of a certificate who is a party to the contract and, where applicable, the sole proprietorship, partnership or legal person on whose behalf the holder contracts, are solidarily liable for the obligations provided for in the contract.

O.C. 282-2024, s. 25.

Not in force

In force: 2024-10-01

25. The service contract relating to the inspection must include at the least the following elements:

(1)  the client’s name, address, telephone number and, if applicable, email address;

(2)  the name of every residential building inspector who is a party to the contract, the number of the inspector’s certificate issued by the Board, the indication “holder of a certificate issued under the Building Act”, the address and telephone number of the establishment where the inspector carries on the duties of residential building inspector, and the email address used as part of those functions;

(3)  the name and complete contact information of the sole proprietorship, partnership or legal person on whose behalf the client or residential building inspector contracts, if applicable;

(4)  for any holder of a certificate who is a party to the service contract, the name of every insurer with which the holder is covered by a general liability insurance contract or by an errors and omissions professional liability insurance contract, provided for in subparagraph 3 of the first paragraph of section 5;

(5)  the complete address of the residential building and, where applicable, that of the private portion that is the subject of the inspection, and the name of the owner of the building or of the private portion at the time of the inspection;

(6)  the category of residential building being covered by the inspection;

(7)  the edition of BNQ Standard 3009-500 that is applicable when the inspection takes place, in accordance with section 1, and an indication recalling the obligation of the holder of the certificate to comply with the requirements set out in that standard at each step of the inspection, including that of signing the inspection report;

(8)  an indication recalling the obligation of the holder of the certificate to disclose any situation of apparent conflict of interest, as soon as he or she becomes aware of it, pursuant to section 18;

(9)  if the inspection concerns a residential building in divided co-ownership, an indication of the decision made by the client as to whether or not to inspect the common areas of the building;

(10)  an indication stating that the holder of the certificate who obtains the assistance of another certificate holder to conduct certain parts of the inspection retains, pursuant to article 2101 of the Civil Code, the supervision and responsibility of the inspection, must take active part in the inspection and must sign the inspection report.

The contract must also indicate that any holder of a certificate who is a party to the contract and, where applicable, the sole proprietorship, partnership or legal person on whose behalf the holder contracts, are solidarily liable for the obligations provided for in the contract.

O.C. 282-2024, s. 25.