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

Section 128 Disposition versions

2012-09-01

128. Authorization of the Board is granted to a body meeting the following conditions, in addition to the conditions provided for by the Building Act (chapter B-1.1):

(1)  it has a mechanism for updating the list indicating each arbitrator’s area of expertise and available to any interested person on request;

(2)  it has a permanent program for training arbitrators on the content of the guarantee plan such as the guarantees themselves and related notions of civil law, the terms and conditions of contractors’ membership in the plan and the arbitration procedure;

(3)  it has a code of ethics applicable to arbitrators and a procedure to be applied in cases of disputed accounts;

(4)  it has an arbitration service accessible in each administrative region of Québec, with arbitrators living in each region;

(5)  is has an accelerated arbitration procedure consisting of, in addition to the rules prescribed in this Division, provisions concerning

(a)  the application for arbitration;

(b)  the preparation of the file;

(c)  the appointment, competence and powers of the arbitrator;

(d)  the obligation of the arbitrator to inform the parties; and

(e)  the order of the arbitration procedures, in particular the periods, the recusation and revocation of the arbitrator, the summoning of witnesses and the arbitration award; and

(6)  it has an explanatory document concerning the arbitration procedure, in particular with regard to

(a)  the right of the interested parties to be represented by a person of their choice;

(b)  the rules of procedure and of evidence to be followed;

(c)  the procedure for summoning witnesses and experts;

(d)  the possibility of inspecting the property or visiting the premises;

(e)  the recording of an agreement between the beneficiary, the contractor and the manager or of discontinuance in an arbitration award; and

(f)  the procedure for homologating an arbitration award.

O.C. 841-98, s. 128.