D-13.01 - Act to limit lessors’ right of eviction and to enhance the protection of senior lessees

À jour au 31 août 2024

Ce document a valeur officielle.

chapter D-13.01

Act to limit lessors’ right of eviction and to enhance the protection of senior lessees

DIVISION I PROHIBITION AGAINST EVICTING A LESSEE FROM A DWELLING

2024, c. 23, Div. I.

1. Despite article 1959 of the Civil Code, no lessee may be evicted from a dwelling before 6 June 2027 for the purposes provided for in that article.

2024, c. 23, s. 1.

2. The Government may exempt dwellings situated in any part of the territory of Québec from the application of section 1, for a determined or undetermined period.

2024, c. 23, s. 2.

3. A lessee evicted in contravention of section 1 may apply to the Administrative Housing Tribunal to claim the indemnity provided for in article 1965 of the Civil Code, damages for any injury the lessee has suffered and punitive damages.

2024, c. 23, s. 3.

DIVISION II AMENDING PROVISIONS

2024, c. 23, Div. II.

Civil Code of Québec

4. (Not in force).

2024, c. 23, s. 4.

5. (Amendment integrated into the Civil Code, a. 1959.1).

2024, c. 23, s. 5.

Act to amend various legislative provisions with respect to housing

6. (Omitted).

2024, c. 23, s. 6.

7. (Omitted).

2024, c. 23, s. 7.

DIVISION III TRANSITIONAL AND FINAL PROVISIONS

2024, c. 23, Div. III.

8. Section 1 applies to eviction processes under way on 6 June 2024.

Article 1959.1 of the Civil Code, as amended by section 5, applies to processes of eviction and of repossession of a dwelling that are under way on 6 June 2024.

Section 1 of this Act and article 1959.1 of the Civil Code, as amended by section 5, do not apply to processes of eviction or of repossession of a dwelling in the following situations:

(1)  the notice of eviction or of repossession of a dwelling was sent before 22 May 2024; or

(2)  the notice of eviction or of repossession of a dwelling was sent after 21 May 2024 and, as the case may be,

(a)  the lessee notified the lessor before 6 June 2024 of their intention to comply with the notice; or

(b)  the lessor applied to the Administrative Housing Tribunal before 6 June 2024 for authorization to evict the lessee or to repossess the dwelling.

2024, c. 23, s. 8.

9. Section 1 does not apply to the following evictions:

(1)  an eviction that concerns a dwelling situated in a part of the territory that has been exempted from the application of section 1, in accordance with section 2, insofar as the notice of eviction was sent while that part of the territory was thus exempted; or

(2)  an eviction to change the destination of a dwelling situated in a private seniors’ residence in the following situations:

In force: 2024-12-01

(a)  the lessor is the holder of an authorization to operate such a residence referred to in section 557 of the Act respecting the governance of the health and social services system (chapter G-1.021) and

i.  Santé Québec has granted the lessor’s application to revoke the authorization, in accordance with section 637 of that Act; and

ii.  the dwelling is situated in the places to which the revocation applies, in the case of a partial revocation; or

(b)  the lessor is the holder of a temporary certificate of compliance referred to in section 346.0.2 of the Act respecting health services and social services (chapter S-4.2) or a certificate of compliance referred to in section 346.0.4 of that Act and

i.  the lessor’s cessation-of-activities plan has been approved in accordance with the fourth paragraph of section 346.0.17.1 of that Act; and

ii.  the dwelling is situated in the part of the residence covered by the plan, in cases where the lessor ceases activities with respect to that part only.

2024, c. 23, ss. 9 and 10.

10. Until the date of coming into force of section 1293 of the Act respecting the governance of the health and social services system (chapter G-1.021), subparagraph b of paragraph 2 of section 9 of this Act is to be read as if “for the Inuit and Naskapi” in the introductory clause were struck out.

2024, c. 23, s. 10.

11. The Minister must publish a notice in the Gazette officielle du Québec when the vacancy rate for rental townhomes and apartments published by the Canada Mortgage and Housing Corporation with regard to all of Québec’s urban centres with a population of at least 10,000 inhabitants reaches 3%.

The first paragraph ceases to have effect on the date of publication of the notice and Division I ceases to have effect, with regard to any part of the territory of Québec, on the sixtieth day after the date of publication of the notice unless the Government decides otherwise before that last day with regard to any part of the territory of Québec the Government determines.

2024, c. 23, s. 11.

12. The Minister must, not later than 6 February 2027, report to the Government on the implementation of sections 1, 2 and 11.

The report is tabled by the Minister in the National Assembly within the next 30 days or, if the Assembly is not sitting, within 30 days of resumption.

2024, c. 23, s. 12.

13. The minister responsible for housing is responsible for the administration of this Act.

2024, c. 23, s. 13.

14. (Omitted).

2024, c. 23, s. 14.