S-8, r. 1 - By-law respecting the allocation of dwellings in low rental housing

À jour au 31 août 2020

Ce document a valeur officielle.

chapter S-8, r. 1

By-law respecting the allocation of dwellings in low rental housing

Act respecting the Société d’habitation du Québec

(chapter S-8, s. 86).

The amounts prescribed in the Regulation have been indexed as of 1 September 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 31 August 2019, page 549. (Sch. 1, 2, 3)

DIVISION I CATEGORIES AND SUBCATEGORIES OF DWELLINGS IN LOW RENTAL HOUSING

1. Dwellings in low rental housing are classified in categories A, B and C.

O.C. 1243-90, s. 1; O.C. 506-93, s. 1; O.C. 423-2011, s. 1.

1.1. For the purposes of this By-law, “handicapped person” has the meaning assigned by section 1 of the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

O.C. 423-2011, s. 2.

2. A category A dwelling may be allocated only to a household consisting of

(1)  at least one person aged 65 or older; or

(2)  at least one handicapped person who, due to motor disabilities, is likely to have difficulty entering a dwelling or moving around in it.

In the case referred to in subparagraph 1 of the first paragraph, a lessor may, by by-law, fix the minimum age of the other members of the household.

O.C. 1243-90, s. 2; O.C. 423-2011, s. 3.

3. A lessor of dwellings in low rental housing may, by by-law, reduce to not less than 50 the required age of any person referred to in subparagraph 1 of the first paragraph of section 2. The by-law of the lessor may cover one, several or all of the buildings that it administers.

O.C. 1243-90, s. 3; O.C. 506-93, s. 2; O.C. 423-2011, s. 4.

4. A category B dwelling may be allocated only to a household consisting of one or more persons, aged under 65, who are spouses or relatives, within the meaning of article 655 of the Civil Code, up to the second degree.

The household may also include dependants within the meaning of section 23 of the Individual and Family Assistance Act (chapter A-13.1.1).

O.C. 1243-90, s. 4; O.C. 506-93, s. 3; O.C. 423-2011, s. 5.

5. Notwithstanding section 4, in any building or separate part of a building including both category A and category B dwellings, a category B dwelling may be allocated only to a household whose applicant or head of the household within the meaning of section 1 of the By-law respecting the conditions for the leasing of dwellings in low-rental housing, (chapter S-8, r. 3), is not less than 50 years of age and in which the dependant children are not less than 16 years of age.

Notwithstanding the foregoing, the lessor may, by by-law, fix another age for the allocation of category B dwellings or allow them to be allocated to an applicant or head of the household who is a handicapped person without consideration of age.

O.C. 1243-90, s. 5.

6. A category C dwelling may be allocated only to a person who, because of his or her physical, emotional or psychosocial condition, needs special facilities or personal assistance services on-site, excluding food services.

Notwithstanding the foregoing, the lessor may, by by-law, authorize the allocation of not more than 20% of those dwellings to persons other than those covered by the first paragraph.

O.C. 1243-90, s. 6; O.C. 423-2011, s. 6.

6.1. Where a dwelling is allocated to a household including a handicapped person, the household may include a caregiver.

A caregiver is a person who provides care and regular support, without remuneration, to another person of the person’s family circle.

O.C. 423-2011, s. 7.

7. Dwellings in low rental housing are also classified in subcategories, depending upon whether the dwelling is a room or studio apartment or according to the number of bedrooms.

Dwellings in low rental housing constructed or arranged with a view to their occupation by a handicapped person who, due to the person’s motor disabilities, is likely to have difficulty entering a dwelling or moving around in it also constitute a subcategory.

O.C. 1243-90, s. 7; O.C. 423-2011, s. 8.

8. A dwelling in low rental housing may be allocated, depending on the subcategory to which it belongs, only in accordance with the following rules:

(1)  a studio apartment shall be allocated to a single person;

(2)  the first bedroom shall be allocated to the head of the household and his spouse, if any;

(3)  an additional bedroom shall be allocated to any additional person included in the household; 2 persons less than 7 years of age shall share a bedroom;

(4)  an additional bedroom is allocated to a handicapped person whose disability or means used to compensate for the handicap prevents the person from sharing a bedroom;

(5)  a bedroom may be occupied by 2 persons of the same sex of 7 years of age or older;

(6)  if custody of a child is shared, an additional bedroom is allocated only if the child lives with the household in question at least 40% of the time.

The lessor may, by by-law, establish allocation conditions or criteria different from those provided for in this section in order to take into account the specifics of a shared custody order, the size of the dwelling or exceptional cases.

O.C. 1243-90, s. 8; O.C. 506-93, s. 4; O.C. 423-2011, s. 9.

DIVISION II PUBLIC NOTICE OF SELECTION

9. When a dwelling is offered for lease for the first time, the lessor must publish a notice likely to reach persons residing in the territory where the dwelling is offered for lease. The same is applicable if the lessor expects to allocate a dwelling when the list of eligible persons is exhausted.

O.C. 1243-90, s. 9; O.C. 423-2011, s. 10.

10. The notice must indicate the following particulars:

(1)  the name and address of the lessor;

(2)  the selection territory covered by section 12;

(3)  the number of dwellings available by category and subcategory;

(4)  the conditions or criteria for acceptance of an application to lease and the conditions or criteria of eligibility for leasing;

(5)  the registration procedures including the address to which the application must be submitted and the time limit for submitting it, which must be not less than 30 days from the publication of the notice.

It must also indicate that in allocating dwellings, the lessor will exercise no discrimination in violation of the Charter of human rights and freedoms (chapter C-12).

O.C. 1243-90, s. 10.

DIVISION III APPLICATION AND REGISTER

11. An application for the leasing of a dwelling in low rental housing is made in writing on the form provided by the lessor and must contain the following information:

(1)  the applicant’s surname, first name, date of birth, social insurance number and telephone number and, if applicable, the surname, first name, date of birth, social insurance number and telephone number of every member of the household and their relationship with the applicant;

(2)  the applicant’s status as a Canadian citizen or permanent resident;

(3)  a description of the applicant’s level of independence;

(4)  the applicant’s place of residence and, if applicable, the address of each of the applicant’s places of residence in the 24 months preceding the application;

(5)  the applicant’s status as a handicapped person or the status as a handicapped person or as a caregiver of a member of the applicant’s household;

(6)  the applicant’s income and the income of the applicant’s household within the meaning of section 15;

(7)  the total value of the applicant’s property and of the property of the applicant’s household;

(8)  the shared custody of one or more of the applicant’s children; and

(9)  the applicant’s preferences as regards the location of a dwelling in the city or municipality concerned. The lessor must establish, by by-law, a list of sectors from which the applicant may choose.

The application must be accompanied by documents attesting to the information referred to in subparagraphs 2 to 8 of the first paragraph.

The total value of the applicant’s property and of the property of the applicant’s household is the market value of the property less the value of any real rights encumbering the property.

The property listed in paragraphs 1 and 3 to 9 of section 146 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1) is not taken into account to establish the total value of the applicant’s property and the property of the applicant’s household.

O.C. 1243-90, s. 11; O.C. 423-2011, s. 11.

12. The lessor shall enter in the register of applications for the lease of a dwelling in low rental housing to be kept by him for the selection territory any applications meeting the provisions of section 11.

The selection territory shall correspond to that served by the lessor. Notwithstanding the foregoing, a lessor that serves more than one municipality shall keep a register for each municipality. It may also, in a municipality of 50,000 or more inhabitants, define by by-law a selection territory smaller than the one it serves; the same applies where the municipality served results from the amalgamation of several municipalities.

O.C. 1243-90, s. 12; O.C. 506-93, s. 5.

13. Within 30 days following receipt of an application for a lease, the lessor must acknowledge receipt and inform the applicant of the decision to enter or not to enter his application in the register.

In the case of a refusal, the lessor must inform the applicant of the reasons for the decision and must indicate to him that he may apply to the Administrative Housing Tribunal to have the decision reviewed.

O.C. 1243-90, s. 13.

DIVISION IV ELIGIBILITY

14. An applicant meeting the following conditions shall be eligible to lease a dwelling in low rental housing in the category or subcategory to which he is entitled under this Regulation:

(1)  he is entered on the register of applications to lease;

(2)  he can take care of his essential needs independently or with outside help or the help of a caregiver, in particular those needs related to personal care and ordinary household tasks;

(3)  he is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) and is a Québec resident;

(4)  for at least 12 months in the 24 months preceding the application or re-entry, the applicant has resided in Québec or, if the by-law of the lessor provides for it, in the selection territory of the lessor;

(5)  his income and the incomes of his household are equal to or less than the maximum amount applicable to him under the Canada-Québec Global Agreement on Social Housing.

For the leasing of a dwelling owned by a rental housing cooperative or a non-profit organization, the applicant must also meet the conditions for eligibility established by the constituting act or a by-law of the cooperative or organization.

The residency condition in subparagraph 4 of the first paragraph does not apply to

(1)  a handicapped person who, due to a motor disability, is likely to have difficulty entering a dwelling or moving around in it, or whose household includes such a person; or

(2)  a person who is a victim of domestic violence as indicated in an attestation issued by a shelter for such persons, a police force or an institution of the health and social services network.

O.C. 1243-90, s. 14; O.C. 506-93, s. 6; O.C. 423-2011, s. 12.

15. The income of the applicant and the incomes of his household correspond to the monthly average of all the gross incomes earned during the calendar year preceding the date on which the application is submitted.

Items excluded from income in accordance with sections 2 and 4 of the By-law respecting the conditions for the leasing of dwellings in low-rental housing (chapter S-8, r. 3) do not form part of those incomes.

O.C. 1243-90, s. 15; O.C. 423-2011, s. 13.

16. Notwithstanding section 14, the following persons are not eligible to lease a dwelling in low rental housing:

(1)  an applicant who was the lessee of a dwelling in low rental housing and whose lease was cancelled under article 1860 or 1971 of the Civil Code;

(2)  an applicant who abandoned a dwelling in low rental housing without notifying the lessor;

(3)  an applicant whose household includes a member who is ineligible under subparagraph 1 or 2.

Such ineligibilities shall last for a period not longer than 3 years from the date on which the lease is cancelled or from the date of abandonment.

(4)  An applicant or, where applicable, a member of his household who is indebted to a lessor of dwellings in low rental housing for failure to pay rent or for damage caused to the immovable of the lessor, until the debt is extinguished;

(5)  an applicant whose total property value and, where applicable, that of the members of his household exceeds the maximum amount determined by by-law of the lessor, where applicable;

(6)  an applicant registered as a full-time student in an educational institution; in this subparagraph, the expression “full-time” has the meaning given to it by sections 9 and 10 of the Act respecting financial assistance for education expenses (chapter A-13.3).

Subparagraph 6 of the first paragraph does not apply to an applicant

(1)  who lives with a dependent child or who lives as though married with a person who lives with a dependent child;

(2)  who is at least 20 weeks pregnant; or

(3)  whose capacity for employment is severely limited within the meaning of the Individual and Family Assistance Act (chapter A-13.1.1) and who participates in a Social Assistance and Support Program or measure offered pursuant to that Act.

O.C. 1243-90, s. 16; O.C. 506-93, s. 7; O.C. 423-2011, s. 14; S.Q. 2019, c. 28, s. 117.

17. Where the demand for dwellings in low rental housing is not as high as the number of dwellings available, the lessor may, by by-law:

(1)  (paragraph revoked);

(2)  reduce the age required to be allocated a Category A dwelling in accordance with section 3; or

(3)  amend the classification of a dwelling.

O.C. 1243-90, s. 17; O.C. 506-93, s. 7; O.C. 423-2011, s. 15.

18. The lessor shall submit to the selection committee for its opinion any application for the lease of a dwelling in low rental housing that is entered in the register.

O.C. 1243-90, s. 18.

19. Within 60 days following entry of an application in the register and after receiving the opinion of the selection committee, the lessor shall inform the applicant of the decision to enter him or not to enter him on the list of eligible persons for the lease of dwelling and of his classification, if any.

Nevertheless, the lessor may defer examination of the eligibility of an application entered in the register until the time when he expects to allocate dwellings; where the lessor decides to do so, he must inform the applicant of that decision within the time limit indicated above.

O.C. 1243-90, s. 19.

20. Where the lessor refuses to enter the applicant on the list of eligible persons, the lessor must inform the applicant within the same time limit of the reasons for that decision and indicate to him that he may apply to the Administrative Housing Tribunal to have the decision reviewed.

O.C. 1243-90, s. 20.

21. A lessor shall enter on the list of eligible persons an applicant who is eligible, under the conditions prescribed by Division VI.

O.C. 1243-90, s. 21.

DIVISION V CLASSIFICATION

22. Every eligible person is assigned a classification, first on the basis of the category and subcategory of dwelling to which the person is entitled, then on the basis of the evaluation of the priority of the person’s application.

O.C. 1243-90, s. 22; O.C. 423-2011, s. 16.

23. Priority applications must be ranked as follows:

(1)  a person whose lease is resiliated under article 1974.1 of the Civil Code or who is a victim of domestic violence as indicated in an attestation issued by a shelter for such persons, a police force or an institution of the health and social services network;

(2)  an applicant whose dwelling is destroyed by a disaster or declared unfit for habitation by the municipality for more than 30 days, provided that an application is submitted to the lessor within 15 days following the occurrence;

(3)  an applicant evicted as a consequence of the application of a program carried out under section 54, 73 or 79 of the Act respecting the Société d’habitation du Québec (chapter S-8) or as a consequence of an expropriation or a voluntary acquisition by a municipality or by an agency constituted as an agent of the municipality, provided that an application is submitted to the lessor within 6 months following the date of departure from the dwelling;

(4)  (paragraph revoked);

(5)  an applicant who lives in a dwelling in low rental housing and whose health or safety or, where applicable, that of a member of his household, requires that he be relodged;

(6)  (paragraph revoked);

(7)  an applicant who is the lessee of the housing cooperative or non-profit organization that receives benefits under the Rent Supplement Program;

(8)  a lessee who is covered by article 1990 of the Civil Code or makes an application for relocation identified as priority applications by by-law of the lessor.

O.C. 1243-90, s. 23; O.C. 506-93, s. 8; O.C. 423-2011, s. 17.

23.1. The lessor must, by by-law, provide for a procedure to manage the applications referred to in section 23 and applications for relocation that are submitted and the eligibility criteria for relocation.

O.C. 423-2011, s. 18.

24. (Revoked).

O.C. 1243-90, s. 24; O.C. 423-2011, s. 19.

25. (Revoked).

O.C. 1243-90, s. 25; O.C. 423-2011, s. 19.

26. Where the same score is awarded to 2 or more applicants, precedence on the eligibility list is granted to the earliest application or, if applications were made at the same time, to the application of the household with the lowest income.

O.C. 1243-90, s. 26; O.C. 423-2011, s. 20.

27. The classification criteria and the number of points that may be awarded for each criterion are as follows:

(1)  the applicant’s income is below the income established in Schedule 1, 2 or 3 according to the type of household and the region concerned: respectively 6, 4 or 2 points;

(2)  the age of the application for a lease: 2 points per year for a maximum of 6 points; and

(3)  the number of minor children who are in the custody of the applicant at least 40% of the time: 1 point per child.

Despite subparagraph 1 of the first paragraph, a lessor may, by by-law, allocate 6 points to households consisting of only one person when that person

(1)  is aged 65 or older and his or her income is equal to or less than the maximum amount that a person may receive as old age security pension and guaranteed income supplement under the Old Age Security Act (R.S.C. c. O-9); or

(2)  has an income equal to the maximum amount that a person may receive under the Social Solidarity Program, as established in the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1).

A lessor may provide, by by-law, for the allocation of additional points when one or more of the following situations occur:

(1)  the applicant is a handicapped person who, due to the person’s motor disability, cannot enter his or her domicile or move around in it safely to perform daily activities;

(2)  the dwelling occupied by the applicant is located in an environment that is prejudicial to the applicant;

(3)  the applicant meets general criteria to ensure greater social harmony in the immovables managed by the lessor; or

(4)  the applicant resides in the selection territory of the lessor, is a handicapped person having a motor disability likely to prevent the applicant from entering a dwelling or moving around in it and the immovable concerned includes category C dwellings only.

The total of the points allocated in the situations covered by the third paragraph may not exceed 5 points.

Schedules 1, 2 and 3 establish the maximum income at which a household, according to the household type and the region concerned, has to spend more than 60%, 40% or 30% of the household income to afford the median market rent. The income provided for in those Schedules is adjusted annually on the basis of the median market rents established for the purposes of the Canada-Québec Global Agreement on Social Housing. The Société informs the public annually of the indexation by a notice published in the Gazette officielle du Québec.

O.C. 1243-90, s. 27; O.C. 506-93, s. 9; O.C. 423-2011, s. 21.

28. Subject to the application of the Canada-Québec Global Agreement, where the lessor is a housing cooperative or a non-profit organization other than a municipal housing bureau, it may, by by-law, fix different classification criteria and award points for them that are different from what is provided for in section 27.

O.C. 1243-90, s. 28; O.C. 506-93, s. 10; O.C. 423-2011, s. 22.

29. (Revoked).

O.C. 1243-90, s. 29; O.C. 423-2011, s. 23.

30. (Revoked).

O.C. 1243-90, s. 30; O.C. 423-2011, s. 23.

31. (Revoked).

O.C. 1243-90, s. 31; O.C. 423-2011, s. 23.

32. (Revoked).

O.C. 1243-90, s. 32; O.C. 423-2011, s. 23.

33. (Revoked).

O.C. 1243-90, s. 33; O.C. 767-2006, s. 1; O.C. 423-2011, s. 23.

34. (Revoked).

O.C. 1243-90, s. 34; O.C. 423-2011, s. 23.

35. (Revoked).

O.C. 1243-90, s. 35; O.C. 506-93, s. 11; O.C. 423-2011, s. 23.

36. (Revoked).

O.C. 1243-90, s. 36; S.Q., 1992, c. 21, s. 375; O.C. 423-2011, s. 23.

37. (Revoked).

O.C. 1243-90, s. 37; O.C. 506-93, s. 12; O.C. 423-2011, s. 23.

38. (Revoked).

O.C. 1243-90, s. 38; O.C. 423-2011, s. 23.

39. (Revoked).

O.C. 1243-90, s. 39; O.C. 423-2011, s. 23.

40. (Revoked).

O.C. 1243-90, s. 40; O.C. 423-2011, s. 23.

DIVISION VI LIST OF ELIGIBLE PERSONS

41. The lessor shall, for each register the lessor keeps under section 12, draw up a list of eligible persons by category and subcategory of dwelling by entering the names of the eligible persons, taking into account their classification.

Applications are ranked in decreasing order of the scores obtained in the evaluation and, if applicable, according to the priority that was granted to them by by-law of the lessor made under section 23.1.

Where applications obtained the same score, precedence is granted to the earliest application or, if applications were made at the same time, to the application of the household with the lowest income.

O.C. 1243-90, s. 41; O.C. 506-93, s. 13; O.C. 423-2011, s. 24.

42. Registration on the list of eligible persons shall be valid for one year. Despite the foregoing, the validity period of a first registration may be different if the lessor provides for a different period by by-law.

At least 30 days before the expiry of a registration, a lessor shall inform in writing the person in whose name the registration is made that it will be struck off the list of eligible persons unless, before the date fixed for expiry of the registration, he informs the lessor in writing that he still wishes to obtain a dwelling in low rental housing, indicating any change in the particulars furnished relating to his application.

The second paragraph does not apply where the examination of the eligibility of an application is deferred pursuant to the second paragraph of section 19.

O.C. 1243-90, s. 42; O.C. 506-93, s. 14; O.C. 423-2011, s. 25.

43. The list of eligible persons shall be updated periodically, as required, taking into account new eligible applications, names struck off, names re-entered and applications to which another classification has been assigned.

O.C. 1243-90, s. 43.

44. Any person entered on the list of eligible persons must inform the lessor in writing of any change in his situation or in that of his household that is of a nature so as to affect the eligibility or the classification of his application.

O.C. 1243-90, s. 44.

45. A lessor must allow consultation of the list of eligible persons in the lessor’s office. For that purpose, the lessor must use a system concealing the identity of the persons entered on the list.

If the lessor has no office, the lessor must allow consultation of the list at the office of the lessor’s secretary or other representative or by means of electronic dissemination.

O.C. 1243-90, s. 45; O.C. 423-2011, s. 26.

DIVISION VII ALLOCATION OF DWELLINGS

46. A lessor shall allocate a vacant dwelling to an applicant in the order of priority determined on the list of eligible persons.

Nevertheless, the lessor may, by by-law, reserve a dwelling for a lessee-superintendent in a building comprising mainly category A or C dwellings.

O.C. 1243-90, s. 46.

47. A lessor shall inform an applicant who is entitled to a dwelling in low rental housing that a dwelling has been allocated to him.

O.C. 1243-90, s. 47; O.C. 423-2011, s. 27.

48. A time limit of 7 days is allowed an applicant to whom a dwelling is offered to declare his acceptance or refusal. Failure to reply within that time shall be considered to be a refusal.

O.C. 1243-90, s. 48.

DIVISION VIII STRIKING OFF THE LIST AND RECLASSIFICATION

49. A lessor may, after receiving the opinion of the selection committee, strike off the list of eligible persons any person no longer meeting the conditions for eligibility or may reclassify a person whose changed situation would affect his classification.

O.C. 1243-90, s. 49.

50. A lessor shall strike off the list of eligible persons any person failing to send to the lessor the particulars mentioned in section 44 within the time limit granted to him.

O.C. 1243-90, s. 50.

51. A lessor shall strike off the list of eligible persons the name of an applicant refusing a dwelling offered to him.

Such striking off shall be valid for a period of one year from the date on which the applicant refused to lease a dwelling.

A lessor shall also strike off that list the name of an applicant to whom a dwelling is allocated and who refuses to take possession thereof.

Such striking off shall be valid for a period of not more than 3 years from the date on which the lease was signed.

O.C. 1243-90, s. 51; O.C. 506-93, s. 15; O.C. 423-2011, s. 28.

52. Notwithstanding section 51, an applicant refusing to lease a dwelling offered to him by the lessor shall keep his rank and classification on the list of eligible persons and his entitlement to lease such a dwelling in the following cases:

(1)  an accident involving irresistible force prevents him from occupying a dwelling within 90 days from receipt of the notice;

(2)  the applicant or a member of his household is a handicapped person, and the dwelling offered contains architectural barriers causing him difficulties of access or circulation;

(3)  by reason of special circumstances, on submission of vouchers, accepting the dwelling would probably make the applicant’s economic situation or psychological state much worse;

(4)  the dwelling does not correspond to the applicant’s preferences as stated in accordance with subparagraph 9 of the first paragraph of section 11.

O.C. 1243-90, s. 52; O.C. 423-2011, s. 29.

53. Any decision made under sections 49 to 51 must be accompanied by reasons and the interested party must be informed in writing. The lessor must also inform the party that he may, within 30 days from the sending of the decision, apply to the Administrative Housing Tribunal for a review of the decision to strike him off the list or of his having been entered in a category or subcategory of dwelling.

O.C. 1243-90, s. 53.

DIVISION IX SELECTION COMMITTEE

54. A lessor shall form a selection committee consisting of not less than 3 members including:

(1)  a representative of the lessor designated by a vote of the members of the board of directors or, in the case of the Société, a representative designated by the Société;

(2)  a representative of the lesses elected by all the lesses of dwellings in low rental housing of the lessor. Failing election of a representative by them within 60 days of receipt of a notice of formation of the selection committee, the representative shall be designated by a vote of the members of the board of directors of the lessor. The representative designated by the board of directors remains in office until the lessees elect their representative among the lessees or, failing lessees, among the members of the socio-economic groups of the territory served by the lessor who are not members of its board of directors;

(3)  a representative of the socio-economic groups designated by a vote of the members of the board of directors of the lessor among the members of the socio-economic groups of the territory served by the lessor.

Where the lessor is a housing cooperative, all members of the selection committee shall be elected by the general assembly.

Where a lessor administers 100 dwellings or fewer, the selection committee may, at the choice of the lessor, consist of not fewer than 3 members of the board of directors, including 1 representative of the lessees.

In a municipality of more than 50,000 inhabitants, the lessor may form a selection committee per selection territory.

O.C. 1243-90, s. 54; O.C. 506-93, s. 16; O.C. 423-2011, s. 30.

55. Members shall serve on the committee for a term not exceeding 3 years; that term is renewable.

O.C. 1243-90, s. 55.

56. The terms of reference of the committee are to offer its opinion to the lessor concerning the eligibility of the applicants and the classification of the eligible persons.

O.C. 1243-90, s. 56.

57. The opinions of the committee shall be expressed by majority vote.

O.C. 1243-90, s. 57.

58. Members of the committee shall give an undertaking in writing to perform their duties honestly and impartially and not to reveal to anyone except to the lessor the contents of the committee’s deliberations.

O.C. 1243-90, s. 58.

59. Any vacancy occurring on the committee shall be filled using the method of designation prescribed for the member to be replaced.

O.C. 1243-90, s. 59.

60. This By-law does not apply to dwellings located north of the 55th parallel and serving the Inuit community.

O.C. 1243-90, s. 60.

61. This By-law replaces the By-law respecting occupancy standards of dwellings in low rental housing (O.C. 735-89, 89-05-17).

O.C. 1243-90, s. 61.

62. (Omitted).

O.C. 1243-90, s. 62.

63. The Société must, no later than 1 September 2016, report to the Minister on the implementation of these amendments to the By-law respecting the allocation of dwellings in low rental housing (chapter S-8, r. 1) and on the advisability of amending it.

O.C. 423-2011, s. 31.

SCHEDULE 1

(s. 27, 5th par.)

Maximum admissible income for a score of 6

La version anglaise des annexes est disponible sur demande auprès de la Société d’habitation du Québec.

O.C. 1243-90, Sch. I; O.C. 423-2011, s. 32.

SCHEDULE 2

(s. 27, 5th par.)

Maximum admissible income for a score of 4

La version anglaise des annexes est disponible sur demande auprès de la Société d’habitation du Québec.

O.C. 1243-90, Sch. II; O.C. 506-93, s. 17; O.C. 423-2011, s. 32.

SCHEDULE 3

(s. 27, 5th par.)

Maximum admissible income for a score of 2

La version anglaise des annexes est disponible sur demande auprès de la Société d’habitation du Québec.

O.C. 1243-90, Sch. III; O.C. 423-2011, s. 32.

SCHEDULE 4

(Replaced)

O.C. 1243-90, Sch. IV; O.C. 423-2011, s. 32.

SCHEDULE 5

(Replaced)

O.C. 1243-90, Sch. V; O.C. 423-2011, s. 32.

TRANSITIONAL

2011

(O.C. 423-2011)Section 33. For a period of 1 year as of 1 September 2011, the By-law respecting the allocation of dwellings in low rental housing, as it existed on the day preceding 1 September 2011, continues to apply to applications entered on the list of eligible persons on that date. Only priority applications according to section 23, as amended by Order in Council 423-2011, may have precedence over an application entered on the list of eligible persons on the day preceding 1 September 2011. At the end of that period, the applications will be reclassified using the classification criteria in the By-law respecting the allocation of dwellings in low rental housing, as amended by Order in Council 423-2011.

REFERENCES

O.C. 1243-90, 1990 G.O. 2, 2433

O.C. 506-93, 1993 G.O. 2, 2429

O.C. 767-2006, 2006 G.O. 2, 2991

O.C. 423-2011, 2011 G.O. 2, 1037

S.Q. 2019, c. 28, s. 117

S.Q. 2019, c. 28, s. 158