On October 24, 2024, Me Yves Joli-Coeur, Emeritus Lawyer and president of the Regroupement des gestionnaires et copropriétaires du Québec (RGCQ), along with Réjean Touchette, a member of the RGCQ’s board of directors, spoke before the Commission de l’aménagement du territoire (National Assembly) They presented the RGCQ's position on Bill 76, a law proposed by the Minister of Labor, Jean Boulet, aimed primarily at enhancing construction quality and public safety. In a brief, the RGCQ proposed recommendations to ensure the effective implementation of these new standards while considering the unique aspects of co-ownership.
Bill 76 introduces several reforms in the Quebec construction sector, including mandatory inspections for contractors and builder-owners at key project milestones, the establishment of a public registry managed by the Régie du bâtiment du Québec (RBQ), and the introduction of an administrative sanctions regime for violations of the Building Act. Although these measures represent a significant step forward in ensuring construction quality, Me Joli-Coeur emphasized before the commission that the bill remains insufficient to fully protect co-owners in divided co-ownership buildings.
Insufficient protection for High-Rise Co-ownerships
The RGCQ expressed strong concerns about the lack of specific measures for high-rise co-ownership buildings—a glaring omission in the bill. Currently, only co-ownerships with up to four stacked private units benefit from a mandatory warranty plan, while high-rise co-ownerships are excluded, forcing their co-owners to resort to lengthy and costly legal proceedings in cases of construction defects.
The RGCQ has long advocated for extending the warranty plan to all divided co-ownership buildings, regardless of their size or height. This unequal treatment among co-owners is particularly concerning, given that high-rise co-ownerships represent a growing segment of the real estate market, with substantial financial risks tied to repair costs and construction defects.
A theoretical framework with no practical impact
Another point of critique from the RGCQ was the lack of detail in the bill concerning worksite inspections. While the bill outlines inspections at three key project stages, these milestones are yet to be defined and are expected to be established by the RBQ within two years of the law’s enactment. The RGCQ argues that this delay is too lengthy and that, although theoretically promising, these measures do not represent a genuine practical advance in ensuring the quality of co-ownership construction.
A brilliant intervention at the Commission
The intervention by Me Joli-Coeur and Réjean Touchette was both brilliant and remarkable. After a ten-minute address, they engaged in a question-and-answer session with the minister and representatives from opposition groups. Their clear and precise arguments highlighted the bill's shortcomings and advocated for a more ambitious reform to protect co-owners.
Recommendations for a more ambitious reform
The RGCQ called for stricter oversight of construction sites, particularly through more rigorous monitoring of large residential towers, which are often complex to manage. According to the RGCQ, it is essential that co-owners receive the same protection whether they live in small buildings or high-rise co-ownerships. Furthermore, Me Joli-Coeur emphasized the importance of establishing strict competency and qualification criteria for site inspectors. The bill's proposal to use “recognized individuals” by the RBQ remains vague and could lead to inconsistencies in inspection quality.
Watch the intervention replay
For those who could not attend the intervention live, the speech and Q&A session are available onYouTube. The RGCQ encourages all co-owners, managers, and stakeholders to watch this presentation, which thoroughly outlines the RGCQ's concerns and recommendations for better co-owner protection in Quebec.
