Regulation on the Guarantee Plan

This page gives you information on the 2015 overhaul of the Regulation respecting the guarantee plan for new residential buildings, on the case law helping the interpretation of the regulation, and on the guarantee fund.

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In 2006, the RBQ adopted the Regulation respecting the guarantee plan for new residential buildings. On January 1, 2015, it revised the regulation in order to improve protection for buyers of new residences by:

• ensuring the sustainability of the Plan
• treating all beneficiaries uniformly and equitably
• eliminating any conflict of interest or even the appearance of a conflict of interest between the manager of the Guarantee Plan and the contractors.

See the Regulation respecting the guarantee plan for new residential buildings to learn more.

Among the amendments introduced by the Regulation to amend the Regulation respecting the guarantee plan for new residential buildings, a disposition allows the RBQ to subsidize services or bodies intended to protect the beneficiaries of the Guarantee Plan. The conditions for collection of the required amounts to grant subsidies are also specified. The amounts are taken from the premium paid for a guarantee certificate. The section 140.1 of the Regulation stipulates that the amount collected, which must be intended for subsidies, is of $21.68 by certificate.

The RBQ also created a financial aid program with 2 components. This program, among other things, improves the beneficiaries’ knowledge of the Plan.

The first component of the program concerns the granting of a financial aid to support organizations intended mainly to:

• inform
• train
• help beneficiaries of the Guarantee Plan for New Residential Buildings.

This component encourages organizations with the expertise of the Plan by supporting them in their operations and, if necessary, their implantation.

The second component offers financial aid to design punctual projects that support to the program’s objectives, such as:

• the introduction of new practises
• new tools that meet the beneficiaries’ needs.

These projects must also facilitate the activities of everyone concerned by the Plan.

To know the eligibility criteria, the terms and the conditions, consult the normative framework [Fr] – PDF (227 KB) of the subsidy program:

• Form – support for organizations [Fr] – PDF (643 KB)
• Form – support for punctual projects [Fr] – PDF (690 KB)

In December 2011, the adoption of the Act to prevent, combat and punish certain fraudulent practices in the construction industry and make other amendments to the Building Act (Bill 35) allowed the creation of the guarantee fund.

This fund seeks to provide for a special reserve that can be used in cases of exceptional or unforeseeable major disasters, or if one of the managers of the Guarantee Plan for New Residential Buildings is no longer able to assume the obligations of the Guarantee Plan due to its financial position.

The Act also designated the RBQ as trustee for the guarantee fund.

According to the section 50 of the Regulation, the manager of the Guarantee Plan must collect, for each guarantee certificate, an amount of $300 that is then paid directly into the guarantee fund administered by the RBQ.

To consult the decisions made within the arbitration procedure determined by the Regulation respecting the guarantee plan for new residential buildings, go to the Find a decision page of our website. You will find the regulation annotated according to the decisions and two search tools, one by subject and one by contractor’s name.