Bill 16 – The Most Significant Condominium Reform in Québec

Implementation

Who can prepare the maintenance logbook?

According to the regulation, anyone who meets the following conditions may prepare the building’s maintenance logbook:

1. They are a member of one of the following professional orders:

• Ordre des ingénieurs du Québec (OIQ) ;
• Ordre des évaluateurs agréés du Québec (OEAQ);
• Ordre des architectes du Québec (OAQ) ;
• Ordre des technologues professionnels du Québec (OTPQ);

2. Their professional activities are primarily related to real estate management, construction, renovation, or inspection;

3. They are not a member of the board of directors, nor a manager, co-owner, or resident of the building, nor the spouse of such a person. They are also not a shareholder, officer, director, or employee of a legal person that is a co-owner of the building.

What must be included in the maintenance logbook?

The building’s maintenance logbook must include an inventory and description of the common areas of the building, as well as the materials, devices, and equipment they contain. It must also include an inventory and description of the materials, devices, and equipment installed in the private portions of the building for which the syndicate is responsible for maintenance.

For each of the materials, devices, and equipment mentioned above, the following information and documents must be included in the maintenance logbook:

1. The installation date, if known;

2. The required maintenance work (excluding the work referred to in section 3), the frequency with which it must be performed, and the dates on which it was carried out;

3. Routine repairs and the dates on which they were performed;

4. Contracts entered into for the performance of the maintenance work and routine repairs referred to in points 2 or 3, if applicable;

5. Any applicable warranty contracts;

6. Any inspection or expert reports, if applicable;

7. Manufacturer maintenance manuals, if applicable.

 

• The maintenance logbook must also include, in a separate section dedicated exclusively to this purpose, an assessment of the condition and remaining useful life of the materials, devices, and equipment described in the logbook. Based on this assessment, the logbook must provide a description of the major repairs and replacements to be carried out on each of these materials, devices, and equipment over the next 25 years. For each major repair and replacement, the planned year of completion must be indicated.

Major repairs and replacements that have been carried out, along with their completion dates, must be recorded in the maintenance logbook. Supporting documents related to these works—such as plans and specifications, as well as contracts—must also be included.

Consult the RGCQ’s Corporate Member Directory or Supplier Directory to find a qualified professional who can assist you in preparing your maintenance logbook.

How often must it be updated?

The maintenance logbook must be updated at least once a year. The update consists of adding any new information or documents related to the elements that are required to be included in the logbook.

Review

Who can review the maintenance logbook?

Only a person who is authorized to prepare the maintenance logbook may review it. This person must carry out a complete review of the logbook, taking into account, in particular, the information and documents added during the annual updates.

How often must the logbook be reviewed?

The maintenance logbook must be reviewed at least every 5 years. However, the review may be carried out at least every 10 years if all of the following conditions are met:

1. The building contains no more than 8 private portions;

2. The private portions of the building are intended for residential use;

3. The building has no more than 2 fully above-ground storeys.

If any work that was required or planned in the maintenance logbook has not been carried out, the revised logbook must mention it and indicate the reasons why it was not completed.

Declaration by the Mandated Person

The person who prepares or reviews the maintenance logbook must sign a declaration stating that they have personally:

1. Conducted an on-site inspection of the common areas of the building and of the materials, devices, and equipment referred to in the section “What must be included in the maintenance logbook”;

2. Reviewed the information and documents contained in the maintenance logbook.

This declaration must be dated and included in the logbook.

When will a maintenance logbook become mandatory?

The draft regulation also provides that maintenance logbooks prepared within the two years preceding its coming into force will remain valid for a period of five years. This provision allows syndicates of co-owners to gradually comply with the new regulatory requirements.

Legal provision regarding the establishment of the maintenance logbook:

Article 1070.2 of the Civil Code of Québec, as amended by Bill 31. You can find it at the bottom of the page, under the “Legal Provisions” tab in the “Learn More” section.

Who can carry out the contingency fund study?

• Either a person who meets the same requirements as those authorized to prepare the maintenance logbook;
• Or a member of the Ordre des comptables professionnels agréés du Québec (Québec CPA Order) who is not a member of the board of directors, nor a manager, co-owner, or resident of the building, nor the spouse of such a person, and who is not a shareholder, officer, director, or employee of a legal person that is a co-owner of the building.

Who is responsible for obtaining the study?

It is the responsibility of the board of directors to obtain these documents. This obligation will fall to the developer if they still control the syndicate at the time the regulation comes into force, or if they have just recently lost control.

How often must the contingency fund study be conducted?

The board of directors must obtain a contingency fund study at least every five years. The study must be based on the description—contained in the maintenance logbook, in accordance with the section “What must be included in the logbook?”—of the major repairs and replacements to be carried out over the next 25 years.

What must be included in the contingency fund study?

The contingency fund study of a co-ownership is a systematic evaluation of the long-term financial needs required to ensure the maintenance, repair, and replacement of the building’s common areas.

At a minimum, the study must include the following information:

1. The total amount in the contingency fund as of the date the study is conducted;

2. An estimate of the cost of each major repair and each replacement, based on the planned year of completion indicated in the maintenance logbook;

3. A recommendation on the minimum amount that should be available in the contingency fund at the beginning of each year, and on the annual contributions that should be made;

4. The calculations used to determine the amounts referred to in the two previous points.

Consult the RGCQ’s Corporate Member Directory or Supplier Directory to find a qualified professional to carry out your contingency fund study.

What happens if a developer controls the co-ownership?

If a developer controls the co-ownership, the amounts to be contributed by the co-owners to the contingency fund must correspond to 0.5% of the building’s reconstruction value, until the developer obtains a contingency fund study.

When will a contingency fund study become mandatory?

The draft regulation provides that contingency fund studies carried out within the two years preceding its coming into force will remain valid for a period of five years. This provision will allow syndicates of co-owners to gradually comply with the new regulatory requirements.

Legal provision concerning the mandatory contingency fund study:

Article 1071 of the Civil Code of Québec, as amended by Bill 31. You can find it at the bottom of the page, under the “Legal Provisions” tab in the “Learn More” section.

Who makes the request?

It is the co-owners who must request the attestation from the syndicate of co-owners, and the law grants the syndicate 15 days to produce it.

What is included in the attestation?

• Contingency fund: The current total amount in the contingency fund, along with the recommendations from the contingency fund study regarding the minimum amount that should be available at the beginning of the year.

• Common expenses: The total amount of contributions required and paid by co-owners over the past two years for common expenses.

• Available liquidities: The total amount of liquid assets available to the syndicate to cover the co-ownership’s regular operating expenses.

• Financial statements: The annual surplus or deficit shown in the co-ownership’s two most recent financial statements.

• Insurance: A statement confirming that the syndicate holds the insurance policies it is required to maintain under Article 1073 of the Civil Code of Québec. This includes the total amount in the self-insurance fund and the highest deductible provided for in those policies.

• Inspections and expert assessments: A summary of inspections and expert assessments conducted by the syndicate in the past five years concerning the overall condition of the building or its major components.

• Claims: A summary of claims that have affected the private or common portions of the building over the past five years.

• Repairs and replacements: A summary of major repairs and replacements carried out on the common areas in the past five years, as well as those planned for the next ten years or in the short term due to unforeseen circumstances.

• Legal proceedings: A summary of ongoing legal proceedings involving the syndicate.

When will it become mandatory to provide the attestation?

The requirements related to the attestation on the condition of the co-ownership will come into force at the same time as the regulation. The exact date is still to be determined, but it is expected to be around November or December 2025.

Unlike the maintenance logbook and the contingency fund study, no transition period is planned.

Legal provision concerning the attestation on the condition of the co-ownership:
Article 1068.1 C.c.Q. You can find it at the bottom of the page, under the “Legal Provisions” tab in the “Learn More” section.