The “Gouvernement du Québec O.C. 282-2024” regulation establishes new rules for residential building inspections in Quebec, particularly in the context of real estate transactions and divided co-ownership (condominiums). This regulation introduces standards and certification requirements for building inspectors to ensure professional and ethical practices.

The regulation mandates that inspections conducted during residential property transfers in Quebec must adhere to standards set by the Bureau de normalisation du Québec (BNQ). These standards ensure that inspections meet high technical and ethical criteria, affecting both sellers and buyers involved in property transactions.

To perform inspections, inspectors must hold certification issued by the Régie du bâtiment du Québec (RBQ). There are two classes of certification: Class 1, which covers small residential buildings and private portions of divided co-ownership under BNQ Standard 3009-500, and Class 2, which applies to larger residential buildings. To obtain certification, inspectors must complete at least 600 hours of college-level education, combining theoretical and practical components. Class 2 certification also requires at least two years of experience inspecting category 1 residential buildings.

Building inspectors are required to maintain professional liability insurance, ensuring protection for both inspectors and clients in the event of errors or omissions. Class 1 inspectors must have coverage of at least $1,000,000 per claim, while Class 2 inspectors need at least $2,000,000 in coverage. This insurance safeguards clients in the event of inspection-related disputes or issues.

Certified inspectors are also obligated to pursue continuing education to keep their certification up to date. This ongoing education ensures they remain knowledgeable about the latest building codes, inspection methods, and BNQ standards. Continuing education must be demonstrated when renewing certification.

The regulation outlines the fees and administrative processes associated with obtaining, renewing, or amending certification. Inspectors must submit their applications within specific timelines, along with the required documents and fees, or risk losing their certification. Additionally, inspectors certified in other Canadian provinces or territories can apply for certification in Quebec, provided they pass the necessary Quebec-specific examinations.

Non-compliance with the regulation, such as conducting inspections without proper certification or failing to meet BNQ technical standards, may result in penalties, including suspension, fines, or legal actions.

This regulation establishes a structured framework for residential building inspections in Quebec, and is intended to improve the safety, quality, and transparency of inspections, particularly in real estate transactions.

Quebec (M.O., 2024-02) February 28, 2024