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.

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.