Under the Act respecting the Régie du logement (L.R.Q., c. R-8.1), except for rare exceptions, any person who wishes to dispose of (e.g., sell, exchange, assign, etc.) one or a number of properties included in a housing complex or wishes to confer to such property the right of occupancy or any other right involving the separation of the title must apply for authorization to the Régie.
The application must be submitted with the fee specified by law .
The definition of “housing complex” is given in Section 451 of the Act respecting the Régie du logement.
Completing the application
Given the complexity of the procedure, applicants are advised to consult a notary or lawyer for help completing the application and in relation to the hearing .
When a notary assists an applicant, the notary shall see that the application is signed by the applicant and may act only as a witness for the applicant; he may not be considered a representative, in accordance with the requirements in Sections 72 and 74 of the Act respecting the Régie du logement: mandate free of charge, etc.
Notification of the application
Landlords must give notice of the application, at their own expense, to each tenant in the housing complex, as well as individually to each joint tenant, where applicable, and to each purchaser (when there are undivided purchasers), and in the case where the application is submitted by a person who promises to purchase a property, notice of the application must be conveyed to the landlord. Such notice must also be notified to any third parties, where applicable.
The most common methods of notifying notice are:
Notice can also be notified using any other method that provides proof of receipt, such as delivering the notice in person. Proof of receipt in this case, may be an acknowledgement of receipt or the testimony of a person who witnessed receipt of the application.
The Régie shall notify the parties and tenants of the location, date and time of the hearing. A notice of appearance is, therefore, not necessary as is the case for some applications and petitions before common law courts.
When applicants are physical persons, they must attend the hearing. Failing this, applicants may mandate a spouse or may be represented by a lawyer. Applicants who cannot attend the hearing may also mandate in writing a relative, person connected by marriage or a civil union, or friend. When the applicant is a corporate body (e.g., company, etc.), an officer, lawyer, director or an employee duly-mandated by a resolution or a lawyer may represent the applicant at the hearing. For more details on the rules governing mandates, ask for the information folder on this at the Régie du logement.
Applicants shall bring to the hearing proof that the notice of the application was notified.
Because the hearing is not a mere formality, it is important to know that failure to provide any required evidence may lead to a postponement of the case and additional waiting periods.
Applicants or their representatives should be able to prove all the facts related to the application and all circumstances surrounding the transfer by means of testimony and material evidence. When an applicant is being represented and the representative is not personally aware of the facts, the applicant should ensure that there are witnesses able to relate the facts.
Posting of notice
The law stipulates that a notice shall be posted before the building. The Régie asks for the cooperation of the landlord concerning the logistics of the posting. The posted notice includes the statement that any person may make a written representation in relation to the application within ten days of posting or of the publication of a public notice, as the case may be.
The Régie may, if it considers it expedient, hold a public hearing or hear any person who has made a representation.
The Régie will convey a copy of its decision to the parties and to each tenant identified on the list appended to the application.
It is important to be aware that any disposal of property (i.e., sale) transacted without the Régie's authorization, where required, may result in the cancellation of the contract. Any interested party, including the Régie, may apply to the Superior Court to confirm such cancellation.
1. Section 45. In this subdivision, “housing complex” means several immovables situated near one another and comprising together more than twelve dwellings, if such immovables are administered jointly by the same person or by related persons within the meaning of the Taxation Act (chapter I-3), and if some of them have an accessory, a dependency or part of the structure, except a common wall, in common. 1979, c. 48, s. 45.