Filing an Application

Persons concerned by the signature of an application

An application with the Régie du logement is a legal proceeding. It is important for all the parties to be correctly designated, in accordance with the law. If a designation is incorrect, the case may be postponed or even dismissed. Furthermore, an incorrect designation reproduced in a decision could prevent the decision from being executed

Persons concerned Who can sign the application Formalities

Natural person

The natural person or a lawyer

None

Co-lessees

All co-lessees or a lawyer

None

Undivided co-owners

Only one co-owners if he or she is acting in the capacity of “manager” or all co-owners or a lawyer

In the case of the manager:

Only one co-owner can act in the capacity of “manager” for the others; that co-owner is even presumed to be acting in such a capacity when doing so with the knowledge of the others. He or she can also be specifically appointed as such by the others.

In other cases: No formalities.

Legal person (company, cooperative, municipal housing bureau)

A lawyer or an officer

In the case of an officer, please refer to the table below.

Partnerships (general, limited, undeclared partnership) and associations

Only one associate if mandated by the others or all associates or a lawyer

In the case of a mandated associate: the associate must have been mandated by all the other associates.

Tutor, curator or mandatary of an incapable person of full age and other administrators of the property of others

The representative or a lawyer

When the representative files the application, it must be done in his or her own name and capacity as tutor, curator, mandatary or administrator of the incapable person's property. The representative is acting on his or her own behalf, not on that of others.

Succession of a deceased person

The liquidator of the succession or all heirs or a lawyer

When the liquidator files the application, it must be done in his or her capacity as liquidator of the deceased person's succession.

In the absence of a liquidator, the application is filed on behalf of the heirs of the deceased person.

Trust

The trustee authorized in the trust's constituting act or a lawyer

When the trustee files the application, it must be done in his or her capacity as trustee of the trust.

Lawyer: Since January 1, 2015; it should be noted, however, that when the sole object of the application is the recovery of a debt not exceeding $15 000 (excluding interest), a lawyer may not act before the Régie du logement, including to sign the application or to make representations at the hearing. (section 73 of the Act respecting the Régie du logement)

Undivided co-owners: This refers to undivided co-owners of a rental residential immovable who are identified as lessees on the lease of their dwelling.

Manager: A co-owner who administers the undivided property with the knowledge of the other co-owners and without objection on their part is presumed to have been appointed manager. (article 1028 of the Civil Code of Québec)

Trustee of the trust: C.C.Q., arts. 1278 and 1316.

Officer for a legal person
Entity / Organization Officer(s): definition Formalities

Provincial corporation

(Business Corporations Act)

The president, chief executive officer, chief operating officer, chief financial officer or secretary of a corporation or a person holding a similar position, or any person designated as an officer of the corporation by a resolution of the board of directors.

Officers can be appointed either by a by-law, by unanimous shareholder agreement, by the the corporation's articles, or by a resolution of the directors.

Federal corporation

(Canada Business Corporations Act)

The individual who holds the position of chairperson of the board of directors, the president, a vice-president, the secretary, the treasurer, the comptroller, the general counsel, the general manager, a managing director of an entity, or any other individual who performs functions for a corporation similar to those normally performed by an individual occupying any of those offices as well as any other individual appointed to the position of officer pursuant to section 121.

Officers  are appointed, and their duties are determined by a resolution of the directors, subject to a by-law or any unanimous shareholder agreement.

It is not necessary to act in the capacity of director.

Cooperative

(Cooperatives Act)

The president, the vice-president and the secretary and, where applicable, the treasurer and the general manager or manager, or if authorized by the by-laws, any other person.

None