Gazette officielle du Québec. Québec official gazette., 6 mai 1981, Partie 2 anglais mercredi 6 (no 19)

[" 1981 azette officieUe du Québec (English Edition) ?art 2 Laws and Regulations HÉditeur officiel Quebec LAWS AND REGULATIONS NOTICE TO READERS The Gazelle officielle du Québec (LAWS AND REGULATIONS) is published under ihe authority of the Legislature Act (R.S.Q., c.L-l) and the Regulation respecting the Gazelle officielle du Québec (O.C.16-78, dated 5 January 1978).LAWS AND REGULATIONS contains the English version of the laws, regulations, draft regulations and proclamations published in the Gazelle officieUe du Québec Partie 2.Each law, regulation and draft regulation published in this number may be obtained as an offprint from the Éditeur officiel du Québec, who will quote rates on request.The cost of an annual subscription to the Gazelle officieUe du Québec (LAWS AND REGULATIONS) is $45.00.L'Éditeur officiel du Québec.For information concerning ihe publication of notices, please ill: Georges L*PitRRb Gazelle officielle du Québec Tél.: (418)643-5195 Offprints or subscription rales: Commercial services Tél.: (418)643-5150 All correspondence should be sent to ihe following address Gazelle officielle du Québec 1283, bèul.Charesl ouest Québec, QC, GIN 2C9 Posugc pjij in c*th \u2014 Third dm mjller [permit No 167) Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19 1427 LAWS AND REGULATIONS Order(s) in Council O.C.963-81, 30 March 1981 AN ACT RESPECTING THE SOCIÉTÉ D'HABITATION DU QUÉBEC (R.S.Q.c.S-8) LOGINOVE Programme Concerning a Regulation authorizing the Société d'habitation du Québec to implement a residential restoration assistance programme (LOGINOVE).Whereas pursuant to section 94.1 of the Act respecting the Société d'habitation du Québec, the Government may, by regulation, to the extent and on such conditions as it may determine, authorize the Société d'habitation du Québec to prepare and implement any programme intended for the conservation and restoration of dwellings; Whereas the Société d'habitation du Québec has prepared such a programme and recommends, for its implementation, that the Regulation attached hereto be made; Whereas it is advisable to authorize the Société d'habitation du Québec to implement the programme and approve the Regulation submitted for that implementation ; It is ordered upon the recommendation of the Minister of State for Land Use Planning and the Minister-Delegate, Housing : (1) That the Société d'habitation du Québec be authorized, by regulation, to implement the residential restoration assistance programme (LOGINOVE) submitted by the Minister of State for Land Use Planning and the Minister-Delegate.Housing in his paper of 5 February 1981 subject to the recommendations of the Conseil du trésor (T.B.131851 dated 17 February 1981); (2) That the Regulation for its implementation, attached hereto, be approved; (3) That the Regulation for its implementation, attached hereto, come into force on 1 May 1981.Louis Bernard, Clerk of the Conseil exécutif.Regulation respecting residential restoration assistance (LOGINOVE) Québec Housing Corporation Act (R.S.Q., c.S-8, s.94.1 unconsolidated (1979, c.48, s.126» Division I INTERPRETATION 1.In this regulation, unless otherwise indicated by the context, the following terms mean: \"Defect of habitability\" : a defect listed and described in Schedule 1 and which requires correction in order to make the dwelling suitable for normal occupation.\"Financing\" : a loan granted by a lender in order to defray the costs of restoration of a building.\"Supplementary Financing\": the financing of a subsidy between its calculation date and the last day of the then current semester, i.e., February 28'\" or August 31.\"Dwelling\": that part of a building, rented or offered for rent for residential purposes or inhabited by the owner, which possesses a separate entrance 1428 GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19 opening directly to the exterior or to a shared hall, indépendant sanitary facilities, and a separate space for the preparation of meals.\"Rent\" : the cost of the dwelling as indicated either in the lease or in a rental declaration signed by both the owner and the lessee, and calculated monthly.\"Nominal rent\": rent paid or to be paid by a relative or employee of the owner.\"Net Rent\": the rent minus the cost of services offered by the owner which are contained in the lease or in a declaration signed by both the owner and the tenant ; the cost of these services is calculated according to Schedule 2.\"Mandatary\": a municipal corporation, a lender or a person who has agreed to act for the Société in carrying out the relevant provisions of this regulation, and who has agreed in particular: (1) to explain to owners the advantages offered by this regulation: (2) to request the preliminary inspection ; (3) to apply the conditions of eligibility: and (4) to complete the application forms for residential restoration assistance.The lender acts for the Société with respect to the signing of the owner's undertaking given to the Société pursuant to section 45.\"Non-profit organization\": an incorporated nonprofit organization the charter of which includes: (1) a clause requiring it to offer moderately priced dwellings for rental by handicapped of low income persons; and (2) a clause prohibiting the transfer of ownership of buildings other than to a non-profit organization as defined in this regulation or to a cooperative rental housing association as defined in the Cooperative Associations Act (L.R.Q.chapter A-24).\"Relative\": an ascendant, a descendant, a brother, a sister, a brother-in-law, a sister-in-law, a son-in-law, a daughter-in-law, a father-in-law, a mother-in-law, a step-mother, a step-father, a step-son, a step-daughter or any other relative of the owner or lessee who is principally supported by him.\"Room\" : part of a dwelling used for leisure, rest or the preparation of meals but not including a toilet, a bathroom, a laundry room, a furnace room, a hallway, an interior staircase or a storage area.However, two parts of a dwelling separated by a partition or a wall with an opening between them are considered two rooms if the opening does not exceed 80% of the area of the partition or wall and if the area of the floor space in each part is not less than 5 square metres.\"Lender\": a bank under the Bank Act (R.S.C.1970.chapter B-l) or the Québec Saving Banks Act (R.S.C.1970, chapter B-4), a savings and credit union or a federation under the Savings and Credit Unions Act (R.S.Q., chapter C-4), a caisse d'entraide as defined in An Act respecting the Caisses d'entraide économique (R.S.Q.chapter C-3), a trust company as defined in the Trust Companies Act (R.S.C.1970, chapter T-16), or a trust company as defined in the Trust Companies Act (R.S.Q., chapter C-41), recognized by the Société and which grants the financing to an owner or is the assignee of the deed of loan.\"Owner\": a physical or moral person owning a building and who makes an application pursuant to this regulation.\"Residential restoration\": the entirety of work undertaken in order to maintain and rehabilitate a dwelling.\"Family income\": the income of both spouses as calculated according to Schedule 3.Division II GENERAL PROVISIONS 2.The Société is authorized to prepare and implement, to the extent and subject to the conditions provided in this regulation a programme designed to both maintain and rehabilitate dwellings. Pan 2_GAZETTE OFFICIELLE DU QUEBEC, May 6.1981, Vol.113, No.19 1429 3.Every application, notice or report submitted pursuant to this regulation must be completed on the form provided to the lender, mandatary or inspector by the Société.Division III IMPLEMENTATION Subdivision 1 Building 4.This regulation applies to the following buildings : (1) a building serving in whole or in part as the principal residence of its owner; (2) a building offered for rent or rented, in whole or in part, for residential purposes; or (3) a building used for residential purposes the dwellings of which are vacant.5.In addition to the provisions of section 4, a building must : (1) contain at least one dwelling possessing a defect of habitability ; and (2) require, in order to correct the defects of habitability, restoration work averaging 2 000,00 S per dwelling.6.In addition to the provisions of sections 4 and 5, a building, the owner of which is neither a cooperative rental housing association nor a non-profit organization, must be situated in an area designated in the protocol of agreement concluded by the Société and the municipal corporation having jurisdiction over the area, the protocol entering into force on the date of its approval by the government.7.This regulation does not apply to a building containing a dwelling which the owner wishes to subdivide, unless: (1) the dwelling in question has at least 10 rooms and the subdivision would create dwellings having at least 4 rooms: (2) the owner is a cooperative rental housing association or a non-profit organization.8.This regulation does not apply to the following buildings: (1) a seasonal dwelling; (2) a mobile home; (3) an establishment under the Hotels Act (R.S.Q.chapter H-3) or An Act respecting health services and social services (R.S.Q.chapter S-5); (4) a rooming house; (5) a building which is not being used for residential purposes unless it has formerly been used for residential purposes and proof is made to the Société that the restoration is undertaken in order to reconvert the building to residential use ; (6) a residential building construction of which is incomplete ; and (7) a building situated in a strong current flood risk area as delimited pursuant to An agreement respecting flood risk mapping applied to flood damage reduction concluded on October 4, 1976 by the Government of Canada and the Government of Québec.9.This regulation does not apply to a building : (1) against which has issued a notice of expropriation or reserve pursuant to the Expropriation Act (R.S.Q.chapter E-24); (2) against which has issued, at the date of the application for residential restoration assistance, a notice of giving in payment or any other procedure putting in issue the ownership to the building ; or (3) which has benefited from a federal, provincial or municipal restoration or residential rehabilitation programme. 1430 GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_Pan 2 Subdivision 2 Work 10.This regulation applies to: (1) the following work: (a) work necessary to correct a defect of habitability unrelated to the adaptation of a dwelling to meet the needs of a handicapped person ; (b) work required under a municipal regulation applicable to existing residential buildings ; and (c) work required under guidelines set down by the environmental services division of the ministère de l'Environnement; however, the total cost of work under subparagraphs a, b and c, for purposes of the subsidy, cannot exceed an average of 13 000,00S per dwelling; (2) work done in conjunction with that specified in paragraph 1 which prolongs the useful life of the building or which makes it more functional, up to a maximum of 25% of the cost of the restoration of the building, this maximum not to exceed an average cost of 2 000,00 S per dwelling ; however, this additional work can not result in the cost of restoration exceeding the maximum average allowed by paragraph I ; and (3) work required to correct a defect of habitability related to the adaptation of a dwelling to meet the needs of a handicapped person to a maximum average cost of 4 000,00 $ per dwelling so adapted in addition to the amount permitted under paragraphs 1 and 2.Division IV FINANCING RESIDENTIAL RESTORATION WORK II.In order to obtain financing, the owner, in addition to fulfilling all other conditions for obtaining a loan, must already have provided the mandatary with the following documents : (1) a copy of the lease for each dwelling in the building, or rental declaration signed by the owner and the lessee for each rented dwelling in the building, or, as the case may be, a signed statement to the effect that the dwelling is vacant ; (2) an owner'lessee agreement pursuant to Section IX signed by the owner and the lessee, or, as the case may be.a receipt confirming that the agreement form has been sent by registered mail to the attention of an objecting lessee; (3) a submission estimating the cost of restoration work on the building or, as the case may be, owner's declaration that he intends to undertake the restoration work himself, accompanied by a work plan approved by the inspector : and (4) written proof that he is the most recent registered owner of the building.12.In addition to the documents required by section 11, a corporate owner must provide the mandatary with the following documents : (1) the certificate of incorporation, or as the case may be.the letters patent and.if applicable, supplementary letters patent : and (2) a copy of the resolution, duly adopted, authorizing a person to represent the corporation for the purposes of this regulation and authorizing him to sign on behalf of the corporation all documents, notices, reports and contracts as may be required by this regulation.13.In addition to the documents required by section 11, a cooperative rental housing association must provide the mandatary with the following documents : (1) a certified copy of the notice of approval of the association pursuant to section 8 of the Cooperative Associations Act (R.S.Q., chapter A-24) as well as proof that this notice has been duly published in the Gazette officielle du Québec; and (2) a copy of the resolution, duly adopted, authorizing an individual to represent the cooperative for the purposes of this regulation and authorizing him to sign on behalf of the Pari 2_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113.No.19_1431 association all documents, notices, reports and contracts as may be required by this regulation.14.In addition to the documents required by section 11.a partnership which is owner must provide the mandatary with the following documents : (1) a true copy certified by the prothonotary of the partnership declaration bearing the registration certificate, and if applicable, the contract creating the partnership as well as all subsequent agreements concluded by the partners : (2) a list of the names of the partners and the extent of each of their interests in the partnership ; and (3) a signed mandate given by each of the partners authorizing one of them to represent the partnership for the purposes of this regulation and authorizing him to sign on behalf of the partnership, all documents, notices, reports and contracts as may be required by this regulation.15.In order to obtain financing, an owner must complete and sign an application for residential restoration assistance which must contain, in particular, the following information: (1) identification of the owner; (2) the address of the building to be restored and its salient features; (3) the method of calculating the subsidized cost of the restoration project; and (4) the factors to be used in calculating the increase in rent attributable to the restoration work.16.A lender may not grant financing unless the application for residential restoration assistance is first submitted to the Société for determination of its compliance with this regulation.17.At the time he obtains financing from a lender, the owner must complete and sign the undertaking referred to in section 45.18.Where there are several co-owners of a building in undivided ownership, each co-owner must agree to be bound by the agreement with the Société referred to in section 45; however, one co-owner alone may act for all other purposes of this regulation if he has received a written mandate signed by each of the other co-owners.19.When it is brought to the attention of a mandatary that there has been a fire in a building, he must deduct from the cost of restoration work an amount equal to the insurance proceeds paid or to be paid as compensation for the loss caused by the fire.20.A mandatary must obtain a preliminary inspection report which confirms that the building meets the requirements of this regulation.21.Where Schedule 5 and section 3 of Schedule 6 apply, the mandatary must, for the purposes of the calculation of the subsidy referred to in Division V, calculate the family income of the owner by obtaining from him : (1) where the owner or his spouse has income from an office or employment as defined in the Taxation Act (R.S.Q., chapter 1-3).a statement signed by the respective employers of each spouse indicating his or her income: and (2) where the owner of his spouse has income from a business or property as defined in the Taxation Act (R.S.Q.chapter 1-3).a statement signed by that person indicating the amount of this income.Division V SUBSIDY 22.Subject to section 10, the Société will grant a subsidy, calculated according to the provisions of Schedule 5 to the owner-occupant of a dwelling on the basis of his family income.Where a building is owned by a partnership and a partner occupies a dwelling in the building, the subsidy for the dwelling is calculated according to the provisions of Schedule 5 as though the partner were owner of the building.However, the owner-occupant of a dwelling who has already benefitted from a subsidy under this section or whose spouse has already benefitted from a subsidy under this section, is not eligible for a subsidy for a period of 5 years from the date of his 1432_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_Pan 2 or her signature on the original application for residential restoration assistance with respect to the dwelling which he occupies.23.Subject to section 10, the Société will grant to an owner of a dwelling which he rents or offers for rent to others for residential purposes a subsidy for restoration work according to the provisions of Schedule 6.In the event a nominal rent is paid for dwelling, the subsidy granted with respect to this dwelling is calculated according to Schedule 6.24.Where the owner is a cooperative rental housing association or a non-profit organization, the subsidy granted is calculated according to the provisions of Schedule 6.25.Where the owner is a corporation controlled by a lessee residing in the building, or by a relative of a lessee, the subsidy to be granted for the dwelling of this lessee must be calculated according to Schedule 5 as though the lessee or his relative were owner of the building.26.For the purposes of section 10 and in order to calculate a subsidy, reference is had to the number of dwellings in the building at the calculation date, as defined in section 30, of the subsidy.27.Where the preliminary inspection report indicates that a building contains space intended for other than residential use, in calculating the subsidy the mandatary: (1) must not include this space in the calculations; and (2) must deduct from the allowable costs of the work an amount equal to the benefit confered on the non-residential space by restoration of the common parts ; the percentage of the total area of the building occupied by the non-residential space is used to calculate the amount to be deducted.28.For the purposes of section 27.parts of the building common to both residential and non-residential space are: (1) the roof, cornices, flashing and chimneys: (2) exterior walls and their facing or veneer; (3) common entrances: (4) stairways and elevators; (5) permitted outbuildings or dependencies: (6) foundations ; (7) electrical or mechanical systems and plumbing systems ; and (8) cellars, basements and crawl-spaces.29.Where the restoration work, to the extent permitted by this regulation, is undertaken by the owner, the mandatary, in calculating the cost of work to be subsidized must allocate an amount equal to the estimate of materials and labour provided by the inspector.30.The date on which the application for payment is submitted to the Société is the calculation date of the subsidy.31.In calculating the subsidy, the mandatary must include in the maximum cost per dwelling of the restoration work referred to in section 10; (1) legal fees relating to the lender's hypothecary security ; (2) fees of any necessary technical expert other than the payment of an inspector pursuant to Division VIII; (3) the cost of municipal permits required in order to undertake the proposed work: and (4) interest owing on the financing up to calculation date of the subsidy, including interest owing on the financing of the amounts referred to in paragraphs 3, 4 and 5 of section 32.32.To the subsidy paid out for the restoration of a building must be added the following fees: (1) a lump sum agreed upon between the Société and the lender and paid to the lender for his services ; Pari 2_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_1433 (2) a lump sum of up to 100,00 S as payment to the municipal corporation, the lender or any other person acting as mandatary of the Société ; (3) the indemnity provided for in Division X; (4) the payment of the inspector provided for in Division VIII; (5) the legal fees, if any, relating to the real or personal guarantees referred to in section 44; and (6) interest due and owing on the supplementary financing.33.For the purposes of sections 31 and 32, interest is calculated at the rate charged by the lender for first hypothèques at the date the financing is agreed to.34.Irrespective of whether or not the owner applies for such assistance, there must be deducted from a subsidy any contribution to be paid or which may be paid by the federal government by way of housing rehabilitation assistance.35.The subsidy provided for in this division is conditional upon the owner obtaining financing pursuant to Division IV and providing an undertaking to the Société pursuant to Division VII.36.The subsidy is payable in the following manner : (1) at the date of expiry of the supplementary financing, one-fifth of the amount of the subsidy granted for the restoration of the building in addition to the fees provided for in section 32; and (2) the balance in 10 consecutive equal semi-annual instalments, the first instalment coming due six months after the expiry date of the supplementary financing, i.e.February 28* or August 31\" as the case may be.37.In the event that restoration work is abandonned the amount of subsidy actually paid for the restoration of the building is calculated as a percentage equal to the amount already advanced by the lender divided by the amount initially allocated for the restoration work.Division VI IMMEDIATE REALIZATION OF THE SUBSIDY 38.An owner eligible for a subsidy under this regulation may.by means of a loan or a line of credit, borrow from a lender an amount equal to that of the susbidy or to an amount not exceding that of the financing.The owner must then assign to the lender the rights accruing to him by virtue of the promise of subsidy made to him under this regulation.39.Pursuant to this regulation the Société acts as surety for all amounts borrowed under this division up to the amount of the subsidy provided that the repayment terms correspond to those prescribed in section 36 and provided that the provisions of this division are complied with.40.The loan must contain a clause providing for the expiry of the benefit of the term in the event that the borrower does not honour the undertaking he has given to the Société pursuant to section 45.41.The loan must also contain a clause providing that, at the date of expiry of the supplementary financing, the interest rate applicable to the loan may be changed to a rate agreed upon by the lender and the Société.42.Where an interest rate is agreed upon by the Société and the lender pursuant to section 41, the Société will grant compensation in the form of holdover fees with respect to the subsidy.43.Where the Société must execute its obligations under the suretyship, the lender or his successors in title must subrogate the Société in all his rights and recourses under the loan against the owner.44.In consideration of the suretyship provided for in section 39, the Société may require the owner who negotiates a loan as defined in section 38, to provide the Société with any real or personal security deemed necessary to ensure that the owner honours the undertaking given pursuant to section 45. 1434 GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19 Part 2 Division VI OWNER'S UNDERTAKING 45 In order to be considered for a subsidy, the owner must provide the lender with an undertaking in the form provided in Schedule 4 and directed to the Société.46.The term of the owner's undertaking must coincide with the term provided for the payment of the subsidy pursuant to section 36.Division VIII INSPECTION 47.The inspection of a building pursuant to this regulation must be undertaken by an inspector designated by the Société.The inspector must be an employee of a recognized body, i.e., a municipal corporation, a technical resource group as defined in the Act, a firm of professional evaluators, a firm of inspectors specializing in restoration work, a firm of inspectors or a lender.48.The Société will designate a person an inspector once he has shown to the satisfaction of the Société that he possesses the necessary skills to evaluate a restoration project and to maintain an inspection file.49.For each building inspected, an inspector must open a separate inspection file which must be kept on file for a period of at least 5 years from the date appearing on the progress report confirming the completion of the work.50.An inspection file must contain, in particular, the following documents : (1) a preliminary inspection requisition: (2) a preliminary inspection report confirming that the building meets the requirements of this regulation : (3) a short description of the work to be done and an estimate of the costs ; and 51.Both the recognized body and the designated inspector must allow the Société at all times to examine the inspection file.52.The deletion of an inspector's name from the list of designated inspectors that the Société must keep up to date and distribute to the lender and mandatary signifies that the inspector is no longer a designated inspector.53.The payment which is made to the inspector's employer includes all fees whatsoever, and is calculated according to Schedule 7.However, the Société is authorized to pay travelling expenses, calculated in the same manner as those paid to Government employees pursuant to Sections 6.7.8 and 13 of Treasury Board Guidelines number 5-74 revised by C.T.126300 of May 13.1980 but excluding business insurance premiums, where the building to be inspected is situated at a distance of more than 50 kilometers from the inspector's usual place of work.Division IX OWNER/LESSEE AGREEMENT 54.In order to be considered for a subsidy for restoration work, the owner must provide the mandatary with a copy of an agreement, signed by the lessee and the owner in the form provided by Schedule 8.55.Financing may not be granted to an owner who has failed to obtain an agreement signed on behalf of the majority of dwellings in the building.56.The owner must provide the lender with the receipt evidencing that the form referred to in Section 54 was sent by registered mail to an objecting lessee.57.A lessee who: (1) has not signed the agreement referred to in section 54; (2) occupies a dwelling for which the owner cannot produce a signed agreement: or (4) a progress report on the work undertaken. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19 1435 (3) occupies a dwelling for which ihe owner produces a receipt for the sending of a registered letter pursuant to section 56; is deemed to be an objecting lessee.58.For the purposes of obtaining a majority pursuant to section 55.an owner who occupies a dwelling in the building is considered a lessee.59.The owner must disclose to the inspector ai the time of preliminary inspection the existence of any vacant dwellings.60.The owner must indicate in the agreement the period during which the lessee must vacate the dwelling in order that restoration work take place.61.The owner must also indicate in the agreement only that increase in rent directly attributable to the restoration work.The increase will become legally due as of the date indicated in a notice that the owner must send to the lessee according to the relevant provisions of the Civil Code.The increase must be calculated according to Schedule 9 and cannot exceed 13 per cent of the net rent in force a: the time of the application for residential resotration assistance.62.Where the owner is a cooperative rental housing association and the lessee is a member of the cooperative, section 61 does not apply.63.The objecting lessee enjoys the same protection offered by this regulation to the lessee having concluded an owner'lessee agreement.Division X COMPENSATION FOT THE LESSEE 64.The Société pays compensation, calculated according to Schedule 10.to the lessee whose dwelling must undergo any work referred to in Schedule 10.65.The owner who occupies a building in whole or in part, or a lessee who controls a corporate owner as defined in section 25 cannot receive the compensation referred to in this division.66.An owner must deduct from the rent owed to him by the lessee an amount which corresponds to the rent due for the period during which the lessee is obliged to vacate the dwelling in order for restoration work to be undertaken ; this amount is calculated as a percentage equal to the number of days vacancy divided by the number of days in the lease.Division XI FINAL PROVISIONS 67.A lender must not grant financing with cespect to a new application for residential restoration assistance from the moment he is notified by the Société that the funds allocated for that fiscal year by the National Assembly for the programme outlined in this regulation are exhausted.68.This regulation will come into force on the date decreed by the Government.SCHEDULE 1 LIST OF DEFECTS 1.Exterior walls (1) A masonry wall bulges (out of plumb) or the masonry is falling away from the frame.(2) There is a large crack in a masonry wall.(3) The masonry is crumbling or cracking as a result of frost.(4) The mortar in the joints has fallen out or is crumbling.(5) Any exterior facing other than the masonry is so deteriorated as to require replacement or repairs.(6) The lintels or sills of windows or doors are warped, cracked crumbling or rotten.(7) The cornice is not straight.(8) The chimney is no longer straight or has an insufficient course. 1436 GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_Part 2 (9) The chimney allows smoke to escape through the joints.(10) The chimney is not as tall as required by the municipal regulations applicable to existing residential buildings, the Building Code (Order in Council n° 3326, September 29, 1976) or the Regulation concerning safety in public buildings (Order in Council n° 315, January 20, 1971), as the case may be.2.Doors and windows (1) The doors and windows are warped.(2) Wooden door or window frames are rotten.(3) The moving parts of doors or windows no longer work properly.(4) Water or air may infiltrate the doors and windows.(5) There are no double windows or doors.3.Projections (1) The balconies, verandahs, catwalks, or their roofs are rotten, rusted or no longer solid.(2) The surfaces of balconies, verandahs or catwalks are damaged or rotten.(3) The staircases are rotten, rusted or no longer solid.(4) A stairway has no bannister or the balcony, verandah or catwalk has no railing.(5) The bannisters or railings are rotten, rusted or no longer solid.4.Roof (1) The roof covering is worn, damaged or leaks.(2) The flashing, counterflashing, roof vents, or goose-necks are rusted, perforated or nonexistent.5.Foundations (1) There is a large crack in the foundation wall.(2) The foundation walls have been pushed out of shape or pushed towards the interior of the cellar as a result of the lateral pressure of the earth.(3) The mortar joints are deteriorated or nonexistent and water or air is infiltrating the cellar.(4) Water is leaking into the cellar otherwise than from the sewers backing up.6.Frame (1) The beams are sagging, warped, rotten or badly supported by the foundation, a load-bearing wall or a partition.(2) The supports for the basement beams are inadequate, too far apart, rotten or have no footings.(3) The joists are sagging, warped, rotten or badly supported by the foundation, beams, load-bearing walls or partitions.(4) The floors are subsiding in spots or have a pitch of more than 3%.7.Interior finishing (1) The plaster is swollen and threatens to fall because the keys are broken or the plaster is disintegrating.(2) Any other kind of vertical or horizontal facing is deteriorated, rotten or contains holes.(3) An interior facing is not fire resistant as required by the municipal regulations applicable to existing residential buildings, the Building Code (Order in Council n° 3326, September 29, 1976) or the Regulation concerning safety in public buildings (Order in Council n° 315, January 20, 1971), as the case may be.8.Wiring (1) The service is less than 600 amps.(2) There are more branch circuits in the panel board then there are protection devices. Part 2_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_1437 (3) The conductors are damaged, badly connected or flexible cords or other unapproved cables are used in the distribution.(4) The dwelling does not have at least 2 outlets in the kitchen and at least one outlet in every other room.9.Plumbing (1) Pipes (a) Inadequate water supply pipes or rusted pipes are causing insufficient flow of water.(b) The joints are not water tight.(c) The drains do not drain quickly or frequently block.(d) The waste stack, soil stock, drain or sewer of the building is broken, leaks or is so defective that waste water backs up into the building.(e) There is no public sewer to which the building's sewer pipe may be connected and either there is no septic system to evacuate and filter waste water or the sep:ic system evacuating and filtering waste water is so inadequate that the waste water appears on the soil surface.(2) Fixtures (a) The dwelling has neither bathtub nor shower or has no sink or toilet.(b) There is no drinking water or hot water (c) The bathtub or toilet are not enclosed in a separate room.(d) The bathtub or shower, or toilet is not a self-contained part of the dwelling.(e) The fixtures are defective and need to be replaced.10.Heating and insulation (1) The heating equipment cannot maintain the temperature of the dwelling at 18\" Celsius.(2) The heating equipment is defective or does not meet the requirements of the municipal regulations applicable to existing residential buildings, the Building Code (Order in Council n\" 3326, September 29.1976) or the Regulation concerning safety in public buildings (Order in Council n\" 315.January 20.1971).as the case may be.(3) Air infiltrates through the windows and doors.(4) The attic, the cellar or the walls are not sufficiently insulated.11.Equipment (1) The dwelling does not have one or more closets of which the aggregate area is at least, 0,74 square metres.(2) The kitchen of the dwelling does not have a lower counter having a working space of at least I 670 mm.the sink included, or cupboard space of at least 1.4 square metres.12.Air and light (1) Except in the case of rooms lighted indirectly by means of windows in an adjoining room, the bedrooms, dining room or living room do not have an opening the cumulative glassed area of which is equal to 10% or more of the total area of the room.(2) The bathroom, kitchen, kitchenette, bedrooms, living room or dining room have no natural or mechanical ventilation.13.Safety (1) The dwelling does not have exits which comply with the municipal regulations applicable to existing residential buildings, the Building Code (Order in Council n\" 3326.September 29.1976) or the Regulation concerning safety in public buildings (Order in Council n\" 315, January 20, 1971) as the case may be.(2) The dwelling does not have the fire protection equipment which complies with the municipal regulations applicable to existing residential buildings, the Building Code (Order in Council n\" 3326, September 29, 1976) or the Regulation 1438_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_Pan 2 concerning safety in public buildings (Order in Council n\" 315, January 20, 1971) as the case may be.14.Outbuildings An outbuilding is in a state that constitutes a threat for its users or the public or could cause damage to the residential building.15.Open space The building is set back from the streetline and does not have a pedestrian pathway allowing safe access to the building, free of all obstacles.16.Disposition of a dwelling for a physically handicapped person (1) Access to a dwelling to be occupied by a physically handicapped person has one or several steps of 5 cm or higher.SCHEDULE 2 COST OF SERVICES The cost attributed to a service contained in a lease is as follows : Service /\tNumber of rooms\t3 or less\t4\t5\t6 or more 1.Heating\t\t25.00 S\t35,00 S\t45,00 5\t55,00 S 2.Hot Water\t\t6,00\t7,00\t8,00\t9,00 3.Electricity\t\t9,00\t11.00\t14,00\t18,00 4.Stove\t\t5,00\t5,00\t5,00\t5,00 5.Refrigerator\t\t5,00\t5,00\t5,00\t5,00 6.Furniture\t\t10,00\t15.00\t20,00\t25,00 7.Parking\t\t15,00\t15,00\t15,00\t15,00 (2) The doors of a dwelling occupied by a physically handicapped person are not wide enough to allow him to move about or leave the dwelling easily.(3) The physical disposition of the bathroom does not allow a physically handicapped person access to or use of the wash basin, the bathtub or the toilet.(4) The physical disposition of the kitchen or kitchenette does not allow a physically handicapped person access to or use of the sink, the stove or the refrigerator. Pan 2 GAZETTE OFFICIELLE DU QUEBEC, May 6, 1981, Vol.113, No.19 1439 SCHEDULE 3 CALCULATION OF FAMILY INCOME 1.The family income of an owner equals the sum of all income of the owner and his spouse for the calender year immediately preceding the date of the application for residential restoration assistance, less the following deductions : (1) an amount of 300,00 S for each child under 18 years of age or if the child is a fullt-time student between 18 and 21 years of age: and (2) up to 1 000.00 S of the spouse's income; or (3) where the spouse does not reside in the same dwelling as the owner and the owner has a child under 18 years of age or if the child is a full-time student between 18 and 21 years of age.an amount of 1 000,00 S.2.The following are excluded from the calculation of family income : (1) lump sum payments such as insurance proceeds, disability compensation, proceeds from the sale of personal effects, and inheritances: and (2) travelling or living allowances and family allowances.SCHEDULE 4 OWNER'S UNDERTAKING FORM OWNER'S NAME SOCIAL INSURANCE NO.ADDRESS TELEPHONE NO.CO-OWNER SOCIAL INSURANCE NO ADDRESS TELEPHONE NO.CO-OWNER SOCIAL INSURANCE NO.ADDRESS TELEPHONE NO.CORPORATION Incorporation: provincial ?federal ?No.of Letters Patent or certificate of Incorporation : Date of Incorporation : The Corporation is not controlled by the applicant : or The Corporation is controlled ?by: a lessee or relative of lessee.COOPERATIVE PARTNERSHIP Notice of approval by the Minister Superior Court Registry Office : Published in the G.O.Q.Registration No.: on.No partner occupies a dwelling in the building ?or a dwelling in the building is occupied by : Duration and expiry of the undertaking This undertaking comes into force the date of its signing and expires on .19.However, the owner is released from his undertaking upon the occurence of one of the following events : (a) the expiry date ; (b) the cancellation of the subsidy and the repayment of the subsidy received to that date pursuant to clauses 4 and 5 ; (c) forfeiture of the balance of the subsidy pursuant to clauses 3 and 7. 1440_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_Part 2 UNDERTAKING I.the undersigned, acknowledge that the Société d'habitation du Québec has granted me a subsidy in the amount of (.S) as residential restauration assistance with respect to the building situated at .(hereinafter referred to as \"the building\") of which I am the owner.The above subsidy will be paid to me in 11 instalments according to the following table: Feb., 28.$.JAug., 31 .\tFeb.28.$.Aug.31 .$.\tFeb., 28.$.Aug., 31 .$.\tFeb.28.$.Aug., 31.$.\tFeb.28.S.Aug.31 .$.\tFeb., 28.$.Aug.31 .$.I have read and understood the terms and conditions on the back of this undertaking anc\t\t\t\t\tI acknowledge that the subsidy is conditional upon the fulfilment of these terms and conditions.I also undertake to provide all additional information requested by the Société d'habitation du Québec Signed this.day of.19. Pan 2_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19 1441 THE OWNER WHO IS DEFAULT OF ANY OF THE OBLIGATIONS OF THIS UNDERTAKING BECOMES INELIGIBLE FOR THE RESIDENTIAL RESTORATION ASSISTANCE PROGRAMME OR.AS THE CASE MAY BE.LOSES THE RIGHT TO PAYMENT OF THE BALANCE OF THE SUBSIDY.General obligations (1) The owner will not retake possession of the building or any dwelling in it for the purpose of occupying it himself ; (2) The owner will not sell the dwelling unless he is an owner occupant ; (3) The owner who is in default with respect to clauses 1 and 2, or whose building is expropriated, loses the right to payment of the balance of the subsidy.Special provisions and cancellation of the subsidy (4) The owner becomes ineligible for the residential restoration assistance programme and must repay the Société d'habitation du Québec within thirty days of receipt of a notice to this effect sent by registered mail, the entire amount of the suubsidy received where: (a) the restoration work on the building has not been carried out in conformity with the description of work to be undertaken submitted by the inspector designated by the Société d'habitation du Québec: or (b) the restoration work is abandoned or suspended for reasons other than \"cas fortuit\" or \"force majeure\" or where a building defect which was not apparent at the time of the preliminary report results in the restoration work being financially impossible for the owner.(5) The owner also becomes ineligible for the programme and must repay the subsidy received where he has made a false statement with respect to a fact required to be disclosed by the Regulation respecting residential restoration assistance ; a false statement for the purposes of this clause is any incorrect statement or fact as well as any obviously incomplete statement which directly or indirectly results in an increase in the amount of the subsidy.Sale of the immoveable (6) Claude 2 does not apply to an owner of a building containing dwellings which are rented or offered for rent if the purchaser does not retake possession of the building or of a dwelling in the building for the purpose of occupying it himself.Destruction of the building (7) The subsidy ceases to be paid in the event that the building is destroyed by natural causes. 1442 GAZETTE OFFICIELLE DU QUEBEC.Max 6.1981, Vol.113.No.19_Pan 2 SCHEDULE S OWNER'S SUBSIDY (SECTION 22 OF REGULATION) 1.The following table indicates the rates of subsidization of the allowable costs of work undertaken in an owner-occupied dwelling: Family income\tRaie of subsidization Under 11 001 S\t75% 11 001 to 11 500 S\t74% 11 501 to 12 000\t72% 12 001 to 12 500\t70% 12 501 to 13 000\t68% 13 001 to 13 500\t66% 13 501 to 14 000\t63% 14 001 to 14 500\t60% 14 501 to 15 000\t57% 15 001 to 15 500\t54% 15 501 to 16 000\t50% 16001 to 16 500\t46% 16 501 to 17 000\t42% 17001 to 17 500\t37% 17 501 to 18 000\t32% 18001 to 18500\t27% 18 501 to 19000\t22% 19 001 to 19 500\t16% 19 501 to 20000\t10% 20 001 to 20 500\t4% Over 20 500\t0% 2.Where there are several co-owners of a building in undivided ownership, the rate of subsidization applicable to the allowable cost of work for all of the dwellings occupied by the co-owners, is obtained by calculating the arithmetic mean of the rates of subsidization which correspond to the family income of each co-owner as calculated in the Table included in section 1 above.However, where more than one co-owner reside in the same dwelling in the building, the family income used to calculate the rate of subsidization is that of ihe co-owner having the greatest family income.3.The subsidy granted for allowable cost of work is obtained by multiplying the total allowable cost of work for the dwelling or dwellings in question by the rate of subsidization calculated, as the case may be, according to either section 1 or 2 above.SCHEDULE 6 OWNER'S SUBSIDY (SECTION 23 OF REGULATION) 1.The rate of subsidization of the allowable cost of work for all of the dwellings of a building, except a dwelling occupied by an owner or rented for a nominal rent, is obtained by calculating the arithmetic mean of the following rates of subsidization : (1) the rates of subsidization corresponding to the net rent at the time of application for residential restoration assistance and the number of rooms at the calculation date of the subsidy as defined in section 30 of this Regulation of each of the rented dwellings as calculated in the following Table, but excluding dwellings rented at a nominal rent : Part 2_GAZETTE OFFICIELLE DU QUÉBEC, May 6.1981, Vol.113, No.19_1443 Nef rein\t\tRale of subsidization\t\t \t3 Rooms or less\t4 Rooms\t5 Rooms\t6 Rooms or more \"Under 100 01 S\t90%\t90%\t90%\t90% 10001 to 105 S\t89%\t89%\t89%\t89% 105 01 to 110\t89%\t89%\t89%\t89% 11001 to 115\t83%\t88%\t88%\t88% 115 01 to 120\t76%\t88%\t88%\t88% 12001 to 125\t69%\t87%\t87%\t87% 125 01 to 130\t62%\t82%\t87%\t87% 13001 to 135\t55%\t77%\t86%\t86% 135 01 to 140\t48%\t72%\t86%\t86% 140 01 to 145\t41%\t66%\t82%\t85% 145 01 to 150\t34%\t60%\t78%\t85% 15001 to 155\t27%\t54%\t74%\t84% 155 01 to 160\t20%\t48%\t70%\t81% 16001 to 165\t13%\t42%\t66%\t78% 165 01 to 170\t6%\t36%\t62%\t75% 17001 to 175\t0%\t30%\t57%\t72% 175 01 to 180\t0%\t24%\t52%\t69% 18001 to 185\t0%\t18%\t47%\t66% 185 01 to 190\t0%\t12%\t42%\t63% 190 01 to 195\t0%\t6%\t37%\t60% 195 01 to 200\t0%\t0%\t32%\t57% 20001 to 205\t0%\t0%\t27%\t53% 205 01 to 210\t0%\t0%\t22%\t49% 21001 to 215\t0%\t0%\t17%\t45% 215 01 to 220\t0%\t0%\t12%\t41% 220 01 to 225\t0%\t0%\t7%\t37% 225 01 to 230\t0%\t0%\t2%\t33% 230 01 to 235\t0%\t0%\t0%\t29% 235 01 to 240\t0%\t0%\t0%\t25% 240 01 to 245\t0%\t0%\t0%\t21% 245 01 to 250\t0%\t0%\t0%\t.17% 250 01 to 255\t0%\t0%\t0%\t13% 255 01 to 260\t0%\t0%\t0%\t9% 260 01 to 265\t0%\t0%\t0%\t5% Over 265\t0%\t0%\t0%\t0% and (2) a rate of subsidization of 30% for each vacant dwelling where the owner is not a cooperative rental housing association: or (3) a rate of subsidization of 90% for each vacant dwelling where the owner is a cooperative rental housing association.2.The rate of subsidization of the allowable cost of work for a dwelling rented for a nominal rent is equal to the arithmetic mean of the rates of subsidization of the other dwellings in the building in question.3.Where it is impossible to obtain a rate of subsidization by following the method outlined in section 2, the rate of subsidization of the allowable cost of work for a dwelling rented for a nominal rent is obtained by reference to Schedule 5, the calculation being made as though the owner occupied the dwelling.4.The subsidy granted for the allowable cost of work is obtained by multiplying the total allowable cost of work for the dwelling or dwellings in question by the rate of subsidization calculated according to the method described in section 1.2 or 3 of this Schedule, as the case may be. 1444_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19 Part 2 SCHEDULE 7 REMUNERATION OF THE INSPECTION A restoration inspector duly designated by the Société d'habitation du Québec is to be remunerated according to the following Table of Remuneration: State of file\tRemuneration 1.Requisition of inspection (up to preliminary inspection)\t25,005 2.Preliminary inspection\t135,00 S for the first dwelling 25,00$ for each additional dwelling 3.Examination of the submissions\t50,00 S for the first dwelling 5,00 S for each additional dwelling 4.Progress Report on work undertaken\t50,00 S for the first dwelling 10 00 S for each additional dwelling 5.Progress Report confirming the completion of work\t65,00$ for the first dwelling 10,00$ for each additional dwelling Société d'habitation du Québec LOGINOVE SCHEDULE 8 OWNER/LESSEE AGREEMENT Goals and nature of the Residential Restoration Assistance Programme The Government of Québec wishes to encourage the improvement of housing conditions in Québec.By means of the Residential Restoration Assistance Programme, the Government is therefore offering assistance to both owners and lessees : 1.the Government will grant a subsidy to owners undertaking restoration; and 2.the Government will take the necessary steps to ensure the security of occupation of lessees.The owner/lessee agreement: a prerequisite In order to be able to take advantage of this programme, the owner must enter into an agreement with respect to the majority of dwellings in the building which he intends to restore (the owner who occupies a dwelling in the building to be restored is considered as a lessee in calculating the majority).Until a lessee has signed this form, he is deemed not to have entered into an agreement with the owner; however, he enjoys the same protection as a lessee who has signed this form in the event that the owner participates in the programme. Part 2_GAZETTE OFFICIELLE DU QUÉBEC.May 6, 1981.Vol.113.No.19_1445 Identification of the parties Agreement entered into between the owner.residing at.and the lessee(s)(1) (2).(3).residing at.List of work During a visit to the building, an inspector designated by the Société d'habitation du Québec ascertained that the following residential restoration work should be undertaken.?Exterior wall.?Sound proofing.?Doors and windows.?Insulation.?Projections.?Plastering.?Roof.?Woodwork.?Stripping.?Kitchen cupboards .?Structure.?Bathrooms.?Floor.?Painting.?Carpentry.?Open spaces.?Wiring.?Outbuildings.?Heating and plumbing.Adaptation for the D physically handicapped.Breakdown of costs of work\t Toial cosl of project\tS LOGINOVE subsidy\ts RRAP subsidy\ts Non-subsidized cosis\ts Maximum monthly reniai increase due io cosl of work -.S Estimated duration o( work Yr I Mo I Day j From^> Temporary relocation Period Days Notice Days Mo I Da\\ Compensation paid 10 lessee b> the Société d'habitation du Quebec S Agreement The parties agree to undertake the obligations appearing on the back of this form.This agreement is entered into at.this.day of.19.(1).Lessee .(2).Owner Lessee (3).Lessee 1446_GAZETTE OFFICIELLE DU QUÉBEC, May 6.1981, Vol.113, No.19_Part 2 Obligations of the lessee___ The lessee undertakes to: 1.Vacate the dwelling during the entire period of relocation necessitated by the restoration work: and 2.Pay the increase in rent indicated in this agreemer.t form from the date indicated in the notice which the owner must send to the lessee pursuant to the provisions in the Civil Code.N.B.: The owner will provide the Société d'habitation du Québec with an undertaking enforceable for a period of 5 years to repay, in whole or in part, the subsidy he has received should be retake possession of a dwelling for the purpose of occupying it himself.Important: This agreement is conditional upon acceptance of the application for residential restoration assistance made by the owner to the Société d'habitation du Québec.SCHEDULE 9 CALCULATION OF THE INCREASE IN RENT 1.The maximum rate of increase applicable to the net rent, for the work indicated in the description of the restauration work made by the inspector, is the lesser of the following rates: (a) 13%; or (b) C-S n % R N Given that : C: total cost of work as defined in section 31 of the Regulation : S : subsidy granted for work as defined in section 31 of the Regulation including, if applicable, the amount to be provided, without obligation, by the federal government as residential rehabilitation assistance ; R : total net rent minus nominal rent : n: number of rented dwellings minus the dwellings rented for nominal rent : and N: total number of dwellings in the building at the calculation date of the subsidy as defined in section 30 of the Regulation.2.The increase in rent which may be demanded from the lessee is calculated by multiplying the net rent by the rate of increase obtained according to section 1 of this Schedule.Obligations of the owner__ The owner undertakes to: 1.Deduct from the rent due an amount equal to the amount due for the entire period of relocation resulting from the restoration work in the dwelling.2.Refrain from raising the monthly rent above the maximum increase attributable to the restoration work even in the event that the actual costs of restoration work exceed those estimated.3.Perform the restoration work and for a period of at least one year from the date of termination of this wprk.perform no further restoration work except in case of emergency._ Part 2_GAZETTE OFFICIELLE DU QUÉBEC, May 6, 1981, Vol.113, No.19_1447 SCHEDULE 10 COMPENSATION 1.Prerequisites A lessee is eligible for compensation if one or several of the following repairs are carried out in his building : (1) (a) Structure: Major changes must be made to parts of the structure and the contractor must have access to the dwelling in order to carry out the necessary repairs.The building must be jacked up in order to replace the foundations.(b) Wall and ceiling finishing: The major part of the wall finishings on interior walls and ceilings must be taken down in order to rewire, insulate the exterior walls or to refinish the walls.(2) Floors: The floors are so uneven as to require complete relevelling.Most floors require relevelling in order to be able to install floor covering.(3) Plumbing: Use of the plumbing system must be interrupted for a period of at least 12 hours because of major repairs to the water supply or sewage systems, the foundation or the frame.2.Amount of compensation The amount of compensation paid to a lessee equals the total of the amount which correspond to each category of work undertaken on the building according to the following table : 3.Payment of compensation There will be only one compensation payment made with respect to a dwelling, regardless of the number of lessees who occupy the dwelling.Where there are several lessees having signed the same lease and occupying the same dwelling, the compensation is paid by means of a cheque payable jointly to the order of all the lessees.1043-O Category of work\tAmount (1) Structure or wall & ceiling finishing (2) Floors (3) Plumbing\t150.00 S 100.00 75,00 i i i "]