Home inspection regulation is quebec next???

IS QUÉBEC NEXT on the “closed shop” syndrome for Home Inspectors?

If you read the Quebec Agency regulating real Estate (OACIQ) where all real estate agents in Québec have to be active members, all pre-purchase inspections emanating from sales from their agents, roughly about 90% of the real estate sales in Québec, will only be done by members of the Quebec Order of Professional Technologists! This becomes effective January 15 2012!
No grandfathering here! All home inspectors will have to fill-in mandatory application forms and purchase their in-house (and outrageously expensive) E&O Insurance and some will have to go back to school (if one can afford that) to complete a 3 year community college diploma in order to qualify for membership as a “techie”!
Talk about restricting freedom of choice and a free market!
Home Inspector Associations who have some membership in Québec should vigorously and legally oppose such practices, be it in Québec or anywhere!

More info at:



Perhaps I missed something, but I don’t see anything in the act giving this body the right to select one group over the other and to its own arbitrary standards.


Anti competitive? Exclusion?
Creates a monopoly in light of the fact it controls 90% of the real estate sales?

It would also appear it may be contrary to a Competition Bureau ruling…

  1. Rules and regulations should not restrict competition any more than is necessary to achieve the desired objectives.

  2. Rules and regulations must be impartial and not self-serving – i.e, they should not constrain the ability of particular market participants to compete.

  3. Rules and regulations should be subject to periodic review and assessment.

  4. To the extent possible, associations should seek to promote open competition in order to maximize consumer benefits and the efficient utilization of resources.

            **[Competition Bureau Revisits its Self-Regulated Professions Study After Four Years](http://www.ipvancouverblog.com/2011/09/competition-bureau-revisits-its-self-regulated-professions-study-after-four-years/)**
            	September 6, 2011
                    				On September 2, 2011, the Competition Bureau released its “ex-post assessment” of its 2007 Self-Regulated Professions Study ([Self-regulated professions – Balancing competition and regulation](http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/vwapj/Professions%20study%20final%20E.pdf/$FILE/Professions%20study%20final%20E.pdf) (December, 2007)).

According to the Bureau, its new Study “surveys and assesses developments that have taken place relating to recommendations made in [its] 2007 Study” and “provides an overview of the progress made since 2007” to the earlier recommendations made by the Bureau.
In 2007, the Bureau released a Study on the rules and regulations governing five Canadian professions (real estate agents, pharmacists, lawyers, accountants and optometrists), intended to study the impact (or lack of it in some cases) of competition on the self-regulated professions in Canada.

The Bureau’s 2007 Study examined six aspects of self-regulation – in particular, restrictions on entering a profession, mobility, business structure, scope of services/practice, advertising and pricing and compensation – and made 53 recommendations to the various professions in an effort to try and enhance competition in those professions.
In addition to these specific issues, the Bureau’s 2007 Study also set out the following six “guiding principles” for how professional associations and, to the extent relevant, provincial governments, should approach the self-regulation of professionals from a competition law perspective:

For the Bureau’s news release see:
Competition Bureau Releases Ex-Post Assessment of the Self-Regulated Professions Study
For the Bureau’s study see:
Self-Regulated Professions – Post-Study Assessment
For the Bureau’s 2007 Study see:
Self-regulated professions – Balancing competition and regulation

Very informative Raymond. Thanks!

The website does not as yet show the amended rules (rule 82) but will soon.


Good post Ray.

OTTAWA, December 11, 2007 — Canada’s self-regulated professions should re-examine their rules to ensure they serve a public good and do not go too far in restricting competition, a Competition Bureau study says.


Thanks Ray again as per usual you find and report so much great information…Roy

Man I miss that guy!!!

Seeing that things obviously change and the political landscapes my be in flux I find it hard to believe this will become mandate.

Any more news G.?
Cancelling the promise to purchase**
If, according to the buyer’s opinion, such factors have been unveiled and that he is no longer interested in buying the immovable for this reason, he must under the generally used inspection clauses and within the specified time frame send a written notice to the seller accompanied by a copy of the inspection report. It is the receipt of such notice by the seller which will render the promise to purchase null and void.

Many agents as of late have paid or tried to manipulate the inspection services fee.
Last night…
Broker is paying for the inspection,(conflict of interest)
1.) Try to set a price at $400 dollars.
2.) Telling his client to ask for ( no tax) and yes ( cash no receipt at times) that the little house of cards will surely fall.

Once the government sees the real estate industry players is the negative influence regulation will be more meaningful. JMO

I see it a propaganda. looking to appease the lobbing brokerage.

You cannot have honest home inspection licensing without mandated building codes. How do you write up a defect as a defect? How do you know that the defect “you” see is actually a defect?

Without building codes and licensing of all home builders, contractors of all trades, home inspection licensing never works.

This is how Missouri laws are never passed. California, never. Many states that have to renew home inspection laws (sunset) are looking at to throw out these worthless laws.

Just look at the state of Texas. RE’s control home inspectors down there, and new lawsuits erupt daily because of the conflicts.

Agreed Mr. Farmsworth.
Unfortunately theRBQthat are understaffed are the infocers of the code laws or at least that is my understanding of the situation.

They walk a fine line using NBC as their guidelines.
Safety falls under CSC or the CSA.
They balance the two by;hese two codes are adopted chapter by chapter and are progressively replacing the seven laws and thirty-odd regulations that were previously in effect. The goal of this process is, obviously, to simplify regulations, but also to better define the responsibilities of owners and construction professionals.
Quebec invents its own laws and thinks it cheaper for the population???
Welcome to the nation within a Country. HA HA HA.

Building codes are a basic, minimum standard; so are home inspection laws. If you have no codes, then why have inspection laws?

People who want the laws, and try to make it better for the home buyers, all end up making it worse.

Free enterprise does, and always, works. Look at California; the fourth largest economy in the world has no home inspection laws.

There are always special interest groups behind the scenes who want basic, minimum standards, cheap prices, all to not alarm the home buyer, so homes will sell, so RE’s and brokers make commissions and sales dollars.

That is the only reason why home inspection laws are “needed”.

Take the meeting that was formed with stakeholders to start the 2 year “Home Inspection Technician Diploma.”. Both Mike Holmes and Real Estate acting President of the board was behind it.
City are the ones that were going to benefit but not any Association of Home Inspectors and not the Home buyers. The teens coming out still can’t hang a shingle.
They are working with different Trades and one OAHI Inspector has retired so all that is left are InterNachi Inspectors and one member associate of OAHI.
Since he has not renewed he is not able to help either according to the rules listed on OAHI website.
We do need regulation but not internally only someone at arms length can provide this without the improper influence.
I say CSA please step in!

Another useless rant!!!:shock:

Mr. Farnsworth.
Level out the 3 industry’s.
1.) Code write code. Its all jurisdictional anyway.
2.) Stop agents and brokerages from referring home inspectors. They have to market themselves and thus the low balls have to marketing themselves from the start.
3,) HI’S will be forced to know there job or loose market share.
Take away the real estate agents ability to refer inspectors and a great majority of the conflicts of interest go away.
Sorry Garry. last post for tonight.

I should not have let that one go.

My City has over 120 Real Estate Agents to choose from. From that group I have selected ones in my preferred list. These Agents all know that they are to remain quiet during the Inspection and not voice opinions to the Client until after the Inspection. They sit in the car or out of reach so to seam and not listen to the conversation. Some I have been dealing with for years have a love to learn so they follow my Client and me. They always ask permission, are polite and never speak out of line.
Now lets flip the coin.
Some Home Inspectors have not learned what to do and still can’t get on the good side of the Real Estate Agents. Various reasons some miner and others major.
Some don’t know how to talk during an inspection so they put their foot in their mouth and loose the respect of the Client and Real Estate.
Then there are the ones that try to appease all Real Estate Agents by providing them training, candies, bribes, soft reports ect.
These ones should be removed by the Home Inspection Industry internal affairs POLICE.:shock:

I also forgot about the reports on site. There is a reason why a Home Inspector should not do this IMO. We have all heard the sales pitch and know what happens when we make a quick decision, by adding this service to a Client he or she may make a decision they regret later and it makes the Real Estate happy because he can now put pressure for him or her to sign on the spot. We don’t want to make them happy for the wrong reason.
I have seen it and and I always tell my Client to think about the purchase first even if no major issues are found.
Now for those that are smart enough to do the report on site has no bearing on this argument. With new technology all of us can do it.
Question is should we!

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Wise words. Personally, I like to take a closer look at all my photos and review the whole inspection before I produce a report, in most cases within 24 hrs. I’ve tried most “on the spot” report producing packages including Tap Inspect and prefer to do it within 24 hrs.


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Why can they not Hang out a shingle and start inspecting after a 2 year course?

It is an expression Jim! They will not get far in the business as the competition is fierce and unrelenting. Most do not have the equipment and may never have the crew to help.
Not saying they can’t hang a shingle as they do learn how to build a fully shingled shed. A shed is a far cry from many roof designs here with high pitches valleys and all the fixing and trims.
Just think of the cost of equipment not to mention the speed of the veterans that will keep them biding higher just to keep food on the table.
Sure if the daddy has deep pockets he may be able to set him up with all the equipment needed to survive but lets face it next time take a good look at how fast a veteran can go compared to a newbie.
As for Home Inspection this is becoming highly competitive also and if you are not CERTIFIED even the Real Estate Agents are recommending only use CERTIFIED or REGISTERED Inspectors.
Don’t believe me just look at the RE/MAX site.