This is LONG and I’m sorry about that. DO READ IT as it may affect your future and right to practice as an inspector in Québec!
As you may be aware, the Real Estate Profession is now exclusively regulated by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) a para-public organization created by the Government of Québec. Although this might be a great happening for the real estate profession, it does involve some radical and important changes for Home Inspectors.
For the time being, even if several efforts have been put forth by different groups including some inspector associations, the practice of (pre-purchase) home inspection is still unregulated. There are however, very strong indications that the Government of Quebec will at some not so distant future time, legislate the practice where OACIQ would police our profession, as is now the case in Alberta and B.C.
With the coming into law of the new OACIQ through the Real Estate Brokerage Act on May 1, 2010, a series of regulations later came into effect, regulations every Québec Home Inspector needs to be aware of.
Article 81 states:
A broker or agency executive officer must recommend to the person proposing to acquire an immovable that the person have a full inspection performed by a professional or a building inspector who
(1) has professional liability insurance covering fault, error and omission;
(2) Uses a recognized inspection service agreement;
(3) Performs inspections according to recognized building inspection standards; and
(4) Submits a written report to the party that requested the inspection services.
The broker or agency executive officer may furnish a list of more than one professional or building inspector meeting the requirements of the first paragraph.
O.C. 299-2010, s. 81.
** This basically means that, if you, as an inspector, do NOT FULLY comply with article 81 of the regulations, a real estate agent SHOULD NOT RECOMMEND YOU! And if they do, they can be liable for anything from a reprimand to losing their license!**
This is serious business! And the OACIQ have every intention of clamping down on agents who don’t follow the rules!
HOW DOES THIS AFFECT YOU AS AN INDIVIDUAL?
Well if you already are following the 4 basic requirements of Article 81 AND real estate agents you deal with are AWARE of this, you’re good to go. The OACIQ has not shown any desire to “recognize” individual inspectors but rather, recognize Inspector Associations only BUT this may change in the near future.
WHAT ABOUT INSPECTOR ASSOCIATIONS?
The OACIQ have been moving very fast on this file since 2011 when in July, they officially recognized the Association des inspecteurs en bâtiments du Québec (AIBQ). Since that time, no other inspector organization has officially been recognized although some, namely ANIEB have put in petitions to be recognized.
Several Real Estate Brokers I deal with have reported to me receiving a visit from the AIBQ, who aggressively promote themselves as “the only inspector association approved by the OACIQ”. This is not true of course, as approval doesn’t exist BUT recognition does! And this action is taking its toll with inspectors from other associations! And the most targeted city seems to be Québec City, where other associations are basically shut out!
In order to stop this and to give InterNACHI Québec inspectors equal opportunity, a recognition request has to me made to OACIQ right now!**
HOW / WHEN CAN INTERNACHI QUÉBEC INSPECTORS BE RECOGNIZED?
I have been involved with the OACIQ in this process with 2 other inspector associations (been there done that) and am very familiar with the requirements (article 81 compliance + a pick list imposed on the association).
The first requirement is that it become mandatory for ALL Québec InterNACHI inspectors to be insured (E&O) as a group! This requirement is without exception and we won’t even get to first base with OACIQ if this is not policy!
Nick (Gromicko) and I have been exchanging dozens of emails on this and we do not agree so we did agree that we should put it to the members and let them decide:
The question: In view of OACIQ’s mandate to “recognize” building inspectors and inspector associations and in view of the most likely upcoming legislation where they’ll police it, InterNACHI Québec members urgently need to be recognized as an association by the OACIQ. ***In order to achieve this, we need to obligate each and every member, existing or future, to have E&O insurance as a requirement to be a member of InterNACHI Québec. ***
If, as an InterNACHI Québec member, you’re not presently insured against E&O, I’m presently in touch with a broker (HUB International) that will prepare an affordable package that will meet OACIQ’s requirements.
In order for InterNACHI Québec to be considered for recognition by OACIQ this clause HAS to be approved and an “I VOTE FOR THIS” ballot is required.
a- I VOTE FOR THIS
b- I VOTE AGAINST THIS.
• Email your vote along with your InterNACHI member number (these will be checked by InterNACHI) only registered Québec members of InterNACHI are allowed to vote.
• Voting period: We’ll allow three (3) consecutive days for votes to be cast to my email (firstname.lastname@example.org) and the majority will prevail!
• Results will be posted on this blog.
THE NEXT STEP:
If we get a YES vote, admission requirements to InterNACHI Québec will be changed as required.
If we get a NO vote, we abandon the project.