Condominiums in Quebec: Bill 16, the maintenance log and the contingency fund study

    In short: Bill 16 (2019, chapter 28, assented to on 11 December 2019) requires Quebec condominium associations (syndicats) to have a maintenance log drawn up, to obtain a contingency fund study every five years and to give a syndicate certificate to an owner who sells, within 15 days. Several parts depend on implementing regulations; according to a consultants' commentary, the regulation has been in force since 14 August 2025 (to be verified).
  

A provincial law: the case of Quebec

In Canada, condominium law is a provincial matter. This article covers Quebec, where divided co-ownership (copropriété divise) is governed by the Civil Code of Québec. Other provinces (Ontario, British Columbia…) have their own laws, which are not covered here.

Bill 16 in brief

The act "mainly concerning the regulation of building inspections and divided co-ownership" (2019, chapter 28) was introduced on 3 April 2019, adopted on 5 December 2019 and assented to on 11 December 2019. It came into force on 10 January 2020, except several provisions that depend on government regulations.

The maintenance log (art. 1070.2 C.c.Q.)

The association's board of directors has a maintenance log of the building drawn up, describing in particular the maintenance done and still to do. It keeps the log up to date and has it reviewed periodically. The form, content, review procedure and who may prepare it are set by government regulation.

The contingency fund (art. 1071 C.c.Q.)

The fund must be partly liquid, available at short notice, with its capital guaranteed. It belongs to the association and the board decides how it is used.
Every five years the board obtains a contingency fund study setting the sums needed to cover the estimated cost of major repairs and replacement of common areas.
Contributions are set on the basis of the study's recommendations.
Until the developer obtains the study, contributions must equal 0.5% of the building's reconstruction value.

Transitional rules (articles 151 to 154 of the act)

Bill 16 transitional provisions on the maintenance log and the contingency fund
Subject	Rule set by the act
Deadline for the log and first study	No later than the day after three years from the entry into force of the relevant regulation (associations whose transition meeting was held more than 30 days earlier)
Informing owners	Log and study made available within 60 days of being obtained, or before the annual meeting if it falls within that period
Setting contributions	By the board, within 30 days of the first annual meeting after the study is obtained
In the meantime	At least 5% of owners' contributions to common charges
Insufficient fund	Contributions set so the fund is sufficient no later than 10 years after the first study

The syndicate certificate (art. 1068.1 and 1068.2 C.c.Q.)

A seller of a unit must give the prospective buyer, in good time, a certificate from the association on the state of the condominium, whose form and content are set by regulation. The association provides it within 15 days to the owner who asks. These obligations apply from the appointment of a new board after the developer loses control.

A prospective buyer may also ask the association for the documents and information needed for informed consent, at their own cost (art. 1068.2).

Other changes

Special contribution: the board must consult the owners' meeting before deciding one (art. 1072.1).
Movable hypothec: the association may grant one only with the meeting's authorisation (art. 1076.1).
Deposits by buyers of new units: they must be fully protected (guarantee plan, insurance, surety or trust account) (art. 1791.1).

Where does the implementing regulation stand?

The details of the log, the study and the certificate depend on regulations. The Quebec government announced on 11 September 2024 the pre-publication of a draft regulation (log prepared by a professional, contingency fund study, certificate issued within 15 days, deposit protection). According to a commentary by consultants Rimkus, the regulation has been in force since 14 August 2025, with a deadline of 15 August 2028 for many associations, a log updated yearly, a professional review at least every 5 years (10 years for certain small buildings) and a study renewed every 5 years.

To verify: the dates and periods in the previous paragraph come from a commercial commentary and a 2024 press release, not from the text of the regulation, which we could not read. Confirm them on Légis Québec, in the Gazette officielle du Québec or with a Quebec legal adviser before acting.

What to do for your association

Check whether your association has a maintenance log and a contingency fund study, and when they were prepared.
Put the study on the agenda of the annual meeting and set contributions accordingly.
Prepare the certificate for sales: contingency fund, insurance, charges and pending disputes.

Sources

Frequently Asked Questions (FAQ)

What does Bill 16 require of Quebec condominium associations?
A maintenance log of the building, a contingency fund study every five years and a certificate from the association given to an owner who sells, within 15 days.

What happens if the contingency fund is insufficient?
Under the transitional provisions, the board must set contributions so that the fund is sufficient no later than 10 years after the first study (article 154 of Bill 16).

Does this article apply across Canada?
No: condominium law is a provincial matter. It covers divided co-ownership in Quebec.

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Informational article based on the official text of the 2019 act, chapter 28 (Publications Québec), a 2024 Quebec government press release and a consultants' commentary. The implementing regulation could not be consulted. Not legal advice. Quotations from the act are our translation.