This content in English is intended for individuals covered by the exceptions to the Charter of the French language and its regulations.

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Steps

The request must be sent to an arbitration body authorized by the Régie du bâtiment du Québec within 30 days of receiving the plan manager’s decision or within 30 days of the mediator’s notice of total or partial failure of the mediation.

After receiving the request, the arbitration body appoints an arbitrator and notifies the interested parties and the guarantee plan manager.

The plan manager must then send the contested file to the arbitration body, which will send the guide [Fr] – PDF (132 KB) to the applicant. The guide will help the applicant fully understand the entire arbitration process, particularly with regard to :

the right of the parties to be represented by a person of their choice
rules of procedure and evidence
the method of summoning witnesses and experts
the possibility of inspecting goods or visiting the premises
the recording of an agreement between the beneficiary, the contractor and the plan manager, or of a withdrawal from an arbitration
arbitration decision ratification.

The arbitrator’s decision is final and without appeal. However, it is possible to appeal a decision before the Superior Court of Québec in certain cases, for example, when the arbitrator has committed a serious error or exceeded their jurisdiction.

When repairs have been made

Necessary and urgent conservatory repairs may have been made to prevent the building from deteriorating. You should inform the contractor, plan manager and arbitration body in your application or at any time during the hearing.

The arbitration process

An initial meeting between the parties and the appointed arbitrator must take place within 30 days of the arbitration request (or 15 days if the claim concerns a contractor’s membership).

The arbitrator must notify the parties at least 5 days in advance of the date, time and place of the hearing.
The applicant must ensure that the file is complete (photos, expert report, correspondence from the contractor, beneficiary or guarantee plan manager, etc.) and that it is sent to the interested parties and the arbitrator by the agreed date.
If the applicant has reason to believe that one of the witnesses will not appear at the hearing, the applicant may apply to the arbitration centre and have a summons issued to compel the witness to appear and give evidence.
Don’t hesitate to seek the services of a lawyer or other legal resource for consultation or representation, if legal points need to be discussed or if the amounts involved are significant.

Arbitration costs

Organizations authorized by the RBQ to conduct arbitration related to the guarantee plan must apply the RBQ-approved fee schedule [Fr] – PDF (141 KB). This schedule shows arbitration costs including expenses incurred by the organization in question, the cost of its services, arbitrators’ fees and provisions for expenses.

Arbitration requested by a beneficiary

Arbitration costs are fully refundable by the plan manager if you win at least one of the points in dispute. If you lose on all points of your application, you may have to pay the costs.

Arbitration requested by a contractor

Arbitration costs are shared equally between the contractor and the plan manager, regardless of the arbitrator’s decision.

Other costs

Throughout the arbitration process, each party may incur costs that are not included in the fee schedule and are not reimbursable, such as lawyer’s fees, personal expenses incurred in preparing the case, travel expenses, lost wages, etc.

The same applies to experts’ fees, although in some cases these may be reimbursed. The arbitrator will have to decide whether the experts’ fees are to be fully or partially reimbursed to the beneficiary even when the beneficiary is not the applicant. Total or partial reimbursement will be decided on the basis of the expert report’s usefulness in the case.

To help you prepare your case, you can consult arbitration decisions by subject or by contractor.