Guarantee Plan
For New Residential Buildings
Mediation is a process by which the owner and the contractor, by mutual agreement, submit the dispute to a mediator for resolution.
It’s a simple, flexible and voluntary course of action. The parties are encouraged to come to an agreement and are assisted by a professional mediator who is neutral and external to the conflict. The mediator does not have the power to impose rules of procedure.
Since mediation is an informal procedure, the parties can focus on their own experience and needs. In other words, the parties have the opportunity to hear and be heard. Once a complete or partial solution has been reached, the mediator drafts an agreement to be signed by the parties and the mediator.
Generally, three people attend the mediation meeting : the beneficiary, the contractor and the mediator. However, the plan manager may also participate at the parties’ request.
Within 30 days of receiving the plan manager’s decision, the parties must :
The request may be sent by email to plandegarantie@rbq.gouv.qc.ca or by mail to :
Direction des plans de garantie
Régie du bâtiment du Québec
255, boulevard Crémazie Est, 2e étage
Montréal (Québec) H2M 1L5
Once the request has been received, the Minister of Labour designates the mediator chosen by the parties and sends a copy of the designation to the guarantee plan manager.
Mediation costs are shared equally between the beneficiary, the contractor and, if present at the mediation, the plan manager. Costs can also be shared according to a formula agreed on by the parties.
If a total or partial agreement is reached at the end of mediation, it must be recorded in writing and signed by the parties and the mediator.
If the mediation fails, the beneficiary or the contractor may submit the dispute to arbitration within 30 days of receiving the mediator’s notice of the total or partial failure of the mediation.
