Specific statutes
Several specific statutes have an impact on the real estate broker’s practice. They constitute restrictions of public law that are exceptions to ordinary law.
These are laws or regulations issued by the various levels of government (federal, provincial or municipal) that limit the right of ownership. Unlike the Civil Code of Québec, which applies to all immovables and their owners – what is known as the jus commune, or ordinary law – not all immovables in the province are governed by these statutes.
The main purpose of this chapter is to assist the broker in making certain verifications when faced with these special cases.
The usefulness of the following clauses will be discussed:
“All transfer duties have been paid.”
“The immovable is not located in an agricultural zone.”
“The immovable is not part of a housing complex”.
“The immovable does not constitute a portion that has been detached from a housing complex following an alienation since the coming into force of the provisions of the Act prohibiting such alienation.”
“The immovable is not classified or recognized and is not situated in a historic district or in a protected area provided for in the Cultural Heritage Act.”
“He is a Canadian resident within the meaning of the Income Tax Act and the Taxation Act and does not intend to change this residence.”
“The immovable does conform to the laws and regulations relating to environment protection.”
