The Association des Propriétaires du Québec (APQ) was stunned to read the Canadian Press article "The Françoise David law that protects seniors from evictions could soon be expanded." (1)
This is astonishing because the repossession of housing is one of the most complex legislative processes to carry out for a landlord as the standards are so strict, but also because the repossession of housing has been strengthened to the advantage of tenants since February 21, 2024 with the adoption of Bill 31.
Under Bill 31, all landlords are deemed to be acting in bad faith: It is now up to the landlord, in the context of an action for damages resulting from an eviction, to show that the eviction was made in good faith. This amendment also applies in the case of a repossession of a dwelling.
"The government and Québec Solidaire do not seem to be aware of the laws in place and the difficulty of being a homeowner. The fact that the tenant is a tenant in the premises and entitled to compensation if a landlord wants to take back his property, are only aberrations from a property law point of view," according to Martin Messier, President of the QPA.
According to Québec Solidaire, Bill 198, which the CAQ government was planning to see revived, is a bill to further protect seniors:
• lowers the minimum age for this protection to 65
• reduces the number of years of occupancy of the tenant to 5 years
• increases the maximum income to qualify for this coverage
| Année | 2018-2019 | 2019-2020 | 2020-2021 | 2021-2022 | 2022-2023 |
| Reprise du logement | 1 061 | 1 484 | 1970 | 2540 | 2693 |
"Before trying to change the law, when tenants are already protected in an incredible way, it would be appropriate to draw up a list of the changes that affect private rental law and that require real change. Especially since the repossession of housing has been the subject of a lot of attention with Bill 492 and Bill 31," adds Martin Messier.
On March 26, the QPA was relieved by the statements made by Mr. Simon Jolin-Barrette, who suggested that his party had little appetite to pass it. (2)
The Association des Propriétaires du Québec (APQ) will be ready to make its voice heard if hearings on this bill are held.