The contingency fund study for a Quebec condo, provided for in article 1071 of the Civil Code of Québec, cannot be done by anyone. The Bill 16 regulation, adopted under decree 991-2025, strictly governs the professional's qualification.
The five authorized professional orders
The regulation allows five categories of professionals (Decree 991-2025, arts. 1 and 7):
- Engineer registered with the Ordre des ingénieurs du Québec (OIQ),
- Architect registered with the Ordre des architectes du Québec (OAQ),
- Professional technologist registered with the Ordre des technologues professionnels du Québec (OTPQ),
- Chartered appraiser registered with the Ordre des évaluateurs agréés du Québec (OEAQ),
- Chartered professional accountant (CPA) registered with the Ordre des CPA du Québec.
Note: the CPA is specifically authorized for the contingency fund study (art. 7, par. 2 of the regulation). They are not authorized for the maintenance logbook, which requires building expertise and is reserved for the four technical orders (OIQ, OAQ, OTPQ, OEAQ).
Each of these orders imposes on its members a code of ethics, mandatory professional liability insurance, and continuing education. A professional's registration is publicly verifiable.
The « principal professional activities » requirement
The regulation adds a practice condition: the mandated professional's professional activities must primarily concern real-estate management, construction, renovation, valuation, or inspection (Decree 991-2025, art. 1, par. 2°).
In practice, an aerospace engineer who has never worked on buildings does not meet this condition, even if registered with the OIQ. Always verify the professional's recent experience in divided co-ownership.
The independence requirement
The chosen professional cannot have any conflict of interest with the syndicate (Decree 991-2025, art. 1, par. 3°). This excludes:
- Any director on the board,
- The syndicate's manager,
- Any co-owner of the building, even if professionally qualified,
- Any occupant or resident of the building,
- The spouse of any of these persons,
- Any shareholder, officer, director, or employee of a legal person, partnership, or trust that is a co-owner, occupant, or manager of the building.
This rule has no exceptions: a co-owner who happens to be an engineer cannot produce the study for their own syndicate. Independence is what gives the document credibility — a buyer, a financial institution, or a new board must be able to rely on it without suspecting bias.
How to verify a professional's credentials
Before mandating someone, systematically verify:
- Registration with the order — each order publishes an online directory (
oiq.qc.ca,oaq.com,otpq.qc.ca,oeaq.qc.ca,cpaquebec.ca) where you search by name or member number. - Professional liability insurance — request written proof, not just a verbal claim.
- Recent experience in divided co-ownership — required by the regulation and essential in practice. Request recent references for comparable buildings.
- Absence of conflict of interest — confirm in writing that they have no link with a director, the manager, or any co-owner.
Choosing the right order for your co-ownership
The regulation doesn't impose a specific order — it's up to the syndicate to choose the professional best suited.
- Small co-ownership (≤ 20 units, few mechanical systems): a professional technologist or chartered appraiser is generally sufficient. Lower cost, shorter timeline.
- Mid-sized co-ownership (20–80 units, elevator, centralized systems): an architect or experienced professional technologist.
- Complex co-ownership (> 80 units, centralized ventilation, underground parking, pool): an engineer is generally the best choice for mechanical and structural systems.
- Special case — financial projection on a limited set of components: a CPA may be suitable, especially if the inventory is already documented by an existing maintenance logbook.
Consequences of a study by a non-authorized professional
A study produced by someone outside one of the five orders — or by someone who breaches the independence rule or the principal-activities condition — has no regulatory value. The syndicate is then non-compliant with Bill 16, with two direct consequences:
- The syndicate certificate issued during a unit sale must declare the study's status, which can block or delay a transaction.
- Directors expose themselves to a civil liability claim from co-owners if a special assessment becomes necessary following a defective study.
How long does it take to produce the study
From mandate to delivery of the final report, expect generally 6 to 12 weeks for an average co-ownership. This includes a physical site visit, review of plans and maintenance history, inventory of common elements, estimation of remaining useful lives, and the financial projection over at least 25 years.
The obligation to have a compliant study fully comes into force on August 14, 2028 for existing co-ownerships. Lead times will lengthen as the date approaches. Mandating the professional in 2026 or early 2027 is a prudent strategy.