Auditor General’s Scathing Report : Property owners demand immediate intervention from the Minister

Montréal – Whilst acknowledging the Auditor General’s scathing observations on the administrative management of the Régie du logement, CORPIQ urges the Minister of Municipal Affairs, Martin Coiteux, to modify the law in order to reform this tribunal.

CORPIQ is appalled to learn, whilst recognizing the report released today, that “31 % of hearing time was not used by commissioners for hearing cases, thus equivalent to 5300 hearing sessions”. This is a troubling revelation which demonstrates the administrative and regulatory red tape that prevails at the Régie. All this occurs while 40 000 cases introduced by property owners and by tenants where awaiting a hearing in November 2015, a record.

Furthermore, the Auditor General is categorical: “The Régie du logement has not implemented any procedures to minimize delays  […] The Régie has not instituted any means by which the effects of a postponed hearing would have, notably by the improvement of the delays to send out convocation notices”.

“Since the Auditor General’s last report which, in 2001, denounced management problems, the government has not acted and the situation has continued to deteriorate” has declared the CORPIQ’s Director of Public Affairs, Hans Brouillette. “It cannot go on like this. With this report, the minister now has everything in hand in order to act”.

We also learn that the average delay for the complete processing of the entirety of cases has now reached 7 months, comparatively to 6 months like it was the case five years ago. Although the Régie du logement has reacted to the report by claiming not being fully responsible for the delays in the judiciary process, CORPIQ sounds the alarm: “It however seems evident that the Régie has a duty to contribute in finding solutions to these delays, in particular those which are attributable to itself, and to ensure that the parties addressing the tribunal have confidence they will obtain justice”, adds Mr. Brouillette.

Three issues to act on

For many years now, CORPIQ pressures the government to adopt measures on three particular issues: reducing the administrative delays at the Régie du logement, reducing legislative delays, and reducing the number of judicialised disputes at the source. A memoir on these issues has indeed been handed to four Ministers of Municipal Affairs that held office since 2011.

Regarding administrative delays at the Régie du logement, CORPIQ welcomes the recommendations of the Auditor General. Postponed hearings, notably, constitute a scourge. A better convocation process and a stricter control on postponing hearings would improve the tribunal’s efficiency. They are however insufficient measures, considers CORPIQ.

As a second issue, CORPIQ requests that Minister Coiteux review the law to prevent certain procedures that unnecessarily clog the system and account for a great waste of time: Holding hearings for non-contested cases, abusive retraction requests, long deliberations (up to three months) instead of rendering decisions on the bench, etc. That would however not be enough.

This is why CORPIQ proposes a third issue to the Minister, the only one who can make a change: reduce the number of cases relative to non-payment of rent, damages, and abandonment, which represent close to two thirds of the 70 000 cases introduced at the Régie. Since this tribunal tries in vain to encourage conciliation instead of judicialising disputes, to authorise a security deposit upon the signature of the lease would allow owners and tenants to maintain amicable relationships. The parties would only turn to the tribunal as a last resort, suggests CORPIQ. This would make commissioners available to hear other cases.

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