[BUYING AND SELLING REAL ESTATE IN CANADA - QUÉBEC]
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including renewals) and 12 months from the date of the sale. This puts the tenant is a very precarious position, particularly if the premises are desirable and the rental is below market, if the tenant cannot easily find replacement premises, or if the tenant has made significant improvements and cannot recoup their cost. Since November 8, 2021, all documents to be published at the Land Registry may only be submitted electronically. A digital inscription may be submitted by land surveyors and bailiffs, in addition to lawyers and notaries, even if they did not prepare the underlying document. VIII. CHARTER OF THE FRENCH LANGUAGE The Charter of the French Language (Québec) makes French the exclusive official language in the Province of Québec, although other languages (such as English) may be used in certain circumstances and under certain conditions. All contracts which are imposed by one party on the other and are not negotiable are considered adhesion contracts and must be presented to the party on whom they are imposed (the adhering party) in French, after which the adhering party may agree to receive and sign an English version. Since September 1, 2022, regardless of the date of their signature, all deeds and other documents (example, a notice of lease) submitted for publication at the Québec land registry office must be filed exclusively in French,; if filed in a language other than French, they must be accompanied by a certified French translation, failing which they will be rejected. A contract for the sale or exchange of part or all of a chiefly residential immovable of fewer than 5 dwellings, or of a fraction of a chiefly residential immovable that is the subject of an agreement or declaration of co-ownership must be drawn up in French but may be prepared
exclusively in another language if all parties expressly so agree. However, the promise to enter into such a contract, as well as the preliminary contract required to be entered into between a builder or developer and an individual purchaser of an existing or planned residential immovable, and the memorandum required to accompany it if the immovable is to be held in co-ownership (i.e., a condominium), must be prepared exclusively in French. Furthermore, all supporting documents accompanying a registration request (for example, proof of service of a notice or judgment, a certificate of death, etc.) must be in the French language, or if drafted in another language, must be accompanied by a French version certified by a licensed translator. In addition, the Charter of the French Language regulates signage outside a building, as well as signage inside the building which is visible from the outside. Generally speaking, English trademarks (whether registered or common law) may be used without a French equivalent, provided that a French trademark has not been registered, but must be accompanied by a Frenc generic term describing the nature of the goods of services offered (ex., Café Second Cup). Furthermore, the French non-trademarked text must be twice as prominent (generally twice as large) as the English version. IX. CANADIAN COMPETITION ACT There have been significant modifications to the Canadian Competition Act (the “ CA ”) between 2022 and 2025 which impact the real estate landscape in Canada. These amendments include modifications to abuse of dominance provisions, an expanded civil agreements provision, an enlargement of the definition of “anti competitive” act and increases in the penalties for violation of these provisions.
ILN Real Estate Group – Buying and Selling Real Estate Series
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