Building Superintendent Contract (Quebec)

A Quebec Building Superintendent / Caretaker Contract (Contrat de gardien d'immeuble ou de concierge) is a written employment agreement between a property owner or property management company (the employer) and a person hired to manage, maintain, and care for a residential, commercial, or mixed-use building on an ongoing basis. The contract formalizes the legal relationship under the Code civil du Québec (C.c.Q.), particularly articles 2085 to 2097 governing employment contracts, and the Loi sur les normes du travail (LNT, RLRQ c. N-1.1). When a service dwelling (logement de fonction) is provided on-site, article 1854 C.c.Q., which requires landlords to confirm the peaceful enjoyment of dwellings, is also relevant to defining the superintendent's occupancy rights.

A building superintendent (gardien d'immeuble, also called concierge, or surintendant) is an employee hired primarily to maintain the physical condition of a building and manage its day-to-day operations. Unlike an independent property manager who oversees multiple properties from an external office, a building superintendent typically works on-site and may live in the building they manage. The position spans a wide range of responsibilities depending on the size and type of building: cleaning and maintenance of common areas, minor repairs, snow removal, waste management, tenant liaison and complaint handling, emergency response, access control, and coordination with tradespeople.

The legal framework for superintendent employment in Quebec is multifaceted. As an employee, the superintendent is subject to all LNT minimum standards: minimum wage (art. 40), overtime at 150% beyond 40 hours per week (art. 52), 8 paid statutory holidays (art. 60), vacation pay (arts. 66-72), minimum notice of termination (arts. 82-83), and mandatory CNESST workers' compensation coverage under the LATMP (RLRQ c. A-3.001). The LNT also protects superintendents against psychological harassment (art. 81.18 LNT) and discriminatory practices under the Charte des droits et libertés de la personne (RLRQ c. C-12).

The service dwelling (logement de fonction) is a distinctive feature of many superintendent employment arrangements. Unlike a standard residential lease, a service dwelling is provided as an employment benefit tied to the performance of the superintendent's duties — it is an accessory to the employment contract, not an independent tenancy. This distinction is important because it means that when the employment ends, the right to occupy the service dwelling also ends, without requiring a full residential eviction process. However, the employment contract must clearly establish this link between the dwelling and the employment to prevent a court from requalifying the arrangement as an independent tenancy under the residential tenancy provisions of the Civil Code. The Tribunal administratif du logement (TAL) has jurisdiction to rule on the nature of a superintendent's occupancy, and a poorly drafted contract may result in the superintendent being treated as a tenant with full residential tenancy protections, making removal significantly more difficult.

The Loi sur la santé et la sécurité du travail (LSST, RLRQ c. S-2.1) imposes workplace health and safety obligations on building employers, including mandatory SIMDUT (hazardous materials) training for superintendents who work with cleaning chemicals, maintenance products, and other controlled substances. The superintendent also has an obligation of loyalty and confidentiality under CCQ art. 2088, which is particularly relevant given their access to tenant information, building security codes, master keys, and sensitive operational data. The good faith obligation under article 1375 C.c.Q. applies throughout the employment relationship, requiring both parties to exercise their rights in a manner consistent with good faith. Bill 96 (Loi 96) requires that employment contracts offered to Quebec employees be drafted in French, which this template fully complies with.

Article 1385 of the Civil Code of Quebec establishes the foundation of contractual obligations, while Article 1590 of the Civil Code of Quebec governs remedies for non-performance. Section 40 of the Consumer Protection Act of Quebec (CQLR c P-40.1) regulates unfair contract terms. The Commission des normes de l'equite de la sante et de la securite du travail (CNESST) enforces the Act Respecting Labour Standards of Quebec (CQLR c N-1.1). Section 49 of the Charter of Human Rights and Freedoms of Quebec protects fundamental civil liberties. The Tribunal administratif du Quebec (TAQ) hears administrative disputes under Section 14 of the Act Respecting Administrative Justice of Quebec (CQLR c J-3). The Regie du logement du Quebec (now Tribunal administratif du logement) adjudicates residential tenancy disputes under Section 28 of the Act Respecting the Regie du logement of Quebec. The Autorite des marches financiers du Quebec (AMF) regulates financial services under Section 4 of the Act Respecting the Autorite des marches financiers of Quebec. Revenu Quebec administers the Taxation Act of Quebec (CQLR c I-3) and the Act Respecting the Quebec Sales Tax of Quebec (CQLR c T-0.1). The Barreau du Quebec and the Chambre des notaires du Quebec regulate legal professionals under Section 1 of the Professional Code of Quebec (CQLR c C-26).

A Quebec Building Superintendent / Caretaker Contract is needed whenever a property owner or manager hires a person to provide on-site building management and maintenance services on an ongoing, regular employment basis. The following circumstances most commonly require this type of contract.

For medium to large residential apartment buildings, the owner or property management company typically hires a superintendent to manage day-to-day operations. Buildings with 10 or more units in Quebec often require at least a part-time superintendent for cleaning common areas, managing waste, handling minor maintenance, and serving as the on-site contact for tenants. Buildings with 50 or more units typically require a full-time superintendent. The employment contract formalizes the relationship, prevents misunderstandings about duties, compensation, and availability, and confirms compliance with LNT requirements. Without a written contract, both the building owner and the superintendent are exposed to disputes about hours worked, overtime entitlements, the extent of on-call obligations, and termination conditions.

For condominium buildings (copropriétés divises), the syndicate of co-owners (syndicat de copropriété) may hire a superintendent or caretaker to manage the common elements of the building — including cleaning, maintenance, minor repairs, and coordination with the building's administrative council. The contract must clearly distinguish between the superintendent's duties regarding common elements (employer's responsibility) and individual units (not the superintendent's responsibility unless specifically authorized). The syndicate is treated as the employer under the LNT, and must comply with all applicable employment standards.

For mixed-use buildings containing both residential units and commercial spaces, a single superintendent may be responsible for both the residential common areas and the commercial corridors, lobbies, and shared facilities. The contract should address the dual nature of the building and any differences in duties or access protocols for residential versus commercial areas.

For buildings managed by professional property management companies that oversee multiple properties, superintendents may be hired on a building-specific or floating basis. In either case, a written employment contract is essential to define which buildings are covered, the total weekly hours, the compensation structure, and any emergency on-call obligations across the managed portfolio. When a superintendent manages multiple buildings, the contract must specify all properties and confirm that total hours will comply with LNT overtime provisions.

When a superintendent arrangement involves a service dwelling — particularly for live-in superintendents who must be available for emergencies — the employment contract plays a critical role in establishing the nature of the housing as an employment benefit rather than an independent tenancy, preventing later legal disputes about the superintendent's right to remain in the dwelling after the employment ends. A clearly worded service dwelling clause that references CCQ art. 1854 and specifies a vacating deadline is essential to protect the building owner's interests.

For older buildings requiring hazardous materials handling (asbestos abatement, chemical cleaning products), the employment contract should address SIMDUT training obligations and employer-provided safety equipment, confirming compliance with the LSST and the regulations on workplace hazardous materials. The contract also serves as the primary document for demonstrating LNT compliance in the event of a complaint to the CNESST by the superintendent. A building superintendent contract drafted entirely in French, in compliance with Bill 96, is required for all Quebec employment relationships regardless of the owner's or superintendent's language preferences. Even where the parties speak English as their primary language, the LNT and Bill 96 require that the employment agreement be made available in French before it is presented for signature.

Article 1385 of the Civil Code of Quebec establishes the foundation of contractual obligations, while Article 1590 of the Civil Code of Quebec governs remedies for non-performance. Section 40 of the Consumer Protection Act of Quebec (CQLR c P-40.1) regulates unfair contract terms. The Commission des normes de l equite de la sante et de la securite du travail (CNESST) enforces the Act Respecting Labour Standards of Quebec (CQLR c N-1.1). Section 49 of the Charter of Human Rights and Freedoms of Quebec protects fundamental civil liberties. The Tribunal administratif du Quebec (TAQ) hears administrative disputes under Section 14 of the Act Respecting Administrative Justice of Quebec (CQLR c J-3). The Regie du logement du Quebec (now Tribunal administratif du logement) adjudicates residential tenancy disputes under Section 28 of the Act Respecting the Regie du logement of Quebec. The Autorite des marches financiers du Quebec (AMF) regulates financial services under Section 4 of the Act Respecting the Autorite des marches financiers of Quebec. Revenu Quebec administers the Taxation Act of Quebec (CQLR c I-3) and the Act Respecting the Quebec Sales Tax of Quebec (CQLR c T-0.1). The Barreau du Quebec and the Chambre des notaires du Quebec regulate legal professionals under Section 1 of the Professional Code of Quebec (CQLR c C-26).

A Quebec Building Superintendent / Caretaker Contract should include the following key elements to be legally compliant and operationally effective.

Party Identification — Full legal name, address, and representative of the employer (property owner or management company), and full legal name, current address, and contact information of the superintendent. Employment start date.

Building Information — Full address, number of units/dwellings, and type of building (residential rental, condominium, mixed-use, commercial). If multiple buildings are managed under a single contract, all buildings must be listed.

Duties and Functions — Thorough list of the superintendent's responsibilities: cleaning and maintenance of common areas, minor repairs, waste and recycling management, snow removal, tenant/co-owner complaint handling, general surveillance and access control, emergency management and response, coordination with service providers and tradespeople, periodic unit inspections, outdoor space maintenance. Additional duties and any authority to spend on minor supplies or repairs.

Work Schedule — Regular weekly hours, typical daily schedule, weekly rest period (minimum 32 consecutive hours for domestic workers or domestic-adjacent roles per LNT art. 78, and at least 24 consecutive hours under the general LNT rule for most workers), emergency on-call availability, and any rotation arrangements. Overtime at 150% for hours beyond 40 per week (LNT art. 52).

Remuneration — Type of pay (hourly rate, weekly or monthly salary), amount (meeting or exceeding Quebec minimum wage, LNT art. 40), pay frequency, mandatory payroll deductions. Vacation pay per LNT arts. 66-72 (minimum 4% or 6%). Eight statutory holidays (LNT art. 60). Other benefits (cell phone, vehicle access, uniform).

Service Dwelling — If provided: description of the dwelling, whether provided free of charge or at a reduced rent, amount of any reduced rent, conditions of occupancy (private space, shared spaces), and the nature of the occupancy as a logement de fonction (employment benefit) rather than an independent bail. Reference to CCQ art. 1854 quiet enjoyment obligation. Deadline to vacate upon termination of employment.

Tools and Equipment — List of tools and equipment provided by the employer (cleaning supplies, hand tools, snow removal equipment, PPE, communication device, uniform, vehicle). Employer's property ownership. Employee's responsibility for proper maintenance. Reporting requirements for lost or damaged equipment.

Training — Required certifications (SIMDUT, first aid/CPR, fire prevention, emergency evacuation, mechanical equipment safety). Whether training is provided or financed by the employer. Time spent in training is compensable as working time.

Probation Period — Duration (typically 3 months) and evaluation criteria. LNT minimum rights apply during probation. Art. 124 LNT protection against unjust dismissal applies only after 2 years of continuous service.

Termination and Notice — LNT minimum notice per arts. 82-83 (1 to 8 weeks by seniority). Reasonable notice per CCQ art. 2091. Superintendent resignation notice. Immediate termination for serious cause (CCQ art. 2094). Deadline to vacate service dwelling (typically 30 days from employment end, 7 days for serious cause).

Health, Safety, and CNESST — Employer's CNESST registration and LATMP contribution obligations. LSST compliance. Safe working environment. Reporting workplace accidents. Employee's right to refuse dangerous work.

Loyalty, Confidentiality, and Good Faith — CCQ art. 1375 mutual good faith. Superintendent's obligation to respect tenant privacy and quiet enjoyment. Non-disclosure of tenant information, lease terms, and building operational details. Equal and respectful treatment of all tenants.

Governing Law — CCQ arts. 2085-2097, 1854, LNT, LATMP, LSST, Charte des droits et libertés de la personne. CNESST and TAT jurisdiction. TAL jurisdiction for service dwelling disputes. Bill 96 French language compliance. Under Quebec law, Section 79.1 of the Act Respecting Labour Standards (CQLR c N-1.1) and Article 1385 of the Civil Code of Québec (CCQ) govern the core requirements for this type of document.

Under Quebec law, the Civil Code of Quebec (CCQ) governs contractual obligations and property rights. The Act Respecting Labour Standards (CQLR c N-1.1) and the Commission des normes, de l'equite, de la sante et de la securite du travail (CNESST) regulate employment. The Consumer Protection Act (CQLR c P-40.1) and the Office de la protection du consommateur (OPC) protect consumer rights. The Act Respecting the Protection of Personal Information in the Private Sector governs data privacy through the Commission d'acces a l'information (CAI). Revenu Quebec administers provincial tax obligations. The forms-legal.com Building Superintendent Contract (Quebec) template covers the mandatory elements under Act Respecting Labour Standards (CQLR, c. N-1.1). Under Quebec law, Article 35 of the Code of Civil Procedure (CQLR c C-25.01) and Section 4 of the Business Corporations Act (CQLR c S-31.1) govern the core requirements for this type of document.