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Installing an automated external defibrillator (AED) in a divided co-ownership quickly raises two questions: is it mandatory in Quebec and, whether it is or not, who is responsible? As of 2026-08-14, Quebec’s legal framework generally does not require an AED in the strictly private common portions of a residential building. Even so, the device can save lives and reduce risks during sudden cardiac arrest.
In this article, we review the situation for your syndicate and board of directors: actual obligations, good practices, allocation of responsibilities, insurance impacts, and concrete implementation steps. You will leave with a simple plan for deciding on, documenting, and operating an AED in your condo, without any grey areas.
The legal framework: Is an AED mandatory in a divided co-ownership?
- In a residential divided co-ownership, the common portions are not, in principle, “public places.” As such, no current provision of the Civil Code of Quebec or the Building Safety Code creates a general obligation to install an AED in a residential building. Consult the Civil Code of Quebec regarding the syndicate’s general duties (preservation of the building) and extracontractual civil liability: see the Civil Code of Quebec (in particular, art. 1077 C.C.Q. concerning preservation and art. 1457 C.C.Q. concerning civil fault).
- Specific rules apply to certain places open to the public (e.g., municipal sports facilities, large facilities, establishments receiving the public), but areas reserved exclusively for co-owners are generally not covered. However, check mixed-use spaces: a shopping gallery on the ground floor, a gym open to outside customers, or a swimming pool accessible to the public may trigger other sector-specific obligations.
- The Building Safety Code deals mainly with fire prevention and evacuation, not AEDs. Refer to the RBQ for the scope of building safety requirements: Building Safety Code — RBQ and related pages on emergency measures.
Conclusion: for a typical residential building, an AED remains a recommended measure rather than a mandatory one. If there are spaces accessible to the public, have the situation confirmed by legal counsel and, if necessary, by the municipality or competent authority.
Recommended or not? Weighing benefits, costs, and risks
Sudden cardiac arrest is a time-dependent emergency: every minute without defibrillation reduces the chances of survival. An accessible, functional AED, combined with a 9-1-1 call and basic CPR, improves the clinical outcome.
- Concrete benefits: faster intervention in the lobby, indoor parking garage, fitness room, or rooftop terrace. Co-owners and visitors are better protected.
- Costs and management: purchase, consumables (electrodes, battery), periodic checks, entry in your maintenance logbook (EUC), signage, and basic training. These expenses are covered through common expenses. They do not affect the contingency fund, unless you treat the acquisition as a durable piece of equipment to be planned for; many syndicates instead budget for it as an operating expense.
- Perceived risks: concern about liability in the event of improper use. In this regard, the C.C.Q. protects the “good Samaritan” who provides assistance, except in cases of intentional or gross fault (see art. 1471 C.C.Q., paraphrased here, in the CCQ). Modern AEDs guide the user and deliver a shock only if the analysis recommends it.
For practical guidance specific to divided co-ownership, the RGCQ regularly publishes good practices concerning safety and governance.
Who is responsible? Board of directors, syndicate, and day-to-day management
- Decision and approval: the board of directors can propose purchasing an AED and include it in the annual budget submitted to the annual general meeting. Depending on your internal financial rules and your declaration of co-ownership (DCV), the annual general meeting approves the overall budget, including this purchase. The annual general meeting minutes should clearly record the decision.
- Purchase and installation: the syndicate is responsible for the common portions. If installed in a common portion, the AED becomes common property. The board of directors oversees the selection of a certified model, its location, and signage. For installation (wall mount, cabinet, power supply), comply with electrician contractor standards where necessary and ensure safe passageways.
- Maintenance and follow-up: the board of directors appoints a person in charge (condominium manager or member of the health and safety committee) to carry out a monthly visual check, maintain a log, update consumables, and enter the information in the maintenance logbook/EUC. Add maintenance reminders to your operations calendar.
- Insurance and civil liability: inform your insurer that an AED is present and provide your maintenance protocol. The syndicate has a general duty of prudence and diligence in managing the common portions (see art. 1457 C.C.Q.; paraphrased). At the same time, the duty to preserve the building (art. 1077 C.C.Q.; paraphrased) supports taking reasonable safety measures. A good Samaritan who intervenes in good faith benefits from legal protection (art. 1471 C.C.Q.; paraphrased).
- Training and communication: although using an AED does not require certification, offering a short CPR+AED introductory session to willing co-owners is worthwhile. Post a simple procedure near the device: “call 9-1-1, start CPR, follow the AED’s voice instructions.”
To structure these responsibilities, see how our services support boards of directors with operations and compliance: operations management and administrative management.
Practical implementation: from analysis to deployment
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Needs analysis and location
Occupancy density (towers, extensive common portions), age profile, emergency medical services (EMS) access times, and floor layout. A central AED in the main lobby, near an elevator, is often optimal. In large complexes, consider a second device. -
Choosing the device
Choose a fully automated public-access AED with adult electrodes and, if needed, paediatric electrodes. Give preference to a model with visible status indicators and cabinet alarms. -
Installation and signage
Ensure compliant height and clearance, with standardized pictograms visible from the main routes. Consider the indoor parking garage and fitness room if traffic is heavy there. Make sure the cabinet does not obstruct a fire exit (refer to the Building Safety Code for exit accessibility). -
Maintenance, log, and EUC
Schedule: monthly visual check (indicator lights, seal integrity), self-diagnostic test according to the manufacturer’s instructions, and replacement of electrodes/battery before expiry. Keep a log: date, checker’s name, observations, and actions. Enter the AED in the maintenance logbook/EUC, along with technical data sheets and proof of maintenance. -
Emergency procedures and training
Update your emergency measures plan (coordination with the fire alarm, assembly points, and first responders’ access). Consult the RBQ for general information on building emergency preparedness: Emergency Measures — RBQ.
Offer an annual voluntary CPR+AED session; post a QR code linking to an instructional video. Document the memo sent to co-owners and tenants. -
After an incident
Immediately replace the electrodes, download the data if the model allows it, prepare an incident report, and attach it to the board of directors minutes. Notify the insurer and, if necessary, consult legal counsel.
For more practical topics for your syndicate, browse our blog (management, finances, and operations).
Insurance, liability, and governance: points to consider
- Syndicate insurance policy: mention the presence of an AED and attach your maintenance protocol. Some policies recognize the risk reduction, provided there is proof of diligent follow-up.
- Declaration of co-ownership and by-laws of the immovable: a short addendum can specify the AED’s location, access rules, and the prohibition against unnecessary use. Avoid clauses that discourage assistance; they run counter to the collective interest and the spirit of the C.C.Q. regarding mutual assistance in an emergency.
- Ongoing communication: a reminder every six months about the AED’s location, what to do, and the importance of calling 9-1-1 reassures residents. Include these reminders in communications about common expenses and pre-annual general meeting communications.
For structured support (budget, procurement, procedures, and insurance), see our administrative services and our About Us page.
FAQ
Q1. Can a syndicate be held liable for not installing an AED?
In the absence of a specific legal obligation, liability will depend on the circumstances and the test of the conduct of a prudent and diligent person (see the principles of art. 1457 C.C.Q., paraphrased, in the CCQ). A syndicate that has reasonably assessed the risk, documented its decision at the annual general meeting, and communicated an emergency plan is generally acting in a defensible manner.
Q2. Is CPR training mandatory to use an AED?
No. Public AEDs guide the user. That said, CPR+AED awareness improves the quality of the steps taken. Offering voluntary sessions and posting a simple procedure remains a good practice.
Q3. Where should an AED be placed in a building?
Near a central, visible, and accessible location: the main lobby, elevator landing, or large common room. Avoid locked rooms. Signage must be clear and clearances must comply with the Building Safety Code.
This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.
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