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Canada — Quebec Act or statute

Canada — Quebec legislation

Real Estate Brokerage Act, 2008

This section defines “real estate brokerage contract” and excludes contracts where the intermediary receives no remuneration.

Source excerpt

administrative enforcementadministrative monetary penaltiesadministrative penaltiesadvertising complianceagency licensingagency representationannual reportappealsappeals/reviewsaudit accessauditsboard compositionbooks and recordsbroker licensingbrokeragebrokerage contractsbrokerage licensingbrokerage remunerationbrokerage transactionsbusiness corporationcertificationcivil liability insuranceclaims administrationcommittee governancecommittee notificationcomplaintscomplaints handlingcomplianceconflict of interestconflicts of interestcontestation procedurecontract documentationcontract remunerationcontravention defensecorporate books and accountscorporate governancecorporate liabilitycorporate remunerationcorporate structurecostscourt filingcourt proceedingsdebt recoverydecision-making processdefinitionsdelegation of powersdirector appointmentdirector conductdirector eligibilitydirector/officer liabilitydisciplinary complaint processdisciplinary complaintsdisciplinary enforcementdisciplinary finesdisciplinary petitionsdisciplinary proceedingsdisciplinary processdisciplinary sanctionsdisciplinediscipline committee decisionsdiscipline committee noticediscipline proceedingsdispute resolution confidentialitydocument examinationenforcement timingfee reimbursementfeesfinancial reportingfinesfiscal yearfit and proper assessmentformsfranchisingfraud lossesfundinggovernment agreementsimmovable leaseindemnitiesinjunctionsinspectioninspection complianceinspectionsinsuranceinsurance fundsinsurance premiuminsurer complianceinterest on amounts owinginterest on trust moneyinternal by-lawsinternal complianceinternal governanceinvestigation reviewinvestigationslegislative tablinglicence compliancelicence disciplinelicence enforcementlicence feeslicence holderslicence issuancelicence restrictionslicence revocationlicence suspensionlicensinglicensing compliancelicensing exemptionlicensing oversightlitigationlitigation procedureloan repaymentmeeting participationministerial administrationministerial approvalministerial filingministerial interventionministerial ordersministerial oversightmonetary administrative penaltiesmonetary administrative penalty reviewmoney remittancemortgage brokerageoffencesorganizationorganization financingpenal proceedingspenaltiespenalty paymentpersonal liabilitypremiumsprocedural deadlinesprocedureprofessional competenceprofessional conductprofessional regulationprofessional title useproperty classificationprovisional measurespublic accesspublic disclosurepublic informationpublicationpublication of decisionsqualification requirementsreal estate brokeragereal estate brokerage contractsreal estate fund administrationreal estate licensingrecord accessrecord auditingrecovery chargesregister maintenanceregistersregulationsregulatory approvalregulatory complianceregulatory delegationremunerationreportingreporting deadlinereview rightssecurity interestssecurity or guaranteeservice of decisionstime limitstrainingtraining coursestransitional measurestrust accountsvictim indemnificationwebsite posting
Jurisdiction
Canada — Quebec
Structure
207 provisions
Official identity
Year 2008
Dates
Enacted 2008 · Source version 10 Jun 2026
More statute details
Dates
Enacted 2008 · Source version 10 Jun 2026
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01

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“This section defines “real estate brokerage contract” and excludes contracts where the intermediary receives no remuneration.”

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    Enacted 2008 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 1

This section defines “real estate brokerage contract” and excludes contracts where the intermediary receives no remuneration.

Section 1

Section 41

The Organization must give notice to the applicant or licence holder at least 15 days before the date for submitting observations.

Section 41

Section 85

If someone asks for an investigation into a broker’s licence holder, the syndic must notify that person in writing of the decision on whether to file a complaint; if no complaint is filed, reasons must be given.

Section 85

Section 123.12

123.12. If the agency licence holder has defaulted on payment of a monetary administrative penalty, its directors and officers are solidarily liable with that licence holder for the payment of the penalty, unless they establish that they

Section 123.12

Section 162

162. (Omitted). 2008, c. 9, s. 162.

Section 162

04

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Source record view

Source record from www.legisquebec.gouv.qc.ca · Enacted 2008 · Source version 10 Jun 2026

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Showing 207 of 207 provisions

Provision 157Offence 35Repeal 9Amendment 4
§ 1Section 1Provision

Source excerpt

This section defines “real estate brokerage contract” and excludes contracts where the intermediary receives no remuneration.

1. For the purposes of this Act, a “real estate brokerage contract” means (1) a contract by which a party, the client, for the purpose of entering into an agreement for the sale or lease of an immovable, asks the other party to act as its intermediary in dealing with persons who might be interested in purchasing or leasing the immovable and, possibly, in bringing about an agreement of wills between the client and a buyer, promisor-buyer or promisor-lessee; (2) a contract by which a party, the client, for the purpose of entering into an agreement for the purchase or lease of an immovable, asks the other party to act as its intermediary in dealing with persons who are offering an immovable for sale or lease and, possibly, in bringing about an agreement of wills between the client and a seller, promisor-seller or promisor-lessor. A contract by which an intermediary receives no remuneration is not a real estate brokerage contract under this Act. 2008, c. 9, s. 1; 2009, c. 58, s. 139; 2018, c. 23, s. 396; 2021, c. 34, s. 55.
Section 1Verify source
§ 1.1Section 1.1Provision

Source excerpt

For section 1, certain items are treated as immovables, and an exchange is treated as a sale.

1.1. For the purposes of section 1, (1) the following are considered to be immovables: (a) a promise of sale of an immovable; (b) an enterprise, if the enterprise’s property, according to its market value, consists mainly of immovable property; and (c) a mobile home placed on a chassis; and (2) an exchange is considered to be a sale. 2018, c. 23, s. 396.
Section 1.1Verify source
§ 2Section 2Provision

Source excerpt

Most people may not act as intermediary party to certain real estate brokerage contracts without the required licence or special authorization.

2. No person, except the persons referred to in section 3, may be the intermediary party to a real estate brokerage contract for the sale or purchase of an immovable or, in the case of a person authorized under an Act of a jurisdiction other than Québec to engage in a brokerage transaction described in section 1 outside of Québec, for the lease of an immovable without holding a broker’s or agency licence issued in accordance with this Act or a special authorization from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the Organization) established under section 31. Consequently, the intermediary, other than the person referred to in the first paragraph and authorized under an Act of a jurisdiction other than Québec, that is a party to a real estate brokerage contract for the lease of any immovable is not required to hold a broker’s or agency licence. Such a licence may nevertheless be issued if the intermediary applies for it, as if the licence were necessary. Subject to Division IV of Chapter II, a person who contravenes the first paragraph may not claim or receive remuneration for performing the obligations of an intermediary. 2008, c. 9, s. 2; I.N. 2016-01-01 (NCCP); 2018, c. 23, s. 396; 2021, c. 34, s. 56.
Section 2Verify source
§ 2.1Section 2.1Provision

Source excerpt

A person may not use the titles “real estate broker” or “real estate agency,” or any similar title, unless they hold the licence required under the Act.

2.1. No person may, without holding the licence required under this Act, use, in any manner whatsoever, the title of “real estate broker” or “real estate agency” or any other title that may lead others to believe that the person holds such a licence. 2018, c. 23, s. 396.
Section 2.1Verify source
§ 3Section 3Provision

Source excerpt

Some specified people and organizations do not need a licence for certain real estate brokerage contracts if the listed conditions are met, unless they use a restricted title.

3. The persons referred to in any of the following paragraphs are not required to hold a licence when they are parties, as intermediaries, to a real estate brokerage contract under that paragraph, unless they use a title that is restricted under this Act: (1) advocates, notaries, chartered appraisers, liquidators, sequestrators, trustees in bankruptcy or trustees, provided the contract is entered into in the exercise of their functions; (2) forest engineers, provided the contract concerns a forest property; (3) members in good standing of the Ordre professionnel des comptables professionnels agréés du Québec, provided the contract concerns the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise; (4) chartered administrators, provided the contract is entered into incidentally to the exercise of their real estate management functions and is not governed by section 23; (5) trust companies authorized under the Trust Companies and Savings Companies Act (chapter S-29.02), provided the contract concerns an immovable they hold or administer for others; (6) the spouse, child, father, mother, or one of the parents, brother or sister of the owner of an immovable, provided the contract is entered into with the owner of the immovable and concerns that immovable; and (7) the sole shareholder of a legal person if the contract is entered into with the legal person. 2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32; 2013, c. 18, s. 18; 2018, c. 23, s. 396; 2022, c. 22, s. 228.
Section 3Verify source
§ 3.1Section 3.1Provision

Source excerpt

“Brokerage transaction” is defined to include certain actions taken by licence holders or holders of a special authorization when acting as intermediaries in a real estate brokerage contract.

3.1. “Brokerage transaction” means the actions taken in performing the obligations of the holder of a licence issued under this Act or of a special authorization issued by the Organization who is a party to a real estate brokerage contract as an intermediary even if the real estate brokerage contract does not require that the intermediary hold such a licence or authorization. “Brokerage transaction” also includes the actions taken by such a licence holder with the intent to enter into a real estate brokerage contract as an intermediary. 2018, c. 23, s. 396.
Section 3.1Verify source
§ 4Section 4Provision

Source excerpt

A real estate broker’s licence lets its holder act as an intermediary in brokerage contracts or brokerage transactions and hold out as a real estate broker, but only a natural person may hold the licence.

4. A real estate broker’s licence authorizes its holder to be a party, as an intermediary, to a real estate brokerage contract, provided he or she personally performs his or her obligations under the contract, or to engage in a brokerage transaction for a real estate agency, personally or within a business corporation. The licence also authorizes its holder to hold himself or herself out as a real estate broker. Only a natural person may hold a broker’s licence. No broker’s licence holder who engages in a brokerage transaction through the intermediary of a person who is not a licence holder may claim or receive remuneration for the transaction. 2008, c. 9, s. 4; 2010, c. 40, s. 15; 2013, c. 18, s. 19; 2018, c. 23, s. 399.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

A broker’s licence is issued to applicants who meet the requirements in this Act.

5. A broker’s licence is issued to applicants who meet the requirements set out in this Act. 2008, c. 9, s. 5.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

A broker’s licence holder must have an establishment in Québec and must notify the Organization of the establishment’s address and any address change.

6. A broker’s licence holder must have an establishment in Québec. In the case of a broker’s licence holder who acts on behalf of an agency, his or her establishment is the agency’s establishment. A notice of the address of the establishment and any change of address must be sent to the Organization. 2008, c. 9, s. 6; 2018, c. 23, s. 400.
Section 6Verify source
§ 7Section 7Repeal

Source excerpt

Section 7 is repealed.

7. (Repealed). 2008, c. 9, s. 7; 2018, c. 23, s. 401.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

A broker’s licence holder must pay the civil liability insurance premium into the insurance fund, or if no fund exists, take out civil liability insurance or provide security or a guarantee as allowed by the Organization’s regulations.

8. A broker’s licence holder must pay into the insurance fund the civil liability insurance premium determined by resolution of the Organization. If no insurance fund has been established, he or she must take out civil liability insurance as specified in the Organization’s regulations or, in the cases prescribed in the Organization’s regulations, give security or a guarantee in lieu of security. 2008, c. 9, s. 8; 2018, c. 23, s. 402.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

A broker’s licence is automatically suspended if the holder does not comply with section 8.

9. A broker’s licence is suspended by operation of law if its holder fails to comply with section 8. The broker’s licence holder may, subject to the conditions prescribed in the Organization’s regulations, have the suspension lifted as soon as the broker is in compliance with section 8. 2008, c. 9, s. 9; 2018, c. 23, s. 403.
Section 9Verify source
§ 10Section 10Provision

Source excerpt

A broker’s licence holder must put certain money received in the course of the holder’s functions into a trust account, and unclaimed interest on trust money must be paid to the Organization.

10. All money received by a broker’s licence holder in the course of his or her functions that does not belong to him or her must be deposited in a trust account as specified in the Organization’s regulations. The interest earned on money held in trust that is not claimed by the person who is entitled to the interest must be paid to the Organization, as specified in the Organization’s regulations. 2008, c. 9, s. 10; 2018, c. 23, s. 404.
Section 10Verify source
§ 11Section 11Provision

Source excerpt

A broker’s licence holder may not act for another agency or for their own account while acting for an agency, and must present themselves to the public as acting for an agency.

11. A broker’s licence holder may not, while acting on behalf of an agency, act on behalf of another agency or work on his or her own account. A broker’s licence holder who acts on behalf of an agency must present himself or herself as such to the public. 2008, c. 9, s. 11; 2018, c. 23, s. 405.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

A broker’s licence holder who represents an agency is solidarily liable for prejudice caused by breach of a brokerage contract.

12. A broker’s licence holder who represents an agency is solidarily liable for any prejudice caused by the breach of a brokerage contract. 2008, c. 9, s. 12; 2018, c. 23, s. 406.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

A real estate agency licence lets the holder act as an intermediary in a brokerage contract and present as a real estate agency, if the holder’s obligations are carried out by natural persons who are real estate brokers.

13. A real estate agency licence authorizes its holder to be a party, as an intermediary, to a real estate brokerage contract, provided the licence holder causes the licence holder’s obligations under the contract to be performed by natural persons acting for the licence holder and that those persons hold a real estate broker’s licence. The licence also authorizes its holder to hold himself, herself or itself out as a real estate agency. No real estate agency licence holder who engages in a brokerage transaction through the intermediary of a natural person who is not a licence holder may claim or receive remuneration for the transaction. 2008, c. 9, s. 13; 2013, c. 18, s. 21; 2018, c. 23, s. 408.
Section 13Verify source
§ 14Section 14Provision

Source excerpt

An agency licence is issued to persons and partnerships that meet this Act’s requirements.

14. An agency licence is issued to the persons and partnerships that meet the requirements set out in this Act. 2008, c. 9, s. 14.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

An agency licence holder must have an establishment in Québec and must send the Organization a notice of the address of its principal Québec establishment and any change of address.

15. An agency licence holder must have an establishment in Québec. A notice of the address of the licence holder’s principal establishment in Québec and any change of address must be sent to the Organization. 2008, c. 9, s. 15; 2018, c. 23, s. 409.
Section 15Verify source
§ 16Section 16Provision

Source excerpt

An agency licence holder must tell the Organization who the relevant broker’s licence holders are and report any changes.

16. An agency licence holder must disclose to the Organization the names of the broker’s licence holders through whom the agency licence holder is acting and inform the Organization of any changes in this regard. 2008, c. 9, s. 16; 2018, c. 23, s. 410.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

An agency licence holder must pay the civil liability insurance premium into the insurance fund; if no insurance fund exists, the licence holder must instead take out civil liability insurance or provide security or a guarantee as allowed by the Organization’s regulations.

17. An agency licence holder must pay into the insurance fund the civil liability insurance premium determined by resolution of the Organization. If no insurance fund has been established, the licence holder must take out civil liability insurance as specified in the Organization’s regulations or give security or a guarantee in lieu of security in the cases prescribed in the Organization’s regulations. 2008, c. 9, s. 17; 2018, c. 23, s. 411.
Section 17Verify source
§ 18Section 18Provision

Source excerpt

An agency licence holder is liable for injury caused by the fault of one of its broker’s licence holders acting in the broker’s functions.

18. An agency licence holder is liable for any injury caused to a person or partnership by the fault of one of its broker’s licence holders in the performance of the broker’s functions. The agency licence holder nevertheless has a right of action against the broker concerned. 2008, c. 9, s. 18; 2018, c. 23, s. 412.
Section 18Verify source
§ 19Section 19Provision

Source excerpt

An agency licence holder, and if applicable its directors and executive officers, must oversee the conduct of broker’s licence holders representing the agency and ensure they comply with the Act.

19. An agency licence holder and, if applicable, its directors and executive officers must oversee the conduct of the broker’s licence holders who represent the agency licence holder and ensure that they comply with this Act. 2008, c. 9, s. 19; 2018, c. 23, s. 412.
Section 19Verify source
§ 20Section 20Provision

Source excerpt

An agency licence holder must make sure its directors, executive officers, and employees comply with the Act.

20. An agency licence holder must ensure that the licence holder’s directors, executive officers and employees comply with this Act. 2008, c. 9, s. 20; 2018, c. 23, s. 413.
Section 20Verify source
§ 20.1Section 20.1Provision

Source excerpt

A broker’s licence holder may serve as an executive officer of an agency licence holder only if the holder has carried on brokerage activities during the period set by regulation of the Organization.

20.1. Only a broker’s licence holder who has carried on brokerage activities during the period determined by regulation of the Organization may be an executive officer of an agency licence holder. 2018, c. 23, s. 414.
Section 20.1Verify source
§ 21Section 21Provision

Source excerpt

Licence holders must act honestly, loyally, and competently, and they must disclose conflicts of interest.

21. Licence holders and, if applicable, their directors and executive officers must act with honesty, loyalty and competence. They must also disclose any conflict of interest. The rules governing the disclosure of conflicts of interest are set out in the Organization’s regulations. 2008, c. 9, s. 21; 2018, c. 23, s. 415.
Section 21Verify source
§ 22Section 22Provision

Source excerpt

Licence holders’ promotional representations and real estate advertising must follow the Organization’s regulations.

22. Representations made by licence holders, and the real estate advertising and information they disseminate to the public for promotional purposes, must comply with the rules set out in the Organization’s regulations. Those rules also apply to franchisers and to any person or partnership that promotes real estate brokerage services. The Organization may also, by regulation, set out specific or supplementary rules to govern advertising by franchisers, franchisees and sub-franchisees. 2008, c. 9, s. 22; 2018, c. 23, s. 416.
Section 22Verify source
§ 22.1Section 22.1Provision

Source excerpt

A broker’s licence holder acting for an agency may carry on brokerage activities inside a business corporation the holder controls, if the organization’s regulations are followed.

22.1. A broker’s licence holder acting on behalf of an agency may carry on brokerage activities, in accordance with the terms, conditions and rules set out in the Organization’s regulations, within a business corporation which he or she controls. The business corporation is solidarily liable with the broker’s licence holder the performance of the obligations imposed by this Act and for any fault committed by him or her. 2010, c. 40, s. 16; 2018, c. 23, s. 418.
Section 22.1Verify source
§ 22.2Section 22.2Substitution

Source excerpt

Civil liability insurance or substitute security for a broker’s licence holder must also name the business corporation as an insured.

22.2. The civil liability insurance provided by an insurance fund to a broker’s licence holder who carries on brokerage activities within a business corporation must also designate the business corporation as an insured. If no insurance fund exists, the civil liability insurance the broker’s licence holder must take out, or the security or guarantee in lieu of insurance the broker's licence holder must give, must also designate the business corporation as an insured. 2010, c. 40, s. 16; 2018, c. 23, s. 419.
Section 22.2Verify source
§ 22.3Section 22.3Provision

Source excerpt

A broker’s licence holder carrying on brokerage activities within a business corporation must ensure its directors, executive officers, and employees comply with the Act.

22.3. A broker’s licence holder who carries on brokerage activities within a business corporation must ensure that its directors, executive officers and employees comply with this Act. 2010, c. 40, s. 16; 2018, c. 23, s. 420.
Section 22.3Verify source
§ 22.4Section 22.4Provision

Source excerpt

A broker’s licence holder may not rely on the corporation’s acts or legal status to excuse a breach or reduce personal responsibility.

22.4. A broker’s licence holder may not invoke decisions or acts of the business corporation within which he or she carries on activities, or its status as a legal person, to justify a contravention of this Act or the regulations or to limit or exclude his or her personal responsibility. 2010, c. 40, s. 16; 2018, c. 23, s. 421.
Section 22.4Verify source
§ 22.5Section 22.5Provision

Source excerpt

22.5. Subject to special authorizations from the Organization, a broker’s licence holder acting on behalf of an agency may carry on brokerage activities in Québec within a business corporation constituted under an Act other than an Act of

22.5. Subject to special authorizations from the Organization, a broker’s licence holder acting on behalf of an agency may carry on brokerage activities in Québec within a business corporation constituted under an Act other than an Act of the Parliament of Québec if he or she meets all the other conditions prescribed in this chapter. The personal liability of the broker’s licence holder, including that relating to the obligations of the corporation, continues to be governed by the laws of Québec for all matters concerning brokerage activities carried on in Québec, as if the corporation had been constituted under an Act of the Parliament of Québec. 2010, c. 40, s. 16; 2018, c. 23, s. 422.
Section 22.5Verify source
§ 22.6Section 22.6Provision

Source excerpt

Remuneration for services provided by a broker’s licence holder while carrying on brokerage activities within a business corporation belongs to the corporation.

22.6. The remuneration relating to the services provided by a broker’s licence holder while carrying on brokerage activities within a business corporation belongs to the corporation. 2010, c. 40, s. 16; 2018, c. 23, s. 423.
Section 22.6Verify source
§ 23Section 23Provision

Source excerpt

This chapter applies to certain real estate brokerage contracts for specified residential immovables.

23. This chapter applies to real estate brokerage contracts concerning any of the following immovables: (1) part or all of a chiefly residential immovable comprising less than five dwellings or of land intended for residential construction; or (2) a fraction of a chiefly residential immovable that is subject to an agreement or declaration under articles 1009 to 1109 of the Civil Code. 2008, c. 9, s. 23; 2018, c. 23, s. 424; 2024, c. 15, s. 114.
Section 23Verify source
§ 24Section 24Provision

Source excerpt

The contract must be in writing on the Organization’s mandatory form, and it is formed only when the parties sign that form.

24. The contract must be evidenced in writing on the mandatory form prepared by the Organization. The contract is formed only when the parties have signed the form. 2008, c. 9, s. 24; 2018, c. 23, s. 425.
Section 24Verify source
§ 25Section 25Provision

Source excerpt

The licence holder must give the client a duplicate of the contract.

25. The licence holder must give a duplicate of the contract to the client. The client is not bound to perform the client’s obligations under the contract before being in possession of a duplicate of the contract. The contract may be a paper document or it may be on any medium that allows it to be printed and ensures its integrity. 2008, c. 9, s. 25; 2018, c. 23, s. 426.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

A contract is not invalid just because one provision breaches this chapter or the required form was not completed; but any oral contract is null.

26. The contract cannot be invalidated on the sole grounds that one of its provisions contravenes this chapter or that the mandatory form evidencing the contract has not been filled out. However, any oral contract is null. 2008, c. 9, s. 26; 2018, c. 23, s. 427; 2021, c. 36, s. 31.
Section 26Verify source
§ 27Section 27Provision

Source excerpt

An agreement requiring a client to pay a licence holder after a contract expires has no effect, unless the agreement fits specified exceptions.

27. An agreement requiring a client, for a specified period after a contract expires, to remunerate a licence holder even if the purchase, sale, lease or exchange of an immovable occurs after the contract expires, is without effect. However, the first paragraph does not apply if the agreement provides for the remuneration of the licence holder when (1) the contract is stipulated as exclusive; (2) the sale, lease or exchange involves a person who was interested in the immovable while the contract was in force or, in the case of a contract with a view to purchasing or leasing an immovable, the client purchased or leased an immovable in which the client became interested through the broker’s licence holder while the contract was in force; and (3) the transaction occurs not more than 180 days after the contract expiry date and, during that period, the client did not enter into a contract stipulated as exclusive with another licence holder for the purchase, sale, lease or exchange of the immovable. 2008, c. 9, s. 27; 2013, c. 18, s. 22; 2018, c. 23, s. 428.
Section 27Verify source
§ 28Section 28Provision

Source excerpt

The client may terminate the contract within three days after receiving a signed duplicate, despite any contrary stipulation.

28. Despite any stipulation to the contrary, the client may terminate the contract at the client’s discretion within three days after receiving a duplicate of the contract signed by the two parties. The contract is terminated by operation of law as of the sending or delivery of a written notice to the licence holder. 2008, c. 9, s. 28; 2018, c. 23, s. 429.
Section 28Verify source
§ 29Section 29Provision

Source excerpt

A licence holder may not claim remuneration for a contract terminated under section 28 unless a purchase, sale, lease, or exchange meeting section 27’s conditions occurs.

29. A licence holder may not claim any remuneration with regard to a contract terminated under section 28, unless a purchase, sale, lease or exchange meeting the conditions specified in section 27 occurs. 2008, c. 9, s. 29; 2018, c. 23, s. 430.
Section 29Verify source
§ 29.1Section 29.1Provision

Source excerpt

A licence holder must end a purchase or lease contract for an immovable in certain conflict situations, recommend a new contract with another licence holder, and cannot claim remuneration for the terminated contract.

29.1. Except in the cases prescribed in the Organization’s regulations, a licence holder must terminate a contract for the purchase or lease of an immovable if the licence holder becomes aware that the client who is party to the contract intends to formulate a proposal with a view to purchasing, leasing or exchanging an immovable that is the subject of another contract entered into by the licence holder for the purposes of its sale, lease or exchange. The contract for the purchase or lease of an immovable is terminated by operation of law as of the sending or delivery of a written notice, with reasons, by the licence holder to his or her client that must, among other things, specify the immovable concerned. The licence holder must also recommend to his or her client to enter into a new contract for the purchase or lease of an immovable with another licence holder. The licence holder may not claim any remuneration with regard to the terminated contract. 2021, c. 36, s. 32.
Section 29.1Verify source
§ 30Section 30Provision

Source excerpt

A client may not waive the rights conferred by this chapter through a special agreement.

30. The client may not, by special agreement, waive the rights conferred by this chapter. 2008, c. 9, s. 30.
Section 30Verify source
§ 31Section 31Provision

Source excerpt

The named Quebec real-estate brokerage organization is established, and the Organization is recognized as a legal person.

31. The Organisme d’autoréglementation du courtage immobilier du Québec is established. The Organization is a legal person. 2008, c. 9, s. 31.
Section 31Verify source
§ 32Section 32Provision

Source excerpt

The Organization’s mission is to protect the public in real estate brokerage dealings, enforce professional conduct rules, inspect licence holders’ affairs, and ensure brokerage transactions comply with the law.

32. The Organization’s mission is to protect the public in real estate brokerage dealings by enforcing rules of professional conduct and by inspecting the affairs of licence holders. The Organization is in particular to ensure that brokerage transactions are compliant with the law. It may also dispense training courses for broker’s licence holders and executive officers of agency licence holders, with the exception of basic training courses, and award the titles referred to in section 48. 2008, c. 9, s. 32; 2018, c. 23, s. 431.
Section 32Verify source
§ 33Section 33Amendment

Source excerpt

The Minister may direct the Organization to consider specified guidelines and objectives, give an opinion, and amend its internal by-laws.

33. The Minister may ask the Organization to take specified guidelines and objectives into account in the pursuit of its mission. The Minister may require the Organization to give its opinion on any question the Minister submits to it concerning matters under its jurisdiction. The Minister may also require the Organization to amend its internal by-laws as directed by the Minister. 2008, c. 9, s. 33.
Section 33Verify source
§ 34Section 34Provision

Source excerpt

The Organization may, on request, act as conciliator or mediator in disputes between a licence holder and a client, and may arbitrate if reconciliation or mediation fails.

34. The Organization may act as conciliator or mediator in disputes between a licence holder and a client, if the parties so request. The Organization may also arbitrate when reconciliation or mediation fails, if the parties so request. The Organization may establish an arbitration committee and delegate its functions and powers under the second paragraph to the committee. The committee’s operating and decision-making rules are to be determined by regulation of the Organization. 2008, c. 9, s. 34; 2013, c. 18, s. 23; 2018, c. 23, s. 432.
Section 34Verify source
§ 35Section 35Provision

Source excerpt

35. The Organization may, by an application, apply to a judge of the Superior Court for an injunction in respect of any matter relating to this Act, including an injunction to stop the dissemination of non-compliant advertising and compel

35. The Organization may, by an application, apply to a judge of the Superior Court for an injunction in respect of any matter relating to this Act, including an injunction to stop the dissemination of non-compliant advertising and compel the advertiser to rectify it, within the time and in the manner determined by the Court. An application for an injunction constitutes a proceeding in itself. The rules set out in the Code of Civil Procedure (chapter C-25.01) apply to such a proceeding, except that the Organization is not required to give security. 2008, c. 9, s. 35; I.N. 2016-01-01 (NCCP).
Section 35Verify source
§ 36Section 36Provision

Source excerpt

The Organization may make a search under the Code of Penal Procedure.

36. The Organization may make a search in accordance with the Code of Penal Procedure (chapter C-25.1). 2008, c. 9, s. 36.
Section 36Verify source
§ 37Section 37Offence

Source excerpt

The Organization may refuse to issue a licence, or impose restrictions or conditions on one, if specified applicant-related grounds are met.

37. The Organization may refuse to issue a licence or may impose restrictions or conditions on a licence (1) if the applicant’s licence has previously been revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State; (2) if the applicant has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3); (3) if the applicant has previously been convicted, by a court, of an offence or an indictable offence which, in the Organization’s opinion, is related to brokerage transactions, or has pleaded guilty to such an offence; (4) if the applicant is under tutorship or under a protection mandate; or (5) if, in the Organization’s opinion, the applicant does not possess the degree of honesty necessary to carry on brokerage activities and to ensure the protection of the public. 2008, c. 9, s. 37; 2013, c. 18, s. 24; 2018, c. 23, s. 433; 2020, c. 11, s. 185; 2025, c. 16, s. 131.
Section 37Verify source
§ 38Section 38Offence

Source excerpt

38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker’s licence holder, the business corporation within which he or she carries on brokerage

38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker’s licence holder, the business corporation within which he or she carries on brokerage activities, (1) has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State; (2) has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3); (3) has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is related to brokerage transactions, or has pleaded guilty to such an offence; (4) is under tutorship or under a protection mandate; or (5) does not, in the Organization’s opinion, possess the degree of honesty necessary to carry on brokerage activities and to ensure the protection of the public. 2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25; 2018, c. 23, s. 434; 2020, c. 11, s. 186; 2025, c. 16, s. 132.
Section 38Verify source
§ 38.1Section 38.1Provision

Source excerpt

The Organization may ask an applicant or licence holder for information or documents needed for sections 37 and 38.

38.1. The Organization may require from the applicant or the licence holder any information or document it considers necessary for the purposes of sections 37 and 38. If the applicant or licence holder fails to provide such information or document, the Organization may refuse to examine the application or may suspend the licence, as applicable, until the required document or information has been provided. 2013, c. 18, s. 26.
Section 38.1Verify source
§ 39Section 39Provision

Source excerpt

The Organization must inform the syndic of any section 38 decision, and a section 38 decision must be served immediately on the licence holder.

39. The Organization informs the syndic of any decision under section 38 and the decision serves as a notice under section 84. A decision made under paragraph 3 of section 38 is valid (1) until the syndic or assistant syndic decides not to file a complaint; or (2) until the discipline committee renders a final, enforceable decision on a complaint filed by the syndic or assistant syndic. A decision of the Organization under section 38 must be served immediately on the licence holder in accordance with the Code of Civil Procedure (chapter C-25.01). 2008, c. 9, s. 39; I.N. 2016-01-01 (NCCP); 2018, c. 23, s. 435.
Section 39Verify source
§ 40Section 40Repeal

Source excerpt

Section 40 is repealed.

40. (Repealed). 2008, c. 9, s. 40; 2009, c. 58, s. 140.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

The Organization must give notice to the applicant or licence holder at least 15 days before the date for submitting observations.

41. For the purposes of sections 37 and 38, the Organization serves notice on the applicant or the licence holder, at least 15 days in advance of the date on which the applicant or the licence holder may submit its observations. The allegations against the applicant or the licence holder are set out in the notice. 2008, c. 9, s. 41; 2009, c. 58, s. 141.
Section 41Verify source
§ 42Section 42Provision

Source excerpt

The Organization may delegate certain functions and powers to a committee.

42. The Organization may delegate its functions and powers under sections 37 to 39 and 41 to a committee. The operating and decision-making rules of such a committee are to be determined by regulation of the Organization. 2008, c. 9, s. 42; 2009, c. 58, s. 142.
Section 42Verify source
§ 43Section 43Provision

Source excerpt

Contested decisions under sections 37, 38, or 38.1 must be filed with the Court of Québec.

43. Any contestation of a decision made under section 37 or 38 or of a decision to suspend a licence made under section 38.1 is filed with the Court of Québec, in accordance with subdivision 1 of Division VIII of Chapter IV of the Professional Code (chapter C-26), with the necessary modifications. Any reference to the secretary of the board of directors or of the executive committee in the Professional Code must be understood as a reference to the Organization within the meaning of this Act. A contestation does not suspend the contested decision unless a judge of the Court of Québec decides otherwise. 2008, c. 9, s. 43; 2009, c. 58, s. 143; 2013, c. 18, s. 27; 2018, c. 23, s. 436; 2020, c. 12, s. 117.
Section 43Verify source
§ 44Section 44Repeal

Source excerpt

Section 44 is repealed.

44. (Repealed). 2008, c. 9, s. 44; 2013, c. 18, s. 28.
Section 44Verify source
§ 44.1Section 44.1Provision

Source excerpt

The Organization must make public decisions to suspend or revoke a licence, or to impose licence conditions or restrictions, under the regulation’s terms and conditions.

44.1. Decisions of the Organization to suspend or revoke a licence or to impose conditions or restrictions on a licence must be made public according to the terms and conditions prescribed by regulation. 2009, c. 58, s. 144.
Section 44.1Verify source
§ 45Section 45Provision

Source excerpt

The Organization may, after informing the Minister, enter into mission-related agreements, including with governments and government bodies.

45. The Organization may, after informing the Minister, negotiate and enter into an agreement in connection with its mission with any person or body, including a government or a government department or body. However, if the person or body is outside Québec, the agreement is subject to the Act respecting the Ministère du Conseil exécutif (chapter M-30) or the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), as the case may be. The Minister or the Government, as the case may be, may terminate, or require the modification of, any agreement entered into by the Organization, after giving the Organization an opportunity to submit observations. 2008, c. 9, s. 45.
Section 45Verify source
§ 46Section 46Repeal

Source excerpt

The Organization may make regulations on licensing, training, conduct, records, trust accounts, fees, indemnities, and related brokerage requirements.

46. In addition to its regulatory powers under this Act, the Organization may determine, by regulation, (1) rules governing the training required to become a broker’s licence holder or an executive officer of an agency licence holder and the examination to be taken by prospective brokers or executive officers; (2) rules governing continuing or additional training, including the specific circumstances under which such training is compulsory for all or some of the broker’s licence holders or of the executive officers of agency licence holders; (3) the terms and conditions governing the issue, suspension or revocation of a licence, and the cases in which restrictions or conditions may be imposed on a licence; (4) the licence fees to be paid; (5) the rules of professional conduct applicable to broker’s licence holders or executive officers of agency licence holders; (6) the information and documents to be provided by a prospective broker or executive officer or by a licence holder; (7) the particulars a licence must contain; (8) the requirements to be met in order to engage in a brokerage transaction described in section 3.1; (9) the nature, form and tenor of the records, books and registers that must be kept by licence holders, as well as rules for the preservation, use and destruction of records, books and registers; (10) rules for opening and maintaining a trust account, as well as the terms and conditions governing deposits and withdrawals; (10.1) what measures may be taken to safeguard money entrusted to a licence holder or held in trust, and who may take such measures; (11) the real estate brokerage contracts to which, on an ad hoc basis or occasionally, persons, partnerships or groups of persons or partnerships, other than licence holders, may be parties as intermediaries following a special authorization, the terms and conditions applicable to the resulting brokerage transactions and the fees chargeable for such transactions; (12) the qualifications required of executive officers of an agency licence holder; (13) (paragraph repealed); (14) the activities that licence holders may not engage in; (15) the terms and conditions governing the eligibility of claims submitted to the indemnity committee and the payment of indemnities; (16) the maximum amount of indemnities that may be paid with regard to the same claim; and (17) the contributions that must be paid by licence holders to the Organization for payment into the Real Estate Indemnity Fund, according to the licence they hold and the date of their registration with the Organization, as well as the terms of payment for those contributions. 2008, c. 9, s. 46; 2009, c. 58, s. 145; 2013, c. 18, s. 29; 2018, c. 23, s. 437.
Section 46Verify source
§ 47Section 47Repeal

Source excerpt

Section 47 is repealed.

47. (Repealed). 2008, c. 9, s. 47; 2018, c. 23, s. 438.
Section 47Verify source
§ 48Section 48Provision

Source excerpt

The Organization may set, by regulation, which specialist titles a broker’s licence holder may use.

48. The Organization may determine, by regulation, the specialist titles a broker’s licence holder may use and the terms and conditions governing the conferral and withdrawal of those titles. 2008, c. 9, s. 48; 2018, c. 23, s. 439.
Section 48Verify source
§ 49Section 49Provision

Source excerpt

The Organization may establish special or supplementary rules for licence holders for regulatory purposes.

49. The Organization may, for the purposes of any regulation, establish special or supplementary rules for licence holders. 2008, c. 9, s. 49; 2013, c. 18, s. 30; 2018, c. 23, s. 440.
Section 49Verify source
§ 49.1Section 49.1Provision

Source excerpt

The Organization may require identified persons to take an oath of discretion and set its form.

49.1. The Organization may, by regulation, require that persons it identifies take an oath of discretion, and determine the form of the oath. However, the oath is not to be construed as prohibiting the sharing of information or documents within the Organization for the protection of the public. 2013, c. 18, s. 31.
Section 49.1Verify source
§ 50Section 50Provision

Source excerpt

Sixty days after the Government serves a formal notice on the Organization requiring it to adopt regulations, the Government may exercise the regulatory power itself.

50. Sixty days after serving on the Organization a formal notice enjoining it to adopt regulations as provided in this Act, the Government may exercise that regulatory power itself. Such regulations are deemed to be regulations of the Organization. 2008, c. 9, s. 50.
Section 50Verify source
§ 51Section 51Repeal

Source excerpt

Section 51 is repealed.

51. (Repealed). 2008, c. 9, s. 51; 2018, c. 23, s. 441.
Section 51Verify source
§ 52Section 52Provision

Source excerpt

If authorized, the Organization may establish and administer an insurance fund and require certain licence holders to subscribe to it.

52. If the Autorité des marchés financiers grants an authorization to the Organization in accordance with section 41 of the Insurers Act (chapter A-32.1), the Organization may establish an insurance fund and administer it in accordance with that Act and require licence holders to subscribe to it. The Organization determines, by resolution, the tariff of rates and amounts of the premiums broker’s or agency licence holders must pay. 2008, c. 9, s. 52; 2010, c. 40, s. 19; 2018, c. 23, s. 442.
Section 52Verify source
§ 53Section 53Provision

Source excerpt

The Organization must not communicate information about an insured person except for the purposes for which the fund was established.

53. The Organization may not communicate information about an insured person except for the purposes for which the fund was established. 2008, c. 9, s. 53; 2018, c. 23, s. 443.
Section 53Verify source
§ 53.1Section 53.1Offence

Source excerpt

The committee must immediately notify the syndic if it has reasonable grounds to believe an offence under the Act was committed; the same applies to a member of the committee.

53.1. The professional liability insurance decision-making committee that the Organization must establish, under section 354 of the Insurers Act (chapter A-32.1), when establishing an insurance fund must notify the syndic immediately if it has reasonable grounds to believe that an offence under this Act has been committed. The same applies to a member of the decision-making committee. 2018, c. 23, s. 444.
Section 53.1Verify source
§ 54Section 54Provision

Source excerpt

The Organization must adopt and bring into force internal by-laws that establish its operating rules.

54. The Organization adopts and brings into force internal by-laws establishing its operating rules. 2008, c. 9, s. 54; 2013, c. 18, s. 32; 2018, c. 23, s. 445.
Section 54Verify source
§ 55Section 55Provision

Source excerpt

The Organization must have its head office in Québec at the place set out in its internal by-laws, and it must publish notice of the head office address and any change of address in the Gazette officielle du Québec.

55. The Organization has its head office in Québec at the place specified in its internal by-laws. A notice of the address of the Organization’s head office and any change of address is published in the Gazette officielle du Québec. 2008, c. 9, s. 55.
Section 55Verify source
§ 56Section 56Repeal

Source excerpt

Section 56 is repealed.

56. (Repealed). 2008, c. 9, s. 56; 2018, c. 23, s. 446.
Section 56Verify source
§ 57Section 57Provision

Source excerpt

57. The affairs of the Organization are administered by a board consisting of 12 directors appointed or elected for a term of three years. Directors may not hold office for more than 10 years, whether consecutively or otherwise. 2008, c.

57. The affairs of the Organization are administered by a board consisting of 12 directors appointed or elected for a term of three years. Directors may not hold office for more than 10 years, whether consecutively or otherwise. 2008, c. 9, s. 57; 2013, c. 18, s. 33; 2018, c. 23, s. 447.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

The Minister appoints six directors after consulting the Organization, and licence holders elect the remaining directors. Internal by-laws must set election rules. Certain conflict-of-interest conditions and dual-position restrictions apply to directors.

58. After consulting the Organization, the Minister appoints six directors who are neither broker’s licence holders nor directors or executive officers of agency licence holders. The licence holders elect from among their number the other directors of the board; three of the directors must engage mainly in brokerage transactions relating to the contracts referred to in section 23 and the three others must engage mainly in other brokerage transactions. The internal by-laws must prescribe the rules applicable to the election of the directors. A person may not be appointed or elected a director or remain a director if the person is or becomes a director or executive officer of an association or enterprise whose purpose is to defend the interests of licence holders or franchisers. A director may not hold any other remunerated position with the Organization. 2008, c. 9, s. 58; 2010, c. 40, s. 20; 2013, c. 18, s. 34; 2018, c. 23, s. 448.
Section 58Verify source
§ 58.1Section 58.1Provision

Source excerpt

The board of directors must choose a chair, following the internal by-laws, from among members appointed by the Minister.

58.1. The members of the board of directors designate, in the manner prescribed in the internal by-laws, a chair from among the members appointed by the Minister. 2018, c. 23, s. 449.
Section 58.1Verify source
§ 59Section 59Provision

Source excerpt

At the end of their term, directors stay in office until they are replaced, re-appointed, or re-elected.

59. At the end of their term, directors remain in office until they are replaced, re-appointed or re-elected. 2008, c. 9, s. 59.
Section 59Verify source
§ 59.1Section 59.1Provision

Source excerpt

59.1. A vacancy among the directors appointed by the Minister is filled by the Minister; a vacancy among the other directors is filled by the board of directors. A director who is appointed or elected to fill a vacancy holds office for the

59.1. A vacancy among the directors appointed by the Minister is filled by the Minister; a vacancy among the other directors is filled by the board of directors. A director who is appointed or elected to fill a vacancy holds office for the unexpired portion of his or her predecessor’s term. 2018, c. 23, s. 450.
Section 59.1Verify source
§ 59.2Section 59.2Provision

Source excerpt

59.2. A member’s absence from the number of board meetings determined by the Organization’s internal by-laws constitutes a vacancy, in the cases and circumstances they specify. 2018, c. 23, s. 450.

59.2. A member’s absence from the number of board meetings determined by the Organization’s internal by-laws constitutes a vacancy, in the cases and circumstances they specify. 2018, c. 23, s. 450.
Section 59.2Verify source
§ 60Section 60Provision

Source excerpt

60. A director who has a direct or indirect interest in an enterprise that places the director’s personal interest in conflict with the Organization’s interest must, on pain of forfeiture of office, disclose that personal interest and

60. A director who has a direct or indirect interest in an enterprise that places the director’s personal interest in conflict with the Organization’s interest must, on pain of forfeiture of office, disclose that personal interest and abstain from participating in any decision involving the enterprise. The director must also withdraw from a meeting for the duration of discussions on the matter. 2008, c. 9, s. 60.
Section 60Verify source
§ 61Section 61Provision

Source excerpt

The Organization is subject to the public-body access and personal information Act, and personal information held by a liability insurance fund established under section 52 is subject to the private-sector personal information Act.

61. The Organization is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). However, the Act respecting the protection of personal information in the private sector (chapter P-39.1) applies to personal information held by a liability insurance fund established in accordance with section 52. 2008, c. 9, s. 61; 2018, c. 23, s. 451.
Section 61Verify source
§ 62Section 62Provision

Source excerpt

62. The Organization’s activities are financed out of the licence fees paid by licence holders under paragraph 4 of section 46 and the other amounts payable to the Organization under this Act. 2008, c. 9, s. 62.

62. The Organization’s activities are financed out of the licence fees paid by licence holders under paragraph 4 of section 46 and the other amounts payable to the Organization under this Act. 2008, c. 9, s. 62.
Section 62Verify source
§ 63Section 63Provision

Source excerpt

The Organization must keep a public register of licence holders and include specified details about broker’s and agency licence holders.

63. The Organization keeps a register of licence holders. The register must contain the name of each broker’s licence holder, the titles he or she may use, the address where he or she carries on brokerage activities and, if applicable, the name of the agency licence holder that he or she represents, a statement that he or she carries on brokerage activities within a business corporation, the name of the business corporation and any restrictions or conditions on his or her licence. The register must contain the name of each agency licence holder, the address of the agency licence holder’s head office, the restrictions or conditions on the agency licence holder’s licence, and the names of the broker’s licence holders through whose intermediary the agency licence holder carries on activities. The register must also contain any other information the Organization considers appropriate. The information contained in the register of licence holders is public information. It may be set up against third parties as of the date it is entered and is proof of its contents for the benefit of third parties in good faith. 2008, c. 9, s. 63; 2010, c. 40, s. 21; 2018, c. 23, s. 452; 2024, c. 15, s. 115.
Section 63Verify source
§ 64Section 64Provision

Source excerpt

The Organization must have its books and accounts audited by an auditor every year.

64. The Organization must have its books and accounts audited by an auditor every year. If the Organization fails to do so, the Minister may have the audit conducted and may, for that purpose, designate an auditor whose remuneration is borne by the Organization. 2008, c. 9, s. 64.
Section 64Verify source
§ 65Section 65Provision

Source excerpt

The auditor may access the Organization’s books and records, and people holding those documents must help the auditor examine them.

65. The auditor has access to all the Organization’s books, registers, accounts, other accounting records and vouchers. Any person having custody of such documents must facilitate their examination by the auditor. The auditor may require the information and documents needed to conduct the audit from the Organization’s directors, executive officers, mandataries or employees. 2008, c. 9, s. 65.
Section 65Verify source
§ 66Section 66Provision

Source excerpt

The auditor may require a meeting of the board of directors for matters related to the audit.

66. The auditor may require a meeting of the board of directors on any matter related to the audit. 2008, c. 9, s. 66.
Section 66Verify source
§ 67Section 67Provision

Source excerpt

67. The fiscal year of the Organization ends on 31 December. 2008, c. 9, s. 67.

67. The fiscal year of the Organization ends on 31 December. 2008, c. 9, s. 67.
Section 67Verify source
§ 68Section 68Provision

Source excerpt

The Organization must send its annual report to the Minister within four months after its fiscal year ends, and the report must include any information the Minister requires and the auditor’s report. The Minister must table the report in the National Assembly within 30 days after receiving it, or within 30 days after the Assembly resumes if it is not sitting.

68. Within four months after the end of its fiscal year, the Organization sends the Minister its annual report showing its financial position and activities for the preceding fiscal year. The report must contain any other information required by the Minister. The auditor’s report must be attached. The report is laid before the National Assembly by the Minister within 30 days after receiving it or, if the Assembly is not sitting, within 30 days after resumption. 2008, c. 9, s. 68; 2018, c. 23, s. 456.
Section 68Verify source
§ 69Section 69Provision

Source excerpt

On request, the Organization must provide the Minister with specified statements, data, reports, documents, or other information, in the form and by the dates the Minister sets.

69. The Organization must send the Minister, on request, any statements, statistical data, reports, documents or other information the Minister considers appropriate for the purposes of this Act, in the form and on the dates specified by the Minister. 2008, c. 9, s. 69.
Section 69Verify source
§ 70Section 70Provision

Source excerpt

An assistance service is established within the Organization to review requests, decide how they are handled, and help people present requests.

70. An assistance service is set up within the Organization. The role of the assistance service is, among other things, to provide a first examination of any request addressed to the Organization, to decide how requests should be handled and to assist anyone in presenting a request. The service exercises the Organization’s power under the first paragraph of section 34. 2008, c. 9, s. 70; 2013, c. 18, s. 35.
Section 70Verify source
§ 71Section 71Offence

Source excerpt

The assistance service must notify the syndic immediately if it has reasonable grounds to believe an offence under this Act has been committed.

71. The assistance service must notify the syndic immediately if it has reasonable grounds to believe that an offence under this Act has been committed. 2008, c. 9, s. 71.
Section 71Verify source
§ 72Section 72Provision

Source excerpt

The assistance service must tell the request initiator that, if they are not satisfied with how the request was settled, they may ask for the request to be forwarded to the syndic.

72. The assistance service must inform the initiator of a request that, if not satisfied with how the request has been settled, the initiator may request that the assistance service forward the request to the syndic. 2008, c. 9, s. 72.
Section 72Verify source
§ 73Section 73Provision

Source excerpt

73. An inspection committee is appointed within the Organization. 2008, c. 9, s. 73.

73. An inspection committee is appointed within the Organization. 2008, c. 9, s. 73.
Section 73Verify source
§ 74Section 74Provision

Source excerpt

The inspection committee must oversee licence holders and audit their records, accounts, books, and registers.

74. The role of the inspection committee is to oversee the activities of licence holders, in particular by auditing their records, accounts, books and registers and, if applicable, those of business corporations within which broker’s licence holders carry on brokerage activities. 2008, c. 9, s. 74; 2010, c. 40, s. 22; 2018, c. 23, s. 457.
Section 74Verify source
§ 75Section 75Offence

Source excerpt

The inspection committee may make recommendations to an inspected licence holder and may require certain licence holders to complete training; if it notes an offence under the Act, it must notify the syndic.

75. The inspection committee may make any recommendation it considers appropriate to a licence holder that has been inspected. If the committee notes that an offence under this Act has been committed, it must notify the syndic. The committee may also require a broker’s licence holder or an executive officer of an agency licence holder to successfully complete a course or to take any other training program. The broker’s licence holder or executive officer may request that this decision be reviewed by the Organization’s board of directors. 2008, c. 9, s. 75; 2018, c. 23, s. 458.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

76. The inspection committee’s operating rules are set out in the Organization’s regulations. 2008, c. 9, s. 76; 2009, c. 58, s. 146.

76. The inspection committee’s operating rules are set out in the Organization’s regulations. 2008, c. 9, s. 76; 2009, c. 58, s. 146.
Section 76Verify source
§ 77Section 77Provision

Source excerpt

An inspection may be conducted if the Organization requests it or if the inspection committee acts on its own initiative.

77. An inspection may be conducted on the Organization’s request or on the inspection committee’s own initiative. 2008, c. 9, s. 77.
Section 77Verify source
§ 78Section 78Provision

Source excerpt

An inspector may enter certain premises at a reasonable hour, examine and copy related records, and require information or documents. Anyone holding the records must, on request, make them available and help with examination.

78. A person conducting an inspection under this division may (1) enter the establishment of the licence holder concerned, or, if applicable, the establishment of the business corporation within which the broker’s licence holder carries on brokerage activities, at any reasonable hour; (2) examine and make copies of the books, registers, accounts, records and other documents relating to the licence holder’s activities; and (3) require any information or document relating to the carrying out of this Act. A person having custody, possession or control of the books, registers, accounts, records and other documents must, on request, make them available to the person conducting the inspection and facilitate their examination, regardless of the storage medium and the means by which they may be accessed. 2008, c. 9, s. 78; 2010, c. 40, s. 23; 2018, c. 23, s. 459.
Section 78Verify source
§ 79Section 79Provision

Source excerpt

An inspector must, when asked, show identification and a certificate of authority signed by the secretary of the Organization.

79. A person conducting an inspection must, on request, provide identification and produce a certificate of authority signed by the secretary of the Organization. 2008, c. 9, s. 79.
Section 79Verify source
§ 80Section 80Provision

Source excerpt

No one may hinder or mislead a person conducting an inspection.

80. No one may hinder the work of or mislead a person conducting an inspection. 2008, c. 9, s. 80.
Section 80Verify source
§ 81Section 81Provision

Source excerpt

The inspection committee must file an annual report with the Organization, on the date and in the form the Organization determines.

81. The inspection committee must submit an annual report to the Organization, on the date and in the form the Organization determines. 2008, c. 9, s. 81.
Section 81Verify source
§ 82Section 82Provision

Source excerpt

The Organization must appoint a syndic and, if necessary, assistant syndics.

82. The Organization appoints a syndic and, if necessary, one or more assistant syndics. The rules for appointing the syndic and assistant syndics and any replacements are set out in the Organization’s regulations. 2008, c. 9, s. 82.
Section 82Verify source
§ 83Section 83Provision

Source excerpt

Assistant syndics act under the syndic’s direction and have the syndic’s powers.

83. Assistant syndics exercise their functions under the direction of the syndic and have all the powers of the syndic. 2008, c. 9, s. 83.
Section 83Verify source
§ 83.1Section 83.1Provision

Source excerpt

The Organization appoints ad hoc syndics on the review committee’s suggestion, and the Organization must take steps to preserve their independence.

83.1. The Organization appoints one or more ad hoc syndics on the suggestion of the review committee. Within the given mandate, an ad hoc syndic has the rights, powers and obligations of a syndic, but does not have authority over an assistant syndic. The Organization must take steps to preserve the independence of an ad hoc syndic at all times. 2013, c. 18, s. 36.
Section 83.1Verify source
§ 84Section 84Offence

Source excerpt

The syndic must investigate alleged contraventions or offences by a licence holder, and may retain help to do the investigation.

84. The role of the syndic is to investigate any alleged contravention of this Act by a licence holder and, if applicable, a director or executive officer of the licence holder. The syndic may retain the services of any person needed to carry out an investigation. A syndic who has grounds to believe that an offence under this Act has been committed by a licence holder and, if applicable, a director or executive officer of the licence holder, investigates the matter and, if warranted, files a complaint with the discipline committee. The complaint may also require a provisional measure. 2008, c. 9, s. 84; 2009, c. 58, s. 147; 2013, c. 18, s. 37; 2018, c. 23, s. 460.
Section 84Verify source
§ 85Section 85Provision

Source excerpt

If someone asks for an investigation into a broker’s licence holder, the syndic must notify that person in writing of the decision on whether to file a complaint; if no complaint is filed, reasons must be given.

85. When a person has requested an investigation into the conduct of a broker’s licence holder, the syndic informs the person in writing, within a reasonable time, of the syndic’s decision to file or not to file a complaint with the discipline committee as a result of the request; if the decision is not to file a complaint, the syndic must include reasons. If a complaint is filed, the syndic must, on request, send the discipline committee’s decision to the person or inform the person of the decision; the person is bound by any order banning publication or release that may be included in the decision. 2008, c. 9, s. 85; 2018, c. 23, s. 461.
Section 85Verify source
§ 86Section 86Offence

Source excerpt

A complaint may be filed against a person or partnership that no longer holds a broker’s or agency licence, if the person or partnership held that licence when the alleged offence occurred.

86. A complaint may be filed against a person or partnership that no longer holds a broker’s or agency licence if, at the time of the alleged offence, the person or partnership did hold such a licence. 2008, c. 9, s. 86.
Section 86Verify source
§ 87Section 87Provision

Source excerpt

The syndic must submit an annual report to the Organization at the date and in the form the Organization determines.

87. The syndic submits an annual report to the Organization, on the date and in the form the Organization determines. 2008, c. 9, s. 87.
Section 87Verify source
§ 88Section 88Offence

Source excerpt

The syndic or assistant syndic may complain to the discipline committee about certain guilty decisions or guilty pleas tied to a licence holder’s activities. If the committee thinks a penalty is warranted, it must impose one of the penalties set out in section 98.

88. The syndic or an assistant syndic may, by way of a complaint, seize the discipline committee of any decision finding a broker’s licence holder, the business corporation within which he or she carries on brokerage activities or an agency licence holder guilty of an offence or an indictable offence which, in the syndic’s or assistant syndic’s opinion, is related to the licence holder’s activities. The syndic or assistant syndic may also seize the discipline committee, by the same means, of any guilty plea in relation to such an offence. A duly certified copy of the judicial decision is proof before the discipline committee that the offence was committed and that any facts reported in the decision are true. If the discipline committee considers that a penalty is warranted, the discipline committee imposes on the licence holder one of the penalties prescribed by section 98. 2008, c. 9, s. 88; 2010, c. 40, s. 24; 2013, c. 18, s. 38; 2018, c. 23, s. 462.
Section 88Verify source
§ 89Section 89Provision

Source excerpt

When conducting an investigation, a syndic, assistant syndic, or ad hoc syndic has the powers and immunity of commissioners under the public inquiry commissions Act, but not the power to order imprisonment.

89. Sections 78 to 80 apply to a syndic, assistant syndic and ad hoc syndic when conducting an investigation. The syndic, assistant syndics and ad hoc syndics have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. 2008, c. 9, s. 89; 2013, c. 18, s. 39.
Section 89Verify source
§ 90Section 90Provision

Source excerpt

90. A syndic decision review committee is appointed within the Organization. The review committee’s operating rules, including those applicable to its decision-making process, are set out in the Organization’s regulations. 2008, c. 9, s.

90. A syndic decision review committee is appointed within the Organization. The review committee’s operating rules, including those applicable to its decision-making process, are set out in the Organization’s regulations. 2008, c. 9, s. 90.
Section 90Verify source
§ 91Section 91Provision

Source excerpt

A person who asked the syndic to investigate may request a ruling from the review committee within 30 days after written notice that no complaint will be filed. The review committee must give its ruling in writing within 90 days, after reviewing the full record and evidence and hearing both the syndic and the requester.

91. A person who requested an investigation by the syndic may, within 30 days after being informed in writing of the syndic’s decision not to file a complaint with the discipline committee, request a ruling from the review committee. Within 90 days after receiving a request under the first paragraph, the review committee makes its ruling in writing after considering the entire record and all the evidence, which must be forwarded by the syndic, and after hearing both the syndic and the person who requested the investigation. 2008, c. 9, s. 91.
Section 91Verify source
§ 92Section 92Provision

Source excerpt

The review committee must choose one listed outcome in its ruling, may suggest referral to the inspection committee, must send its ruling without delay, and the Organization must reimburse fees in specified cases.

92. In its ruling, the review committee must make one of the following decisions: (1) find that there is no cause to file a complaint with the discipline committee; (2) suggest that the syndic complete the investigation and subsequently make a new ruling as to whether or not to file a complaint; or (3) find that there is cause to file a complaint with the discipline committee and suggest that an ad hoc syndic be appointed who, after investigation, if one is necessary, will decide whether or not to file a complaint. The review committee may also suggest that the syndic refer the case to the inspection committee. If the review committee suggests that the syndic complete the investigation or finds that there is cause to file a complaint with the discipline committee, the Organization must reimburse any fees charged to the person who requested the investigation. The review committee must send its ruling to the person who requested the investigation and to the syndic without delay. 2008, c. 9, s. 92; 2013, c. 18, s. 40; 2018, c. 23, s. 463.
Section 92Verify source
§ 92.1Section 92.1Provision

Source excerpt

An ad hoc syndic’s decision to file or not file a complaint under section 92 cannot be submitted to the review committee for a ruling.

92.1. An ad hoc syndic’s decision to file or not to file a complaint under subparagraph 3 of the first paragraph of section 92 may not be submitted to the review committee for a ruling. 2018, c. 23, s. 464.
Section 92.1Verify source
§ 93Section 93Offence

Source excerpt

A discipline committee is established within the Organization and handles complaints filed by the syndic against broker’s or agency licence holders.

93. A discipline committee is appointed within the Organization. The discipline committee is seized of any complaint filed by the syndic against a broker’s licence holder or agency licence holder, including, in the latter case, a director or an executive officer of the licence holder, for an offence under this Act. A complaint may include two or more counts. 2008, c. 9, s. 93; 2018, c. 23, s. 465.
Section 93Verify source
§ 94Section 94Provision

Source excerpt

The discipline committee must have three or more members, with the chair and vice-chairs appointed by the Minister after consulting the Barreau du Québec, and the other members appointed by the board of directors.

94. The discipline committee is composed of three or more members. The chair and vice-chairs are appointed by the Minister, after consultation with the Barreau du Québec, from among advocates who have been practising for at least 10 years. The other committee members are appointed by the board of directors from among broker’s licence holders. The term of office of the members appointed by the Minister is not more than five years and that of the other members is three years; the terms of office are renewable. 2008, c. 9, s. 94; 2018, c. 23, s. 466.
Section 94Verify source
§ 95Section 95Provision

Source excerpt

The discipline committee’s rules are set in the Organization’s regulations; breaching a non-publication or related order is contempt of court; committee proceedings are generally public.

95. The discipline committee’s operating rules including those applicable to the filing and hearing of complaints and those applicable to its decision-making process, such as the imposition of provisional measures are set out in the Organization’s regulations. A person who, by act or omission, infringes an in-camera, no-access, non-publication or non-release order made by the discipline committee is guilty of contempt of court. Any proceedings before the discipline committee are public. Anyone may attend committee hearings wherever they are held, and have access to the committee’s records. The discipline committee may make an exception to the principle of open proceedings if, in its opinion, public order requires that the hearing be held in camera, that access to a document or the disclosure or release of information or documents specified by the committee be prohibited or restricted, or that the anonymity of the persons involved be protected. 2008, c. 9, s. 95; 2009, c. 58, s. 148; 2018, c. 23, s. 467.
Section 95Verify source
§ 96Section 96Provision

Source excerpt

If a licence holder has stopped holding the licence, the disciplinary process may still be started and, if already started, it continues without interruption.

96. When a licence holder has ceased to hold a licence, the disciplinary process may nevertheless be initiated; if it has already been initiated, it is not interrupted. 2008, c. 9, s. 96; 2018, c. 23, s. 468.
Section 96Verify source
§ 97Section 97Provision

Source excerpt

The discipline committee members have commissioner-like powers and immunity, except they cannot order imprisonment.

97. The members of the discipline committee have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. They have all the powers of the Superior Court to compel witnesses to appear and answer, and to punish them if they refuse; for such purposes, the respondent is deemed to be a witness. The discipline committee has jurisdiction to the exclusion of any court, in first instance. 2008, c. 9, s. 97; 2009, c. 58, s. 149.
Section 97Verify source
§ 98Section 98Offence

Source excerpt

The discipline committee must decide each complaint count and, if a licence holder is found guilty of an offence, impose one or more penalties.

98. The discipline committee renders a decision on each count contained in the complaint. If it finds the licence holder, including, in the case of an agency licence holder, a director or executive officer of the agency licence holder, guilty of an offence under this Act, the discipline committee, after giving them the opportunity to present their case, imposes one or more of the following penalties: (1) a reprimand; (2) suspension or revocation of the licence holder’s licence, or the imposition of restrictions or conditions on the licence; (3) a fine of not less than $2,500 nor more than $62,500 for each count, which maximum and minimum amounts are doubled for a second or subsequent offence; (4) remittal to any person or partnership of a sum of money the licence holder is holding for that person or partnership; (5) the surrender of any document or information; (6) the obligation to complete, destroy or delete, update or rectify any document or information; or (7) the obligation to successfully complete a course or to take any other training program. When a licence holder is found guilty of having appropriated, without entitlement, sums of money or other assets held by the licence holder for others, or of having used such sums of money or assets for purposes other than those for which they were entrusted to the licence holder, the discipline committee imposes on the licence holder at least the licence suspension prescribed by subparagraph 2 of the first paragraph. When a licence holder is found guilty of not disclosing a conflict of interest in accordance with this Act, the discipline committee imposes on the licence holder at least the fine prescribed by subparagraph 3 of the first paragraph. Moreover, the Government may determine the provisions of a regulation made under this Act whose contravention constitutes an offence and renders the offender liable to at least the fine provided for in that subparagraph. Each day during which the offence continues constitutes a separate offence, and the discipline committee may impose for each of those separate offences the fine prescribed by subparagraph 3 of the first paragraph. The discipline committee’s decision to impose one or more penalties may include terms and conditions. The decision may also prescribe that penalties apply consecutively. In determining the amount of a fine, the discipline committee considers such factors as the injury suffered as a result of and the benefits derived from the offence. 2008, c. 9, s. 98; 2009, c. 58, s. 150; 2018, c. 23, s. 469; 2025, c. 16, s. 133.
Section 98Verify source
§ 98.1Section 98.1Offence

Source excerpt

The discipline committee must decide whether to publish notice of certain licence decisions, and if it does, it must decide who pays the publication costs. The notice must contain specified information. Unpaid decisions may be homologated by the Superior Court or the Court of Québec and then enforced as a judgment.

98.1. The discipline committee must, on rendering a decision to suspend, revoke or impose restrictions or conditions on a licence, decide whether or not it will publish a notice of the decision in the newspaper it considers most likely to be read by the licence holder’s clientele. If the discipline committee orders the publication of such a notice, it must, in addition, decide whether the publication costs are to be paid by the licence holder, by the Organization, or divided as specified between the licence holder and the Organization. The notice must include the name of the licence holder concerned, the location of the establishment, the date and nature of the offence, or, if the decision imposes a provisional measure, the date and nature of the facts underlying the charge and the date and summary of the decision. A decision of the discipline committee ordering the licence holder to pay costs, imposing a fine on the licence holder, or ordering the licence holder, the agency or the Organization to pay the publication costs referred to in the first paragraph may, if not complied with, be homologated by the Superior Court or the Court of Québec, according to their respective jurisdictions, and becomes enforceable as a judgment of that Court. 2009, c. 58, s. 151; 2013, c. 18, s. 41; 2018, c. 23, s. 470.
Section 98.1Verify source
§ 99Section 99Provision

Source excerpt

The discipline committee must serve its decisions on the parties in accordance with the Code of Civil Procedure within 10 days.

99. The discipline committee has its decisions served on the parties in accordance with the Code of Civil Procedure (chapter C-25.01) within 10 days. However, a decision rendered in the presence of one of the parties is deemed to be served on that party in accordance with the first paragraph as soon as it is rendered. 2008, c. 9, s. 99; I.N. 2016-01-01 (NCCP).
Section 99Verify source
§ 100Section 100Provision

Source excerpt

An appeal from a discipline committee decision must be brought before the Court of Québec under subdivision 5 of Division VII of Chapter IV of the Professional Code, with necessary modifications.

100. Any appeal from a decision made by the discipline committee is brought before the Court of Québec in accordance with subdivision 5 of Division VII of Chapter IV of the Professional Code (chapter C-26), with the necessary modifications. 2008, c. 9, s. 100.
Section 100Verify source
§ 101Section 101Offence

Source excerpt

The discipline committee’s decisions become enforceable at specific times, but the committee may set a different time or rectify a decision before it becomes enforceable, unless the decision is being appealed.

101. A decision of the discipline committee to impose one or more penalties prescribed by the first paragraph of section 98 is enforceable, as specified in the decision, on expiry of the appeal period, unless the discipline committee orders provisional enforcement of the decision on its being served on the broker or agency concerned. However, a decision of the discipline committee to revoke a licence is enforceable on being served on the broker or agency concerned. A decision of the discipline committee under the first paragraph of section 98.1 is enforceable on expiry of the appeal period or, in the case of an appeal from a decision to suspend a licence under subparagraph 2 of the first paragraph of section 98, on service of the final decision of the Court of Québec imposing one or more penalties. The discipline committee may order that a decision referred to in the first or third paragraph be enforceable at a time other than that specified in those paragraphs. The discipline committee may at any time rectify a decision so long as it has not become enforceable, unless it is being appealed. 2008, c. 9, s. 101; 2009, c. 58, s. 152; 2013, c. 18, s. 42.
Section 101Verify source
§ 102Section 102Provision

Source excerpt

A licence holder fined by the discipline committee must pay the fine to the Organization.

102. A licence holder fined by the discipline committee must pay the fine to the Organization. 2008, c. 9, s. 102; 2018, c. 23, s. 471.
Section 102Verify source
§ 103Section 103Provision

Source excerpt

If the discipline committee orders a licence holder to pay money, it must notify the person or partnership concerned within six days. The licence is automatically suspended from the due date until payment is made.

103. If a decision of the discipline committee orders a licence holder to remit a sum of money in accordance with subparagraph 4 of the first paragraph of section 98, the discipline committee must inform the person or partnership concerned within six days. The licence is automatically suspended from the date on which the sum of money determined by the discipline committee is due to the time the licence holder remits the amount to the person or partnership, including principal, interest and costs. 2008, c. 9, s. 103; 2018, c. 23, s. 472.
Section 103Verify source
§ 104Section 104Offence

Source excerpt

A licence holder with a suspended licence or one subject to restrictions or conditions may petition the discipline committee to lift them before the penalty expires.

104. The holder of a licence that has been suspended or made subject to restrictions or conditions by the discipline committee may petition the discipline committee, before the expiry of the penalty, to have the suspension or the restrictions or conditions lifted. The syndic may contest the petition; the licence holder must serve the petition on the syndic, in accordance with the Code of Civil Procedure (chapter C-25.01), at least 10 days before it is to be presented. If the discipline committee is of the opinion that the petition should be granted, it makes a recommendation to that effect to the Organization. If the discipline committee dismisses the petition, no new petition may be submitted before the expiry of the penalty unless the discipline committee so authorizes. A decision of the discipline committee under this section may not be appealed. 2008, c. 9, s. 104; 2018, c. 23, s. 473.
Section 104Verify source
§ 105Section 105Provision

Source excerpt

An indemnity committee is appointed within the Organization.

105. An indemnity committee is appointed within the Organization. 2008, c. 9, s. 105.
Section 105Verify source
§ 106Section 106Provision

Source excerpt

The indemnity committee may rule on claim eligibility and determine indemnity amounts under the Organization’s regulations.

106. The indemnity committee rules on the eligibility of claims submitted to it and decides the amount of the indemnities to be paid, in accordance with the rules set out in the Organization’s regulations. It may rule on the eligibility of a claim whether or not the broker or agency responsible has been prosecuted or convicted. 2008, c. 9, s. 106.
Section 106Verify source
§ 107Section 107Provision

Source excerpt

107. The operating rules of the indemnity committee, including those applicable to its decision-making process, are set out in the Organization’s regulations. 2008, c. 9, s. 107; 2009, c. 58, s. 153.

107. The operating rules of the indemnity committee, including those applicable to its decision-making process, are set out in the Organization’s regulations. 2008, c. 9, s. 107; 2009, c. 58, s. 153.
Section 107Verify source
§ 108Section 108Provision

Source excerpt

The Real Estate Indemnity Fund is established and used to pay indemnities to victims of fraud, fraudulent tactics, or misappropriation of funds for which a licence holder is responsible.

108. The Real Estate Indemnity Fund is established. The Fund is dedicated to the payment of indemnities to victims of fraud, fraudulent tactics or misappropriation of funds for which a licence holder is responsible. 2008, c. 9, s. 108; 2018, c. 23, s. 474.
Section 108Verify source
§ 109Section 109Provision

Source excerpt

The Fund is financed by licence-holders’ contributions, disciplinary fines net of process costs, subrogation recoveries, interest, and asset increases. If assets are insufficient, the Organization must repay any loan from the Fund and may set the contribution to cover the shortfall.

109. The Real Estate Indemnity Fund is made up of the contributions paid by licence holders in accordance with the Organization’s regulations, the fines imposed by the discipline committee less the costs relating to the disciplinary process, the money recovered by way of subrogation from a licence holder, the interest earned on the money in the Fund and any increase in the assets of the Fund. Any insufficiency of assets is to be offset by a loan contracted by the Organization. The loan must be repaid out of the Fund. Moreover, the Organization may determine the contribution so as to offset an insufficiency. 2008, c. 9, s. 109; 2018, c. 23, s. 475.
Section 109Verify source
§ 110Section 110Provision

Source excerpt

The Organization manages the Real Estate Indemnity Fund, keeps separate books for Fund money, and Fund assets cannot be used to carry out the Organization’s obligations.

110. The Real Estate Indemnity Fund is managed by the Organization. The Organization keeps separate books for the money in the Fund; the costs incurred for the administration and operation of the Fund are paid out of that money. The assets of the Fund are not part of the Organization’s assets and may not be used to perform the Organization’s obligations. 2008, c. 9, s. 110.
Section 110Verify source
§ 111Section 111Provision

Source excerpt

The Organization must compensate victims according to the indemnity committee’s decisions.

111. The Organization compensates victims in accordance with the decisions of the indemnity committee. 2008, c. 9, s. 111.
Section 111Verify source
§ 112Section 112Provision

Source excerpt

The Organization may be subrogated to a compensated victim’s rights, up to the amount paid in indemnities.

112. The Organization is subrogated in all the rights of a victim it compensates, up to the amount of the indemnities paid. Prescription begins to run against the Organization from the day the indemnities are paid. Any money recovered is paid into the Fund. 2008, c. 9, s. 112; 2013, c. 18, s. 43.
Section 112Verify source
§ 113Section 113Provision

Source excerpt

The Minister may conduct or order an inspection of the Organization’s affairs when the Minister considers it appropriate for carrying out the Act.

113. The Minister conducts or orders an inspection of the affairs of the Organization whenever the Minister considers it appropriate for the carrying out of this Act. 2008, c. 9, s. 113; 2013, c. 18, s. 44.
Section 113Verify source
§ 114Section 114Provision

Source excerpt

114. A person conducting an inspection may, for the purposes of the inspection, (1) enter the head office of the Organization at any reasonable hour; (2) examine and make copies of the books, registers, accounts, records and other

114. A person conducting an inspection may, for the purposes of the inspection, (1) enter the head office of the Organization at any reasonable hour; (2) examine and make copies of the books, registers, accounts, records and other documents relating to the activities of the Organization; and (3) require any information or document relating to the carrying out of this Act. A person having custody, possession or control of the books, registers, accounts, records and other documents must, on request, make them available to the person conducting the inspection and facilitate their examination by that person. 2008, c. 9, s. 114.
Section 114Verify source
§ 115Section 115Provision

Source excerpt

An inspector must, if asked, show identification and a Minister-signed certificate of authority.

115. A person conducting an inspection must, on request, provide identification and produce a certificate of authority signed by the Minister. 2008, c. 9, s. 115.
Section 115Verify source
§ 116Section 116Provision

Source excerpt

No one may hinder or mislead a person conducting an inspection.

116. No one may hinder the work of or mislead a person conducting an inspection. 2008, c. 9, s. 116.
Section 116Verify source
§ 117Section 117Provision

Source excerpt

The Minister may order an investigation if the Minister considers it necessary in the public interest. The Minister and any person authorized in writing get the powers and immunity of certain commissioners, except the power to order imprisonment.

117. If, in the Minister’s opinion, it is necessary in the public interest, the Minister may order an investigation into any matter within the Minister’s purview. The Minister and any person the Minister authorizes in writing have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. 2008, c. 9, s. 117.
Section 117Verify source
§ 118Section 118Provision

Source excerpt

If the Minister thinks the Organization is acting contrary to the Act, the Minister may order it to change course and fix the problem.

118. If, in the Minister’s opinion, the Organization is engaged in a course of action contrary to this Act, the Minister may order it to alter its course of action and remedy the situation. 2008, c. 9, s. 118.
Section 118Verify source
§ 119Section 119Provision

Source excerpt

The Minister’s order must state reasons, be sent to the Organization, and give at least 15 days’ prior notice so the Organization can submit observations.

119. The Minister’s order must include reasons and be sent to the Organization with a prior notice of at least 15 days to allow it to submit observations. The order becomes enforceable on its date of service or on any later date specified in the order. 2008, c. 9, s. 119.
Section 119Verify source
§ 120Section 120Provision

Source excerpt

The Minister may issue a provisional order without prior notice for up to 15 days if extra time for the Organization to submit observations could undermine the public interest.

120. The Minister may, without prior notice, issue a provisional order valid for a period of not more than 15 days if, in the Minister’s opinion, any time granted the Organization to submit observations may undermine the public interest. The order must include reasons and becomes enforceable on its date of service. The Organization may submit observations to the Minister within six days after receiving the order. 2008, c. 9, s. 120.
Section 120Verify source
§ 121Section 121Provision

Source excerpt

The Minister may revoke an order issued under this chapter.

121. The Minister may revoke an order issued under this chapter. 2008, c. 9, s. 121.
Section 121Verify source
§ 122Section 122Provision

Source excerpt

The Minister may apply to a Superior Court judge for an injunction about any matter relating to the Act.

122. The Minister may, by an application, apply to a judge of the Superior Court for an injunction in respect of any matter relating to this Act. An application for an injunction constitutes a proceeding in itself. The rules set out in the Code of Civil Procedure (chapter C-25.01) apply to such a proceeding, except that the Minister is not required to give security. 2008, c. 9, s. 122; I.N. 2016-01-01 (NCCP).
Section 122Verify source
§ 123Section 123Provision

Source excerpt

If the Organization fails to carry out its responsibilities or endangers public protection / statutory requirements, the Minister may take over some or all of its powers and limit the Organization’s use of those powers, after notice and an opportunity to make observations. The Organization may appeal to the Superior Court within 30 days.

123. If the Organization fails to exercise its responsibilities under this Act, or acts in such a manner that the public is not protected or the requirements set out in this Act are not met, the Minister may exercise all or part of the powers held by the Organization and prohibit the Organization from exercising those powers to the extent and for the period determined by the Minister. Before making such a decision, the Minister must notify the Organization and give it an opportunity to submit observations. The Organization may appeal to the Superior Court from the Minister’s decision within 30 days. 2008, c. 9, s. 123.
Section 123Verify source
§ 123.1Section 123.1Offence

Source excerpt

A licence holder may face a monetary administrative penalty for failing to send required information on time, to evidence certain contracts in writing, or to give the client the contract duplicate.

123.1. A monetary administrative penalty of $250 in the case of a natural person and $1,000 in any other case may be imposed on a licence holder who fails (1) to send anyone, within the time required by the Organization, the information prescribed by this Act or the regulations; (2) in contravention of section 24, to evidence in writing the contract concerning an immovable described in section 23; or (3) in contravention of section 25, to give his or her client the duplicate of the contract concerning an immovable described in section 23. 2024, c. 15, s. 70.
Section 123.1Verify source
§ 123.2Section 123.2Offence

Source excerpt

If a failure that can attract a monetary administrative penalty continues for more than one day, each additional day is treated as a new failure.

123.2. If a failure to comply for which a monetary administrative penalty may be imposed continues for more than one day, it constitutes a new failure for each day it continues. 2024, c. 15, s. 70.
Section 123.2Verify source
§ 123.3Section 123.3Offence

Source excerpt

The Organization may make a regulation allowing a failure to comply with that regulation to trigger a monetary administrative penalty.

123.3. The Organization may, in a regulation made under this Act, specify that a failure to comply with the regulation may give rise to a monetary administrative penalty. The regulation may define the conditions for applying the penalty and set forth the amounts or the methods for determining them. The amounts may vary according to the seriousness of the failure to comply, without exceeding the maximum amounts provided for in section 123.1. 2024, c. 15, s. 70.
Section 123.3Verify source
§ 123.4Section 123.4Offence

Source excerpt

If there is a Division I non-compliance failure, a notice of non-compliance may be sent to the licence holder.

123.4. In the event of a failure to comply referred to in Division I, a notice of non-compliance may be notified to the licence holder urging that the necessary measures be taken immediately to remedy it. Such a notice must mention that the failure may give rise to a monetary administrative penalty. 2024, c. 15, s. 70.
Section 123.4Verify source
§ 123.5Section 123.5Offence

Source excerpt

A monetary administrative penalty must be imposed within two years after the failure to comply.

123.5. The imposition of a monetary administrative penalty is prescribed by two years from the date of the failure to comply. 2024, c. 15, s. 70.
Section 123.5Verify source
§ 123.6Section 123.6Offence

Source excerpt

A monetary administrative penalty may not be imposed on a licence holder if a statement of offence for the same facts and same-day contravention of the same provision has already been served.

123.6. The monetary administrative penalty for a failure to comply with a provision of this Act may not be imposed on the licence holder if a statement of offence based on the same facts has already been served for a failure, on the same day, to comply with the same provision. 2024, c. 15, s. 70.
Section 123.6Verify source
§ 123.7Section 123.7Amendment

Source excerpt

A notice of claim for a monetary administrative penalty must set out key details, including the amount, reasons, interest timing, review rights, and recovery procedure information.

123.7. A monetary administrative penalty is imposed on the licence holder by the notification of a notice of claim. The notice must state: (1) the amount of the claim; (2) the reasons for it; (3) the time from which it bears interest, if applicable; (4) the right, under section 123.8, to obtain a review of the decision to impose the penalty and the time limit for exercising that right; and (5) the right to contest the review decision before the Administrative Tribunal of Québec and the time limit for bringing such a proceeding. The notice must also include information on the procedure for recovery of the amount claimed. The licence holder must also be informed that failure to pay the amount owing may give rise to the amendment, suspension or revocation of his or her licence and, if applicable, that the facts on which the claim is founded may result in penal proceedings. Unless otherwise provided, the amount owing bears interest at the rate determined under the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), from the 31st day after notification of the notice. 2024, c. 15, s. 70.
Section 123.7Verify source
§ 123.8Section 123.8Offence

Source excerpt

A licence holder may ask the Organization in writing to review a monetary administrative penalty decision within 30 days after notice of claim notification.

123.8. The holder of a licence may apply in writing to the Organization for a review of the decision to impose a monetary administrative penalty within 30 days after notification of the notice of claim. The persons responsible for the review are designated by the Organization; they must not come under the same administrative authority as the persons responsible for imposing such penalties. 2024, c. 15, s. 70.
Section 123.8Verify source
§ 123.9Section 123.9Provision

Source excerpt

A review application must be handled promptly.

123.9. The application for review must be dealt with promptly. After giving the applicant an opportunity to submit observations and produce any documents to complete the record, the person responsible for the review renders a decision on the basis of the record, unless the person deems it necessary to proceed in some other manner. 2024, c. 15, s. 70.
Section 123.9Verify source
§ 123.10Section 123.10Provision

Source excerpt

A review decision must be clear, give reasons, be notified to the applicant, and state the applicant’s right to contest it before the Administrative Tribunal of Québec and the time limit.

123.10. The review decision must be written in clear and concise terms, with reasons given, must be notified to the applicant and must state the applicant’s right to contest the decision before the Administrative Tribunal of Québec and the time limit for bringing such a proceeding. If the review decision is not rendered within 30 days after receipt of the application or, if applicable, within the time granted to the applicant to submit observations or documents, the interest provided for in the fourth paragraph of section 123.7 on the amount owing ceases to accrue until the decision is rendered. 2024, c. 15, s. 70.
Section 123.10Verify source
§ 123.11Section 123.11Offence

Source excerpt

A licence holder may contest a review decision confirming a monetary administrative penalty before the Administrative Tribunal of Québec within 60 days after notification.

123.11. A review decision that confirms the imposition of a monetary administrative penalty may be contested before the Administrative Tribunal of Québec by the licence holder to which the decision pertains within 60 days after notification of the review decision. The Tribunal may only confirm or quash a contested decision. When rendering its decision, the Tribunal may make a ruling with respect to interest accrued on the penalty while the matter was pending before it. 2024, c. 15, s. 70.
Section 123.11Verify source
§ 123.12Section 123.12Offence

Source excerpt

123.12. If the agency licence holder has defaulted on payment of a monetary administrative penalty, its directors and officers are solidarily liable with that licence holder for the payment of the penalty, unless they establish that they

123.12. If the agency licence holder has defaulted on payment of a monetary administrative penalty, its directors and officers are solidarily liable with that licence holder for the payment of the penalty, unless they establish that they exercised due care and diligence to prevent the failure. 2024, c. 15, s. 70.
Section 123.12Verify source
§ 123.13Section 123.13Offence

Source excerpt

A monetary administrative penalty is secured by a legal hypothec on the debtor’s movable and immovable property.

123.13. The payment of a monetary administrative penalty is secured by a legal hypothec on the debtor’s movable and immovable property. For the purposes of this division, “debtor” means the licence holder that is required to pay a monetary administrative penalty and, if applicable, each of its directors and officers who are solidarily liable with that licence holder for the payment of the penalty. 2024, c. 15, s. 70.
Section 123.13Verify source
§ 123.14Section 123.14Offence

Source excerpt

The debtor and the Organization may enter into a payment agreement for a monetary administrative penalty owing.

123.14. The debtor and the Organization may enter into a payment agreement with regard to a monetary administrative penalty owing. Such an agreement, or the payment of the amount owing, does not constitute, for the purposes of any other administrative penalty under this Act, an acknowledgement of the facts giving rise to it. 2024, c. 15, s. 70.
Section 123.14Verify source
§ 123.15Section 123.15Offence

Source excerpt

The Organization may issue a recovery certificate for an unpaid monetary administrative penalty or a breached payment agreement, and the certificate must list the debtor’s name, address, and debt amount.

123.15. If the monetary administrative penalty owing is not paid in its entirety or the payment agreement is not adhered to, the Organization may issue a recovery certificate on the expiry of the time for applying for a review of the decision to impose the penalty, on the expiry of the time for contesting the review decision before the Administrative Tribunal of Québec or on the expiry of 30 days after the final decision of the Tribunal confirming all or part of the decision to impose the penalty or the review decision, as applicable. However, a recovery certificate may be issued before the expiry of the time referred to in the first paragraph if the Organization is of the opinion that the debtor is attempting to evade payment. A recovery certificate must state the debtor’s name and address and the amount of the debt. 2024, c. 15, s. 70.
Section 123.15Verify source
§ 123.16Section 123.16Provision

Source excerpt

If a recovery certificate and a copy of the final debt decision are filed with the competent court, the decision becomes enforceable as if it were that court’s final judgment.

123.16. On the filing of the recovery certificate at the office of the competent court, together with a copy of the final decision stating the amount of the debt, the decision becomes enforceable as if it were a final judgment of that court not subject to appeal, and has all the effects of such a judgment. 2024, c. 15, s. 70.
Section 123.16Verify source
§ 123.17Section 123.17Provision

Source excerpt

The debtor must pay a recovery charge when and on the terms set by the Minister’s regulation.

123.17. The debtor is required to pay a recovery charge in the cases, under the conditions and in the amount determined by regulation of the Minister. 2024, c. 15, s. 70.
Section 123.17Verify source
§ 123.18Section 123.18Offence

Source excerpt

The Organization must keep a public register of monetary administrative penalties and include specified details about each penalty, related review and court proceedings, and other information it considers of public interest.

123.18. The Organization keeps a register relating to monetary administrative penalties. The register must contain at least the following information: (1) the date the penalty was imposed; (2) the date and nature of the failure, and the legislative provisions under which the penalty was imposed; (3) if the penalty was imposed on an agency, its name and the address of its head office or that of one of its establishments; (4) if the penalty was imposed on a natural person, the person’s name, the name of the municipality in whose territory the person resides and, if the failure occurred during the ordinary course of business of the person’s enterprise, the enterprise’s name and address; (5) the amount of the penalty imposed; (6) the date of receipt of an application for review and the date and conclusions of the decision; (7) the date a proceeding is brought before the Administrative Tribunal of Québec and the date and conclusions of the decision rendered by the Tribunal, as soon as the Organization is made aware of the information; (8) the date a proceeding is brought against the decision rendered by the Administrative Tribunal of Québec, the nature of the proceeding and the date and conclusions of the decision rendered by the court concerned, as soon as the Organization is made aware of the information; and (9) any other information the Organization considers of public interest. The information contained in the register is public information as of the time the decision imposing the penalty becomes final. 2024, c. 15, s. 70.
Section 123.18Verify source
§ 124Section 124Offence

Source excerpt

124. Unless otherwise specially provided, anyone who contravenes a provision of this Act commits an offence and is liable to a fine of not less than $2,500 nor more than $62,500 in the case of a natural person and to a fine of not less

124. Unless otherwise specially provided, anyone who contravenes a provision of this Act commits an offence and is liable to a fine of not less than $2,500 nor more than $62,500 in the case of a natural person and to a fine of not less than $3,500 nor more than $125,000 in any other case. 2008, c. 9, s. 124; 2018, c. 23, s. 477; 2025, c. 16, s. 134.
Section 124Verify source
§ 125Section 125Offence

Source excerpt

125. Anyone who contravenes section 2.1 or, without holding the licence required by law, in any manner whatsoever, enters into a real estate brokerage contract, claims to have the right to enter into such a contract or acts in such a way

125. Anyone who contravenes section 2.1 or, without holding the licence required by law, in any manner whatsoever, enters into a real estate brokerage contract, claims to have the right to enter into such a contract or acts in such a way as to lead to the belief that they are authorized to enter into such a contract, subject to sections 2 and 3 and to special authorizations granted by the Organization, commits an offence and is liable to a fine of not less than $3,000 nor more than $150,000 in the case of a natural person and to a fine of not less than $5,000 nor more than $200,000 in any other case. For the purposes of the first paragraph, if the prosecuting party proves that the defendant was a party to a real estate brokerage contract as an intermediary, the defendant is presumed to have bound himself, herself or itself in exchange for remuneration. 2008, c. 9, s. 125; 2013, c. 18, s. 45; 2018, c. 23, s. 478; 2025, c. 16, s. 134.
Section 125Verify source
§ 125.1Section 125.1Offence

Source excerpt

The Government may identify regulation provisions whose breach is an offence and set the minimum and maximum fine amounts, subject to section 125.

125.1. Despite sections 124 and 125, the Government may determine the provisions of a regulation made under this Act whose contravention constitutes an offence and renders the offender liable to a fine the minimum and maximum amounts of which are set by the Government. The maximum penalties set under the first paragraph may vary according to the seriousness of the offence, without exceeding those prescribed in section 125. 2025, c. 16, s. 134.
Section 125.1Verify source
§ 125.2Section 125.2Offence

Source excerpt

Certain officers or representatives who knowingly authorize, encourage, advise, or allow an offence under section 124, 125, or a regulation are liable to the same penalties as the principal offender.

125.2. A director, executive officer, mandatary or representative of the principal offender who committed an offence under section 124 or 125 or a regulation who has knowingly authorized, encouraged, advised or allowed the commission of the offence is liable to the same penalties as the principal offender. 2025, c. 16, s. 134.
Section 125.2Verify source
§ 125.3Section 125.3Offence

Source excerpt

Fines under sections 124 or 125, or set by regulation, are doubled for a second or later offence.

125.3. The amounts of the fines prescribed in sections 124 or 125 or by regulation are doubled for a second or subsequent offence. 2025, c. 16, s. 134.
Section 125.3Verify source
§ 125.4Section 125.4Offence

Source excerpt

When setting a fine, the court considers the injury caused by the offence and the benefits derived from it.

125.4. In determining the amount of a fine, the court considers such factors as the injury suffered as a result of and the benefits derived from the offence. 2025, c. 16, s. 134.
Section 125.4Verify source
§ 126Section 126Offence

Source excerpt

The Organization may institute proceedings for an offence under this Act, and if it takes charge of the prosecution, the fine belongs to the Organization.

126. Proceedings for an offence under this Act may be instituted by the Organization. When the Organization takes charge of the prosecution, the fine imposed to punish the offence belongs to the Organization. 2008, c. 9, s. 126; 2025, c. 16, s. 135.
Section 126Verify source
§ 127Section 127Offence

Source excerpt

Penal proceedings for an offence under this Act are prescribed three years after the Organization opens the investigation record, but they cannot be instituted more than five years after the offence date.

127. Penal proceedings for an offence under this Act are prescribed three years from the date on which the investigation record relating to the offence was opened by the Organization. However, no proceedings may be instituted if more than five years have elapsed since the date of the offence. A certificate of the secretary of the Organization stating the date on which the investigation record was opened constitutes conclusive proof of that date in the absence of any evidence to the contrary. 2008, c. 9, s. 127; 2013, c. 18, s. 46; 2025, c. 16, s. 136.
Section 127Verify source
§ 128Section 128Offence

Source excerpt

If the respondent keeps committing the offence during the proceedings, the Attorney General or an authorized Organization may seek an interlocutory injunction in the Superior Court.

128. If the respondent continues to commit or again commits the offence during the proceedings, the Attorney General, or the Organization with the Attorney General’s authorization, may apply to the Superior Court for an interlocutory injunction enjoining the person and, if applicable, its directors, executive officers, mandataries or representatives to cease committing the alleged offence until final judgment is pronounced in the penal proceedings. After pronouncing the judgment in the penal proceedings, the Superior Court itself renders final judgment on the application for the interlocutory injunction. The Attorney General or the Organization is dispensed from the obligation to give security. In every other respect, the provisions of the Code of Civil Procedure (chapter C-25.01) concerning interlocutory injunctions apply. 2008, c. 9, s. 128; I.N. 2016-01-01 (NCCP).
Section 128Verify source
§ 129Section 129Provision

Source excerpt

The Minister determines which brokerage contracts and related acts in brokerage transactions must be evidenced on a mandatory form.

129. The Minister determines the brokerage contracts and other acts relating to brokerage transactions that must be evidenced on a mandatory form. 2008, c. 9, s. 129; 2018, c. 23, s. 480.
Section 129Verify source
§ 129.1Section 129.1Provision

Source excerpt

The Organization must prepare mandatory forms for certain contracts and other acts, submit them to the Minister for approval, post them on its website when they come into force, make them available to licence holders, and determine by regulation how they must be completed.

129.1. The Organization prepares the mandatory forms for the contracts and other acts determined by the Minister under section 129. The forms so prepared are submitted to the Minister for approval. They come into force on the date of their publication in the Gazette officielle du Québec or on any later date determined by the Minister. The Organization posts the forms on its website on their date of coming into force and makes them available to licence holders. The Organization also determines, by regulation, the manner in which the forms must be completed. 2018, c. 23, s. 480; 2024, c. 15, s. 116.
Section 129.1Verify source
§ 129.2Section 129.2Provision

Source excerpt

The Minister may prepare a form if the Organization does not do so within the time specified by the Minister.

129.2. The Minister may prepare a form if the Organization fails to do so within the time specified by the Minister. 2018, c. 23, s. 480.
Section 129.2Verify source
§ 130Section 130Provision

Source excerpt

Organization regulations must be submitted to the Government for approval, except internal by-laws.

130. All regulations of the Organization, except internal by-laws, must be submitted to the Government for approval with or without amendments. 2008, c. 9, s. 130.
Section 130Verify source
§ 131Section 131Repeal

Source excerpt

Section 131 is repealed.

131. (Repealed). 2008, c. 9, s. 131; 2018, c. 23, s. 481.
Section 131Verify source
§ 132Section 132Provision

Source excerpt

The Organization must bear the Government’s annual administration costs for this Act, as determined each year by the Government.

132. The costs incurred by the Government for the administration of this Act, as determined each year by the Government, are borne by the Organization. 2008, c. 9, s. 132; 2018, c. 23, s. 482.
Section 132Verify source
§ 133Section 133Provision

Source excerpt

No judicial proceedings may be brought for acts done in good faith in the exercise of the listed persons’ or bodies’ functions.

133. No judicial proceedings may be brought against the Organization, its directors, or executive officers, the syndic, the assistant syndics, an ad hoc syndic, the persons the Organization authorizes to act on its behalf, the committees established under this Act or the members of those committees for acts in good faith in the exercise of their functions. 2008, c. 9, s. 133; 2013, c. 18, s. 47.
Section 133Verify source
§ 134Section 134Provision

Source excerpt

134. The answers given or statements made by the person who requested an investigation or by a broker’s licence holder or a director or executive officer of an agency licence holder, and the documents prepared or obtained in the course of

134. The answers given or statements made by the person who requested an investigation or by a broker’s licence holder or a director or executive officer of an agency licence holder, and the documents prepared or obtained in the course of conciliation, mediation or arbitration may not be used nor are they admissible as evidence against a broker’s licence holder or a director or executive officer of an agency licence holder in judicial or quasi-judicial proceedings other than a hearing before the discipline committee into an allegation that the licence holder, including the licence holder’s director or executive officer, knowingly gave a false answer, made a false statement or produced a false document with the intent to mislead. The members of the committees appointed under this Act, the syndic and the assistant syndics may not be compelled to disclose anything learned by them in the exercise of their functions. The same applies to conciliators, mediators or arbitrators, as well as to the persons who assist them during the settlement of a dispute, in respect of anything learned by them within that process. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may have access to a document in a conciliation, mediation or arbitration record. 2008, c. 9, s. 134; 2013, c. 18, s. 48; 2018, c. 23, s. 483.
Section 134Verify source
§ 135Section 135Provision

Source excerpt

A sworn declaration filed by a member of the Organization’s personnel is proof of the signatory’s signature and authority in court.

135. A sworn declaration filed by a member of the Organization’s personnel is proof, before a court of justice, of the signature and authority of the signatory. 2008, c. 9, s. 135.
Section 135Verify source
§ 136Section 136Provision

Source excerpt

The Minister and the Organization may intervene in relevant civil proceedings on their own initiative and without notice.

136. The Minister and the Organization may, on their own initiative and without notice, intervene in any civil proceedings relating to a provision of this Act to take part in the trial as if they were a party. 2008, c. 9, s. 136; I.N. 2016-01-01 (NCCP).
Section 136Verify source
§ 137Section 137Provision

Source excerpt

137. (Omitted). 2008, c. 9, s. 137.

137. (Omitted). 2008, c. 9, s. 137.
Section 137Verify source
§ 138Section 138Amendment

Source excerpt

This section states that an amendment is integrated into c. D-9.2, section 100, and notes the 2008 citation.

138. (Amendment integrated into c. D-9.2, s. 100). 2008, c. 9, s. 138.
Section 138Verify source
§ 139Section 139Provision

Source excerpt

Section 139 is omitted.

139. (Omitted). 2008, c. 9, s. 139.
Section 139Verify source
§ 140Section 140Amendment

Source excerpt

This section notes that an amendment was integrated into another provision.

140. (Amendment integrated into c. D-9.2, s. 143). 2008, c. 9, s. 140.
Section 140Verify source
§ 141Section 141Provision

Source excerpt

141. (Omitted). 2008, c. 9, s. 141.

141. (Omitted). 2008, c. 9, s. 141.
Section 141Verify source
§ 142Section 142Provision

Source excerpt

Section 142 is omitted.

142. (Omitted). 2008, c. 9, s. 142.
Section 142Verify source
§ 143Section 143Provision

Source excerpt

On 1 May 2010, the Association des courtiers et agents immobiliers du Québec becomes the Organisme d’autoréglementation du courtage immobilier du Québec.

143. The Association des courtiers et agents immobiliers du Québec becomes the Organisme d’autoréglementation du courtage immobilier du Québec on 1 May 2010. 2008, c. 9, s. 143.
Section 143Verify source
§ 144Section 144Provision

Source excerpt

An investigation opened by the syndic on or before 30 April 2010 is governed by the legislation in force when it was opened.

144. An investigation opened by the syndic of the Association des courtiers et agents immobiliers du Québec on or before 30 April 2010 is governed by the legislation in force on the date on which it was opened. 2008, c. 9, s. 144.
Section 144Verify source
§ 145Section 145Provision

Source excerpt

Some complaints stay under the older legislation if the discipline committee had already seized them by 30 April 2010; if a complaint had not yet started to be heard by that date, it is heard under this Act’s discipline committee rules.

145. A complaint of which the discipline committee of the Association des courtiers et agents immobiliers du Québec was seized on or before 30 April 2010 is continued in accordance with the legislation in force on the date on which the discipline committee was seized of it. However, if a complaint, including any preliminary exception, has not yet begun to be heard on or before 30 April 2010, it is heard by, and in accordance with the operating rules of, the discipline committee appointed under this Act. 2008, c. 9, s. 145; 2009, c. 25, s. 116.
Section 145Verify source
§ 146Section 146Provision

Source excerpt

Some certificate holders are deemed to hold a real estate broker’s licence, and an affiliated real estate agent may act on their own account only after meeting Organization-set qualification requirements.

146. A natural person who, on 1 May 2010, holds a real estate agent’s certificate or a real estate broker’s certificate issued by the Association des courtiers et agents immobiliers du Québec under the Real Estate Brokerage Act (chapter C-73.1) is deemed to hold a real estate broker’s licence. A person holding an affiliated real estate agent’s certificate may act on the person’s own account only after meeting the qualification requirements set by the Organization. 2008, c. 9, s. 146; 2018, c. 23, s. 484.
Section 146Verify source
§ 147Section 147Provision

Source excerpt

A person or partnership meeting the stated certificate-and-intermediary conditions is deemed to hold a real estate agency licence.

147. A person or partnership that, on 1 May 2010, holds a real estate broker’s certificate issued by the Association des courtiers et agents immobiliers du Québec under the Real Estate Brokerage Act (chapter C-73.1) and acts through the intermediary of a natural person holding a real estate broker’s or real estate agent’s certificate is deemed to hold a real estate agency licence. 2008, c. 9, s. 147; 2013, c. 18, s. 49; 2018, c. 23, s. 485.
Section 147Verify source
§ 148Section 148Provision

Source excerpt

Certain firms and representatives may apply for a mortgage broker’s licence or a mortgage agency’s licence if they do so within 12 months after sections 137 and 139 come into force.

148. Firms, independent partnerships and their insurance or securities representatives and independent representatives governed by the Act respecting the distribution of financial products and services (chapter D-9.2) that are authorized to engage in brokerage transactions relating to loans secured by immovable hypothec at the date of coming into force of sections 137 and 139 are entitled to be issued a mortgage broker’s licence or a mortgage agency’s licence, as applicable, under this Act, provided the application is made within 12 months following that date. 2008, c. 9, s. 148; 2013, c. 18, s. 50.
Section 148Verify source
§ 149Section 149Provision

Source excerpt

The regulator may refuse, suspend, revoke, or place conditions or restrictions on a licence if the applicant or licence holder previously contravened the specified Act in certain brokerage transactions.

149. The Organisme d’autoréglementation du courtage immobilier du Québec, established by section 31, may refuse to issue a licence or may suspend, revoke or impose restrictions or conditions on a licence if the applicant or licence holder, as applicable, contravened the Act respecting the distribution of financial products and services (chapter D-9.2), prior to the date of coming into force of sections 137 and 139, in the course of brokerage transactions relating to loans secured by immovable hypothec. Sections 41 to 44 apply for the purposes of the previous paragraph, with the necessary modifications. 2008, c. 9, s. 149.
Section 149Verify source
§ 150Section 150Substitution

Source excerpt

The Organization replaces the fund and takes over its rights and obligations.

150. The Organization is substituted for the Fonds d’indemnisation du courtage immobilier constituted by section 9.14 of the Real Estate Brokerage Act (chapter C-73) and continued by section 44 of this Act. The Organization acquires the rights and assumes the obligations of that fund. 2008, c. 9, s. 150.
Section 150Verify source
§ 151Section 151Provision

Source excerpt

Employees of the Fonds d’indemnisation du courtage immobilier who were in office on 1 May 2010 become employees of the Organization without further formality.

151. The employees of the Fonds d’indemnisation du courtage immobilier in office on 1 May 2010 become, without further formality, employees of the Organization. They hold the position and exercise the functions assigned to them by the Organization. 2008, c. 9, s. 151.
Section 151Verify source
§ 152Section 152Provision

Source excerpt

152. The files, records and other documents of the Fonds d’indemnisation du courtage immobilier become files, records and documents of the Organization. 2008, c. 9, s. 152.

152. The files, records and other documents of the Fonds d’indemnisation du courtage immobilier become files, records and documents of the Organization. 2008, c. 9, s. 152.
Section 152Verify source
§ 153Section 153Provision

Source excerpt

The Organization continues the current business of the Fonds d’indemnisation du courtage immobilier.

153. The current business of the Fonds d’indemnisation du courtage immobilier is continued by the Organization. 2008, c. 9, s. 153.
Section 153Verify source
§ 154Section 154Provision

Source excerpt

The Organization becomes a party to proceedings formerly involving the Fonds d’indemnisation du courtage immobilier, and this happens without continuance of suit.

154. The Organization becomes, without continuance of suit, a party to any proceedings to which the Fonds d’indemnisation du courtage immobilier was a party. 2008, c. 9, s. 154.
Section 154Verify source
§ 155Section 155Provision

Source excerpt

Sections 105 to 107 apply to indemnification for certain fraud, fraudulent tactics, or embezzlement involving a mortgage broker, and the Organization may recover the amount from the financial services indemnification fund.

155. Sections 105 to 107 apply with regard to the indemnification of victims of fraud, fraudulent tactics or embezzlement for which a mortgage broker is responsible, where the act was committed before the date of coming into force of sections 137 and 139 in the course of brokerage transactions relating to loans secured by immovable hypothec under the Act respecting the distribution of financial products and services (chapter D-9.2). The Organization may recover the amount from the Fonds d’indemnisation des services financiers, established by section 258 of that Act. 2008, c. 9, s. 155.
Section 155Verify source
§ 156Section 156Provision

Source excerpt

156. (Omitted). 2008, c. 9, s. 156.

156. (Omitted). 2008, c. 9, s. 156.
Section 156Verify source
§ 157Section 157Provision

Source excerpt

The Government may make a regulation to prescribe transitional measures for this Act, but only within 12 months after this section comes into force.

157. The Government may, by a regulation made within 12 months after the coming into force of this section, prescribe transitional measures for the purposes of this Act. 2008, c. 9, s. 157.
Section 157Verify source
§ 158Section 158Provision

Source excerpt

158. (Omitted). 2008, c. 9, s. 158.

158. (Omitted). 2008, c. 9, s. 158.
Section 158Verify source
§ 159Section 159Provision

Source excerpt

The Minister may delegate administration-related functions and powers, and may authorize subdelegation in the delegation instrument.

159. The Minister may delegate to any person or body functions and powers relating to the administration of this Act, including those conferred by sections 64, 68, 69, 113, 115, 117 to 123 and 136. The Minister may, in the instrument of delegation, authorize the subdelegation of specified functions and powers; in such a case, the Minister identifies the person or body to whom or which the subdelegation may be made. 2008, c. 9, s. 159.
Section 159Verify source
§ 160Section 160Repeal

Source excerpt

Section 160 is repealed.

160. (Repealed). 2008, c. 9, s. 160; 2026, c. 5, s. 358.
Section 160Verify source
§ 161Section 161Provision

Source excerpt

The Minister of Finance is responsible for administering this Act.

161. The Minister of Finance is responsible for the administration of this Act. Not in force However, the Government designates the Minister responsible for the administration of paragraph 14 of section 3 and section 129. The designated Minister may delegate to any person or body powers relating to the administration of those provisions of this Act. 2008, c. 9, s. 161.
Section 161Verify source
§ 162Section 162Provision

Source excerpt

162. (Omitted). 2008, c. 9, s. 162.

162. (Omitted). 2008, c. 9, s. 162.
Section 162Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Civil Code

    Section 23

  • Division VIII of Chapter IV of the Professional Code

    Section 43

  • Finance is responsible for administering this Act

    Section 161

G–M

1 instrument

  • Insurers Act

    Sections 52, 53.1

N–S

5 instruments

  • Organization under section 38 must be served immediately on the licence holder in accordance with the Code

    Section 39

  • Organization’s affairs when the Minister considers it appropriate for carrying out the Act

    Section 113

  • Penal Procedure. 36. The Organization may make a search in accordance with the Code

    Section 36

  • Québec under subdivision 5 of Division VII of Chapter IV of the Professional Code

    Section 100

  • Superior Court for an injunction in respect of any matter relating to this Act

    Sections 35, 122

T–Z

1 instrument

  • Tax Administration Act

    Section 123.7

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