C-73.2 - Real Estate Brokerage Act

Section 46 Disposition versions

2020-05-01

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(13)  (paragraph repealed);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.

2018-07-13

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.

Until 30 April 2020,

section 46, amended by section 437, is to be read as if

i. “in section 3.1” in paragraph 8 were replaced by “in sections 2.0.1 and 3.1”;

ii. the following paragraph were inserted after paragraph 11:

“(11.1) the brokerage transactions relating to loans secured by immovable hypothec that, following a special authorization, may be engaged in on an ad hoc basis or occasionally, the persons, partnerships or groups of persons or partnerships, other than brokers and agencies, that may engage in such transactions and the terms and conditions governing and the fees chargeable for such transactions;”.

S.Q. 2018, c. 23, s. 486.

2013-06-14

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 or an executive officer of an agency and the examination to be taken by prospective brokers or executive officers;

(2)  rules governing additional training, including the specific circumstances under which such training is compulsory for all or some of an agency’s brokers or executive officers;

(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 brokers and to executive officers of an agency;

(6)  the information and documents to be provided by a prospective broker, a broker or an agency;

(7)  the particulars a licence must contain;

(8)  the requirements to be met in order to engage in a brokerage transaction described in section 1;

(9)  the nature, form and tenor of the records, books and registers that must be kept by brokers and agencies, 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 brokerage transactions that, with special authorization, may be engaged in occasionally or from time to time, the persons, partnerships or groups of persons or partnerships, other than brokers and agencies, that may engage in such transactions and the terms and conditions governing and the fees chargeable for such transactions;

(12)  the qualifications required of executive officers of an agency;

(13)  the form of contracts or forms, other than a contract referred to in section 26, how and when they may be used, the particulars and stipulations which must or must not appear in certain contracts or forms and those that supplement intention;

(14)  the activities that brokers and agencies 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 fee that must be paid by brokers and agencies 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 that fee.

2008, c. 9, s. 46; 2009, c. 58, s. 145; 2013, c. 18, s. 29.

2010-05-01

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 and the examination to be taken by prospective brokers;

(2)  rules governing additional training, including the specific circumstances under which such training is compulsory for all or some of an agency’s brokers or executive officers;

(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 brokers and to executive officers of an agency;

(6)  the information and documents to be provided by a prospective broker, a broker or an agency;

(7)  the particulars a licence must contain;

(8)  the requirements to be met in order to engage in a brokerage transaction described in section 1;

(9)  the nature, form and tenor of the records, books and registers that must be kept by brokers and agencies, 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 brokerage transactions that, with special authorization, may be engaged in occasionally or from time to time, the persons, partnerships or groups of persons or partnerships, other than brokers and agencies, that may engage in such transactions and the terms and conditions governing and the fees chargeable for such transactions;

(12)  the qualifications required of executive officers of an agency;

(13)  the form of contracts or forms, other than a contract referred to in section 26, how and when they may be used, the particulars and stipulations which must or must not appear in certain contracts or forms and those that supplement intention;

(14)  the activities that brokers and agencies 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 fee that must be paid by brokers and agencies 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 that fee.

2008, c. 9, s. 46; 2009, c. 58, s. 145.