C-73 - Real Estate Brokerage Act

Section 20 Disposition versions

1989-02-01

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal or reinstatement, the conditions he must comply with, the financial statements, the information and the documents he must produce, the courses and professional training programs he shall take, the case where he shall undergo an examination and the fees he must pay;

(a.1)  classes of broker’s permits and of registration certificates, in order to determine the amount, the form, the terms and conditions of the professional insurance contract to be supplied by every applicant for a broker’s permit or registration certificate or its renewal;

(b)  the form and tenor of applications for permits and registration certificates or applications for renewal;

(b.1)  the classes of permits or registration certificates, in order to establish their conditions of issue or renewal or their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or real estate agent may engage in;

(f)  the information and documents that a broker, registered builder or real estate agent must give to the parties to any real estate transaction;

(g)  the advertising and representations of brokers, registered builders and agents;

(g.1)  the obligations of brokers, registered builders and agents with respect to the truthfulness of their representations;

(h)  the documents to which the signature of the Superintendent may be affixed by means of an automatic device and those on which a facsimile of his signature may be engraved, lithographed or printed and the conditions on which it may be so reproduced;

(i)  the cases where the facsimile of the Superintendent’s signature has the same force as the original without being countersigned;

(j)  the form and the minimum content of the real estate brokerage contract covered by Division III.1 after consultation with the Association de l’Immeuble du Québec;

(k)  the value of the bank balance of a trust account in excess of which a security is exigible from a broker or registered builder;

(l)  the amount, the form and the terms and conditions of the security to be provided by every person applying for a broker’s permit or registration certificate or the renewal thereof, according to the amounts he has held or intends to hold in a trust account;

(m)  the cases where a person applying for a broker’s permit or registration certificate or the renewal thereof shall provide an auditor’s report of the accounting of its trust account transactions, and the content and form of the report and the period it shall cover;

(n)  the terms and conditions applicable to claims made to and indemnities paid by the fund, such terms and conditions varying according as the claim or indemnity pertains to fraud or a fraudulent transaction, or to an embezzlement of funds or other property that must be deposited in a trust account in accordance with this Act;

(n.1)  the maximum amount of the indemnities the fund may pay with regard to the same claim, such maximum amount varying according as the claim pertains to fraud or a fraudulent transaction, or to an embezzlement of funds or other property that must be deposited in a trust account in accordance with this Act;

(n.2)  the rules governing the administration and investment of the amounts constituting the fund;

(o)  the contributions to the fund, and the terms and conditions of payment thereof, made by a person applying for a permit or a registration certificate or the renewal thereof, and the classes of permits and registration certificates for the purpose of fixing the contributions to be paid upon the establishment of the fund;

(p)  special contributions to the fund, and the terms and conditions of payment thereof, made by every person holding a permit or a registration certificate in force when the amount constituting the fund is less than the minimum amount fixed;

(q)  the conditions enabling the Minister to authorize the fund to use the interest yielded on the sums of money constituting it for the purposes of research, training and information in the field of real estate brokerage or in related activities.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12; 1983, c. 26, s. 12, s. 14; 1984, c. 47, s. 61; 1985, c. 34, s. 229; 1987, c. 101, s. 1; 1985, c. 34, s. 229.

1987-12-18

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal, the conditions he must comply with, the financial statements and information and documents he must produce, the terms of the security he must furnish or the deposit that may be made in lieu thereof, the professional training courses or programs he must follow, the cases in which he must undergo examinations and the fees he must pay;

(a.1)  classes of broker’s permits and of registration certificates, in order to determine the amount, the form, the terms and conditions of the professional insurance contract to be supplied by every applicant for a broker’s permit or registration certificate or its renewal;

(b)  the form and tenor of applications for permits and registration certificates or applications for renewal;

(b.1)  the classes of permits or registration certificates, in order to establish their conditions of issue or renewal or their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or real estate agent may engage in;

(f)  the information and documents that a broker, registered builder or real estate agent must give to the parties to any real estate transaction;

(g)  the advertising and representations of brokers, registered builders and agents;

(g.1)  the obligations of brokers, registered builders and agents with respect to the truthfulness of their representations;

(h)  the documents to which the signature of the Superintendent may be affixed by means of an automatic device and those on which a facsimile of his signature may be engraved, lithographed or printed and the conditions on which it may be so reproduced;

(i)  the cases where the facsimile of the Superintendent’s signature has the same force as the original without being countersigned;

(j)  the form and the minimum content of the real estate brokerage contract covered by Division III.1 after consultation with the Association de l’Immeuble du Québec;

(k)  the value of the bank balance of a trust account in excess of which a security is exigible from a broker or registered builder;

(l)  the amount, the form and the terms and conditions of the security to be provided by every person applying for a broker’s permit or registration certificate or the renewal thereof, according to the amounts he has held or intends to hold in a trust account;

(m)  the cases where a person applying for a broker’s permit or registration certificate or the renewal thereof shall provide an auditor’s report of the accounting of its trust account transactions, and the content and form of the report and the period it shall cover;

(n)  the terms and conditions applicable to claims made to and indemnities paid by the fund, such terms and conditions varying according as the claim or indemnity pertains to fraud or a fraudulent transaction, or to an embezzlement of funds or other property that must be deposited in a trust account in accordance with this Act;

(n.1)  the maximum amount of the indemnities the fund may pay with regard to the same claim, such maximum amount varying according as the claim pertains to fraud or a fraudulent transaction, or to an embezzlement of funds or other property that must be deposited in a trust account in accordance with this Act;

(n.2)  the rules governing the administration and investment of the amounts constituting the fund;

(o)  the contributions to the fund, and the terms and conditions of payment thereof, made by a person applying for a permit or a registration certificate or the renewal thereof, and the classes of permits and registration certificates for the purpose of fixing the contributions to be paid upon the establishment of the fund;

(p)  special contributions to the fund, and the terms and conditions of payment thereof, made by every person holding a permit or a registration certificate in force when the amount constituting the fund is less than the minimum amount fixed;

(q)  the conditions enabling the Minister to authorize the fund to use the interest yielded on the sums of money constituting it for the purposes of research, training and information in the field of real estate brokerage or in related activities.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12; 1983, c. 26, s. 12, s. 14; 1984, c. 47, s. 61; 1985, c. 34, s. 229; 1987, c. 101, s. 1.

1985-10-31

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal, the conditions he must comply with, the financial statements and information and documents he must produce, the terms of the security he must furnish or the deposit that may be made in lieu thereof, the professional training courses or programs he must follow, the cases in which he must undergo examinations and the fees he must pay;

(a.1)  classes of broker’s permits and of registration certificates, in order to determine the amount, the form, the terms and conditions of the professional insurance contract to be supplied by every applicant for a broker’s permit or registration certificate or its renewal;

(b)  the form and tenor of applications for permits and registration certificates or applications for renewal;

(b.1)  the classes of permits or registration certificates, in order to establish their conditions of issue or renewal or their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or real estate agent may engage in;

(f)  the information and documents that a broker, registered builder or real estate agent must give to the parties to any real estate transaction;

(g)  the advertising and representations of brokers, registered builders and agents;

(g.1)  the obligations of brokers, registered builders and agents with respect to the truthfulness of their representations;

(h)  the documents to which the signature of the Superintendent may be affixed by means of an automatic device and those on which a facsimile of his signature may be engraved, lithographed or printed and the conditions on which it may be so reproduced;

(i)  the cases where the facsimile of the Superintendent’s signature has the same force as the original without being countersigned;

(j)  the form and the minimum content of the real estate brokerage contract covered by Division III.1 after consultation with the Association de l’Immeuble du Québec;

(k)  the value of the bank balance of a trust account in excess of which a security is exigible from a broker or registered builder;

(l)  the amount, the form and the terms and conditions of the security to be provided by every person applying for a broker’s permit or registration certificate or the renewal thereof, according to the amounts he has held or intends to hold in a trust account;

(m)  the cases where a person applying for a broker’s permit or registration certificate or the renewal thereof shall provide an auditor’s report of the accounting of its trust account transactions, and the content and form of the report and the period it shall cover;

(n)  the terms and conditions of the claims and indemnities, and the rules governing the administration and investment of the amounts constituting the fund;

(o)  the contributions to the fund, and the terms and conditions of payment thereof, made by a person applying for a permit or a registration certificate or the renewal thereof, and the classes of permits and registration certificates for the purpose of fixing the contributions to be paid upon the establishment of the fund;

(p)  special contributions to the fund, and the terms and conditions of payment thereof, made by every person holding a permit or a registration certificate in force when the amount constituting the fund is less than the minimum amount fixed;

(q)  the conditions enabling the Minister to authorize the fund to use the interest yielded on the sums of money constituting it for the purposes of research, training and information in the field of real estate brokerage or in related activities.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12; 1983, c. 26, s. 12, s. 14; 1984, c. 47, s. 61; 1985, c. 34, s. 229.

1984-12-21

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal, the conditions he must comply with, the financial statements and information and documents he must produce, the terms of the security he must furnish or the deposit that may be made in lieu thereof, the professional training courses or programs he must follow, the cases in which he must undergo examinations and the fees he must pay;

(a.1)  classes of broker’s permits and of registration certificates, in order to determine the amount, the form, the terms and conditions of the professional insurance contract to be supplied by every applicant for a broker’s permit or registration certificate or its renewal;

(b)  the form and tenor of applications for permits and registration certificates or applications for renewal;

(b.1)  the classes of permits or registration certificates, in order to establish their conditions of issue or renewal or their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or real estate agent may engage in;

(f)  the information and documents that a broker, registered builder or real estate agent must give to the parties to any real estate transaction;

(g)  the advertising and representations of brokers, registered builders and agents;

(g.1)  the obligations of brokers, registered builders and agents with respect to the truthfulness of their representations;

(h)  the documents to which the signature of the Superintendent may be affixed by means of an automatic device and those on which a facsimile of his signature may be engraved, lithographed or printed and the conditions on which it may be so reproduced;

(i)  the cases where the facsimile of the Superintendent’s signature has the same force as the original without being countersigned.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12; 1983, c. 26, s. 12, s. 14; 1984, c. 47, s. 61.

1983-06-22

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal, the conditions he must comply with, the financial statements and information he must produce, the terms of the security he must furnish or the deposit that may be made in lieu thereof, the examinations he must undergo and the fees he must pay;

(b)  the form and tenor of applications for permits and registration certificates or applications for renewal;

In force: 1983-09-01

(b.1)  the classes of permits or registration certificates, in order to establish their conditions of issue or renewal or their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or real estate agent may engage in;

(f)  the information and documents that a broker, registered builder or real estate agent must give to the parties to any real estate transaction;

(g)  the advertising of brokers and registered builders;

(h)  the documents to which the signature of the Superintendent may be affixed by means of an automatic device and those on which a facsimile of his signature may be engraved, lithographed or printed and the conditions on which it may be so reproduced;

(i)  the cases where the facsimile of the Superintendent’s signature has the same force as the original without being countersigned.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12; 1983, c. 26, s. 12, s. 14.

1977-12-31

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal, the conditions he must comply with, the financial statements and information he must produce, the terms of the security he must furnish or the deposit that may be made in lieu thereof, the examinations he must undergo and the fees he must pay;

(b)  the form of applications for permits and certificates, of permits and certificates, and their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or salesman may engage in;

(f)  the information and documents that a broker, registered builder or salesman must give to the parties to any real estate transaction;

(g)  the advertising of brokers and registered builders.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12.