c-73.1 - Real Estate Brokerage Act

Updated to 4 December 2009

This document has official status.

chapter C-73.1

Real Estate Brokerage Act

CHAPTER I SCOPE

1. For the purposes of this Act, a person who, for compensation and for others, engages in a brokerage transaction relating either to the purchase, sale, lease or exchange of immovable property, to promises to purchase or sell immovable property, to the purchase or sale of such promises, to a loan secured by immovable hypothec, to the purchase or sale of an enterprise, to promises of purchase or sale of an enterprise or to the purchase or sale of such promises, except a transaction involving a derivative within the meaning of the Derivatives Act (chapter I-14.01) or a transaction involving a security within the meaning of the Securities Act (chapter V-1.1), is pursuing the activity of real estate broker.

1991, c. 37, s. 1; 1999, c. 40, s. 95; 2009, c. 58, s. 49.

2. The following persons are not subject to this Act, unless they use a title the use of which is restricted:

(1)  advocates and notaries who, in the course of their practice, engage in a transaction mentioned in section 1;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs who, in the performance of their duties, engage in a transaction mentioned in section 1;

(3)  tutors, curators, liquidators of a succession, trustees and fiduciaries who, in the performance of their duties, engage in a transaction mentioned in section 1;

(4)  forest engineers, with regard to a transaction mentioned in section 1 relating to forest property or timber limits;

(5)  authorized members of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26), with regard to a loan secured by hypothec or to the purchase or sale of an enterprise, promises of purchase or sale of an enterprise or the purchase or sale of such promises;

(6)  chartered administrators, with regard to immovable property managed by them, when leasing such property or engaging in a transaction relating to a loan secured by hypothec;

(7)  receivers appointed under the Act respecting the Autorité des marchés financiers (chapter A-33.2);

(8)  trust companies with regard to immovable property held or managed by them for others;

(9)  banks, savings and credit unions, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies with regard to loans secured by a hypothec in their own names or their client’s name;

(10)  any employee who, in the course of his principal occupation, engages in a transaction mentioned in section 1 on behalf of his employer when the latter is not a broker.

1991, c. 37, s. 2; 1994, c. 40, s. 457; 1999, c. 40, s. 95; 2000, c. 29, s. 722; 2009, c. 58, s. 50.

CHAPTER II REAL ESTATE BROKERAGE

DIVISION I PRACTICE

3. No person may pursue the activity of real estate broker or use the title of real estate broker unless he is the holder of a real estate broker’s certificate issued by the Association des courtiers et agents immobiliers du Québec.

1991, c. 37, s. 3.

4. A real estate broker’s certificate shall be issued to any person or partnership meeting the conditions prescribed by this Act or by a regulation thereunder.

1991, c. 37, s. 4.

5. A real estate broker must, in the manner prescribed in the by-laws of the Association, take out civil liability insurance or, in the cases prescribed in the by-laws of the Association, provide security or a guarantee in lieu thereof.

On the other hand, if an insurance fund has been established, the broker must pay the insurance premium prescribed by a by-law of the Association.

1991, c. 37, s. 5; 2004, c. 37, s. 53.

6. The certificate of a real estate broker who fails to comply with the provisions of section 5 is suspended by operation of law.

The broker whose certificate is thus suspended may, subject to the conditions prescribed in the by-laws of the Association, obtain the reinstatement of his certificate once he again complies with the provisions of the said section.

1991, c. 37, s. 6.

7. No partnership or legal person may be the holder of a real estate broker’s certificate unless it is represented for the purposes of this Act by a natural person having the qualifications required to hold a real estate broker’s certificate and who devotes himself on a full-time basis to the activities of the undertaking concerned.

1991, c. 37, s. 7.

8. The bankruptcy of the natural person referred to in section 7 disqualifies him from acting as the representative of a partnership or a legal person until his discharge.

1991, c. 37, s. 8.

9. The certificate of a partnership or legal person that fails to comply with the provisions of section 7 for more than 60 consecutive days is suspended by operation of law.

The real estate broker whose certificate is thus suspended may, subject to the conditions prescribed in the by-laws of the Association, obtain the reinstatement of his certificate once he again complies with the provisions of the said section.

1991, c. 37, s. 9.

10. The certificate of a real estate broker who is bankrupt ceases to have effect.

1991, c. 37, s. 10; 1999, c. 40, s. 95.

11. Any sum of money received on behalf of others by a broker in the course of his duties must be deposited into a trust account, in the manner prescribed in the by-laws of the Association.

Interest generated by the sums of money held in trust, unless claimed by the client, must be paid into the financing fund established under the second paragraph of section 74, on the conditions and in the manner prescribed in the by-laws of the Association.

1991, c. 37, s. 11.

12. Any agreement authorizing a broker to take his compensation out of funds held in trust by him is without effect.

1991, c. 37, s. 12; 1999, c. 40, s. 95.

13. Every establishment must be managed by a natural person having the qualifications required of a person to hold a broker’s certificate. That person must, in the cases prescribed in the by-laws of the Association, devote himself exclusively to his managerial duties.

In each establishment, there must be one natural person who possesses the aforementioned qualifications and acts as assistant to the person managing the establishment for every group of 30 agents, or any remaining group of less than 30, exceeding a first group of 30 agents, working at the same establishment.

These persons cannot be employed by another broker or pursue their activities at another establishment.

For the purposes of this Act, establishment means the place where the broker keeps the records, books and registers determined by the Association in its by-laws.

1991, c. 37, s. 13; 1999, c. 40, s. 95.

14. Every broker must assign to an establishment the real estate agents employed by him or authorized to act on his behalf.

1991, c. 37, s. 14; 1999, c. 40, s. 95.

15. No person may carry out for a broker any transaction mentioned in section 1 or use the title of real estate agent unless he is the holder of a real estate agent’s certificate issued by the Association.

Notwithstanding the first paragraph, a person holding a broker’s permit issued by the Superintendent of Real Estate Brokerage who is employed by or authorized to act on behalf of a broker on 20 June 1991 may carry out, for a broker, a transaction mentioned in section 1 if he holds a real estate broker’s certificate issued by the Association. The provisions applicable to agents apply to such a person.

1991, c. 37, s. 15.

16. The real estate agent’s certificate shall be issued to every natural person who meets the conditions prescribed by this Act or by a regulation thereunder.

1991, c. 37, s. 16.

17. The certificate of an agent who ceases to be employed by or authorized to act on behalf of a broker is suspended by operation of law.

The agent whose certificate is thus suspended may, subject to the conditions prescribed in the by-laws of the Association, obtain the reinstatement of his certificate once he is again employed by or authorized to act on behalf of a broker.

1991, c. 37, s. 17.

18. Every agent must, in accordance with the by-laws of the Association, report to the establishment to which he is assigned and transmit to the person who manages the establishment all information necessary for the keeping of the records, books and registers determined in the by-laws of the Association.

1991, c. 37, s. 18; 1999, c. 40, s. 95.

19. No agent may at any one time be employed by or authorized to act on behalf of more than one broker.

1991, c. 37, s. 19.

20. In addition to the activities prohibited by government regulation, no broker or agent may pursue the following activities:

(1)  the activity of representative within the meaning of the Act respecting the distribution of financial products and services (chapter D-9.2);

(2)  the activity of dealer or adviser within the meaning of the Derivatives Act (chapter I-14.01) or the Securities Act (chapter V-1.1), or of representing such persons, except where, with respect to the activity of dealer or of representing such a dealer, the activity is limited to distributing the securities of a limited partnership pursuing real estate activities.

1991, c. 37, s. 20; 1998, c. 37, s. 522; 2009, c. 25, s. 53; 2009, c. 58, s. 51.

21. (Repealed).

1991, c. 37, s. 21; 1993, c. 17, s. 113.

DIVISION II COMPULSORY DISCLOSURE

22. Every broker or agent, whether in the course of his duties or not, who holds or intends to acquire, directly or indirectly, an interest in immovable property that is being purchased, sold or exchanged must, without delay and in writing, disclose his quality as broker or agent to the prospective contracting party, in the manner prescribed in the by-laws of the Association.

In case of failure to do so, the person entitled to such information may, as long as the contract evidencing the transaction has not been signed by the parties, withdraw, without penalty, from any offer or promise, whether accepted or not, concerning the immovable property, by sending or giving a written notice to the other party.

1991, c. 37, s. 22.

23. The broker or agent must transmit to the Association as soon as possible a copy of the contract referred to in section 22 and of every other contract that may be related thereto.

1991, c. 37, s. 23.

24. Any compensation agreement in favour of a broker or agent which may place the interest of the broker or agent in conflict with that of his client must be disclosed in writing to the client.

1991, c. 37, s. 24.

DIVISION III MULTIDISCIPLINARY FIRMS AND SHARING OF COMPENSATION

25. Notwithstanding sections 3 and 20, a multi-sector firm referred to in section 549 of the Act respecting the distribution of financial products and services may pursue the activity of real estate broker and, if authorized by regulation of the Autorité des marchés financiers, use the title of real estate broker.

1991, c. 37, s. 25; 1998, c. 37, s. 523; 2002, c. 45, s. 344; 2004, c. 37, s. 90.

26. A broker may share his compensation only with a firm, independent representative or independent partnership within the meaning of the Act respecting the distribution of financial products and services, another broker or with a broker pursuing his activities outside Québec under another jurisdiction.

1991, c. 37, s. 26; 1998, c. 37, s. 524.

27. A broker who shares his compensation with a firm, independent representative or independent partnership must disclose that fact in writing to his client and record the sums of money thus received in a register kept for that purpose in the manner provided in the by-laws of the Association.

1991, c. 37, s. 27; 1998, c. 37, s. 525.

28. Any compensation paid to a broker for having referred a person to a firm, independent representative or independent partnership or to another broker is considered a sharing of compensation.

1991, c. 37, s. 28; 1998, c. 37, s. 525; 1999, c. 40, s. 95.

DIVISION IV ADVERTISING AND REPRESENTATION

29. The services or goods provided by a broker or agent must conform to the statements or advertisements made by him; the statements or advertisements are binding on the agent or broker.

1991, c. 37, s. 29.

30. No broker or agent may, by whatever means, make false, misleading or incomplete representations to a person using his services, in particular with regard to his level of competence or to the scope or effectiveness of his services and of those generally offered by members of the Association.

1991, c. 37, s. 30.

31. No broker or agent may falsely, by whatever means,

(1)  ascribe any special advantage to services or goods;

(2)  claim that financial gain will result from the use or acquisition of services or goods;

(3)  claim that services or goods meet a determined standard;

(4)  ascribe to services or goods certain performance characteristics.

1991, c. 37, s. 31.

CHAPTER III RULES RELATING TO CERTAIN REAL ESTATE BROKERAGE CONTRACTS

32. This chapter applies to every contract between a natural person and a broker under which the broker undertakes to act as intermediary for the sale, leasing or exchange

(1)  of part or all of a chiefly residential immovable containing less than five dwellings;

(2)  of a fraction of a chiefly residential immovable subject to an agreement or declaration under articles 1009 to 1109 of the Civil Code.

1991, c. 37, s. 32; 1999, c. 40, s. 95.

33. The contract is formed when both parties have signed it.

1991, c. 37, s. 33.

34. The broker must give a duplicate of the contract, in paper form, to the natural person who signed it.

The natural person is bound to perform his obligations only from the time he is in possession of a duplicate of the contract.

1991, c. 37, s. 34; 2001, c. 32, s. 99.

35. The contract must set out

(1)  the name and address of the parties in legible script;

(2)  the date of the contract and the address of the place where it was signed;

(3)  the nature of the transaction involved;

(4)  the cadastral designation of the immovable property involved and the address of any building erected thereon, if any;

(5)  if such is the case, its irrevocability;

(6)  if such is the case, its exclusivity;

(7)  the date and time of its expiry;

(8)  the price of sale, exchange, or, as the case may be, leasing of the immovable property;

(9)  the nature and manner of payment of the broker’s compensation;

(10)  where applicable, any obligation on the part of the broker to send the particulars of the contract to a multiple listing service or a similar service of a real estate board or of any other agency for the purpose of distributing them to members subscribing to such a service;

(11)  any other particulars determined by government regulation.

1991, c. 37, s. 35.

36. Where there is no stipulation as to the date and time of expiry of the contract, the contract shall expire 30 days after being concluded.

1991, c. 37, s. 36.

37. No contract may contain a stipulation for automatic renewal.

1991, c. 37, s. 37.

38. Any agreement binding a natural person, for a fixed period after the expiry of the contract, to compensate the broker even if the sale, leasing or exchange of an immovable property is effected after such expiry, is without effect.

The first paragraph does not apply if the agreement provides that compensation is due where

(1)  the contract is exclusive;

(2)  the sale, leasing or exchange is made with a person who became interested in the immovable property while the contract was in force;

(3)  the transaction occurs not more than 180 days after the date of expiry of the contract and during that period, the natural person did not enter into an exclusive contract for the sale, leasing or exchange of the immovable property with another broker.

1991, c. 37, s. 38; 1999, c. 40, s. 95.

39. The contract must specify that the broker has an obligation to submit to the natural person every promise to purchase, lease or exchange the immovable property in question.

1991, c. 37, s. 39.

40. Notwithstanding any stipulation to the contrary, the natural person may, at his own discretion, cancel the contract within the three days which follow the day on which he receives a duplicate of the contract signed by both parties, unless a waiver is written in its entirety by the person and signed.

The contract is cancelled by operation of law from the sending or giving of a written notice to the broker.

1991, c. 37, s. 40.

41. The broker may claim no compensation following the cancellation of a contract in accordance with section 40, unless a sale, leasing or exchange which meets the conditions specified in section 38 occurs.

1991, c. 37, s. 41.

42. No contract may be cancelled on the sole ground that one of its provisions contravenes this chapter.

1991, c. 37, s. 42.

43. No natural person may, by special agreement, waive the rights conferred on him by this chapter.

1991, c. 37, s. 43.

CHAPTER IV FONDS D’INDEMNISATION DU COURTAGE IMMOBILIER

DIVISION I ESTABLISHMENT AND ORGANIZATION

44. The fund known as the “Fonds d’indemnisation du courtage immobilier”, constituted by the Real Estate Brokerage Act (chapter C-73), is hereby continued; it shall exercise such powers as are provided by this Act.

1991, c. 37, s. 44.

45. The fund shall have its head office at the place determined by the Government. A notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.

1991, c. 37, s. 45.

46. The fund shall be administered by a board of directors composed of seven members including a chairman and vice-chairman appointed for two years by the Government.

Four members shall be chosen from among holders of certificates issued by the Association, after consultation with the latter.

Three members shall be persons who, by reason of their activities, are capable of making a significant contribution to solving problems in the field of real estate brokerage. One of these members shall be designated by the Minister.

1991, c. 37, s. 46.

47. At the expiry of their terms, the members of the board of directors shall remain in office until reappointed or replaced.

1991, c. 37, s. 47.

48. The members shall not be remunerated, except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the course of their duties, on the conditions and to the extent determined by the Government.

1991, c. 37, s. 48.

49. If the chairman is unable to act, the vice-chairman shall exercise the functions of the chairman.

1991, c. 37, s. 49.

50. The fund may appoint a secretary and any other employee necessary for the carrying out of its functions.

1991, c. 37, s. 50.

51. The secretary and the other members of the personnel of the fund shall be appointed in accordance with the staffing plan established by by-law of the fund.

Subject to the provisions of a collective agreement, the fund shall determine, by by-law, the standards and scales of remuneration of the members of its personnel in accordance with the conditions defined by the Government.

1991, c. 37, s. 51; 2000, c. 8, s. 119.

52. The board of directors may hold its sittings anywhere in Québec.

The quorum at sittings of the board is constituted by a majority of its members.

In the event of a tie, the chairman shall have a casting vote.

1991, c. 37, s. 52.

53. The fund shall adopt rules for its internal management.

The rules shall come into force on the date of their approval by the Government.

1991, c. 37, s. 53.

54. A decision signed by all members of the board of directors has the same effect as if it were made at a sitting.

1991, c. 37, s. 54.

DIVISION II PURPOSE, FUNCTIONS AND POWERS

55. The purpose of the fund is to administer the sums of money deposited into it to guarantee any liability that may be incurred by a broker or agent owing to fraud, a dishonest transaction, or the misappropriation of funds or other property which, under this Act, must be deposited in a trust account.

To this end, the fund may, on the conditions, in the manner and in accordance with the rules determined by government regulation,

(1)  rule on the admissibility of claims against a broker or agent;

(2)  authorize any payment or disbursement to be made out of the fund;

(3)  invest the sums of money deposited into the fund.

1991, c. 37, s. 55.

56. The fund shall consist of

(1)  the contributions paid by members of the Association in accordance with government regulation;

(2)  sums recovered by way of subrogation from a broker or agent;

(3)  interest earned on the sums of money deposited into the fund;

(4)  any increase in the fund’s assets.

The Minister may, on the conditions prescribed by government regulation, authorize the fund to use the interest earned on the sums of money deposited into the fund for purposes related to the real estate brokerage sector and to further the protection of the public.

1991, c. 37, s. 56.

57. The fund is subrogated in all the rights of a compensated person or partnership up to the compensation paid.

1991, c. 37, s. 57.

58. The fiscal year of the fund ends on 31 December.

1991, c. 37, s. 58.

DIVISION III DOCUMENTS, ACCOUNTS AND REPORTS

59. No deed, document or writing shall bind the fund unless signed by the chairman or the secretary.

1991, c. 37, s. 59.

60. Any document or copy of a document emanating from the fund or forming part of its records, if signed or certified true by a person referred to in section 59, is authentic.

1991, c. 37, s. 60.

61. The fund shall submit to the Minister, on or before 30 April each year, its financial statements and a report of its activities for the preceding fiscal year. The financial statements and the report of activities must contain all the information required by the Minister.

1991, c. 37, s. 61; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

62. The fund must also provide the Minister with all the information and documents he requires concerning its activities.

1991, c. 37, s. 62; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

63. The books and accounts of the fund shall be audited by the Auditor General each year and also whenever the Government so orders. However, the Government may designate another auditor.

The report of the Auditor General or of the auditor designated by the Government must accompany the report of activities and financial statements of the fund.

1991, c. 37, s. 63.

CHAPTER V ASSOCIATION DES COURTIERS ET AGENTS IMMOBILIERS DU QUÉBEC

DIVISION I ESTABLISHMENT AND POWERS

64. The “Association des courtiers et agents immobiliers du Québec” is hereby constituted.

1991, c. 37, s. 64.

65. The Association is a legal person.

1991, c. 37, s. 65; 1999, c. 40, s. 95.

66. The primary role of the Association is to ensure the protection of the public by the enforcement of rules of professional ethics and the professional inspection of its members, and in particular by seeing to it that its members pursue their activities in accordance with the Act and the regulations.

It may also dispense continuing education courses to its members and award the titles referred to in section 76.

1991, c. 37, s. 66.

67. Every holder of a real estate broker’s certificate or a real estate agent’s certificate issued under this Act is a member of the Association, as are the natural persons referred to in sections 7 and 13.

1991, c. 37, s. 67.

68. The Association shall adopt rules for its internal management.

1991, c. 37, s. 68.

69. The head office of the Association shall be in Québec at the place determined in its rules of internal management.

A notice of the location of the head office of the Association or of any change in its location shall be published in the Gazette officielle du Québec.

1991, c. 37, s. 69.

70. The Association shall hold a general meeting of its members at least once a year on the date and at the place fixed in its rules of internal management.

1991, c. 37, s. 70.

71. The Association may hold special general meetings of its members as often as its business so requires.

Every special general meeting shall be called in the manner prescribed in the rules of internal management, upon a resolution of the board of directors or a requisition by not fewer than 50 members of the Association.

If the special general meeting is not called within ten days after the resolution or requisition, a member of the board or one of the signatories of the requisition may call the meeting.

The rules of internal management referred to in section 68 and the by-laws referred to in sections 75 and 76 shall be adopted at a special general meeting of the members.

1991, c. 37, s. 71.

72. One hundred members constitute a quorum at a general meeting.

1991, c. 37, s. 72.

73. Decisions are made by a majority of the votes cast by the members present.

With regard to the rules of internal management, the decision shall be made by two-thirds of the votes cast by the members present.

1991, c. 37, s. 73.

74. The board of directors must determine, by by-law subject to government approval

(1)  the limits of the regions referred to in section 86;

(2)  the various categories of certificates the Association may issue and the conditions and restrictions attached to each;

(3)  the period of validity of a certificate;

(4)  the conditions for and the manner of issuing, renewing, suspending, cancelling or reinstating a certificate;

(5)  the information and documents a member must submit when applying for the issue, renewal or reinstatement of a certificate;

(6)  the particulars a certificate must contain;

(7)  the manner in which civil liability insurance must be taken out and the conditions thereof, and the cases in which a security or guarantee may replace such insurance and the conditions thereof;

(7.1)  the premium a broker must pay to the insurance fund and the related criteria;

(8)  the conditions applicable to the carrying on of the activity of real estate broker;

(9)  the rules stating the conditions, obligations and, where applicable, prohibitions concerning advertising, customer solicitation or representations by a member;

(10)  the rules relating to the disclosure of the sharing of a broker’s compensation with a firm, independent representative or independent partnership;

(11)  the manner in which disclosure is made under section 22;

(12)  the nature, form and tenor of the books and registers that must be kept by members;

(13)  the rules relating to the setting up and maintenance of a trust account;

(14)  the rules relating to the application of the first paragraph of section 13;

(15)  the rules relating to the application of section 18;

(16)  the rules relating to the preservation, use and destruction of the records, books and registers that must be kept by members;

(17)  the content, form and use of the mandatory forms designated by government regulation;

(18)  the rules relating to the preparation of examinations to be taken by persons wishing to obtain a certificate prescribed under this Act;

(19)  the means of communication permitting members of the board of directors who are not present at a sitting of the board of directors to vote to allow decisions to be made, and the conditions subject to which they may do so.

The board of directors must also, by by-law subject to government approval,

(1)  establish a fund, consisting of the interest generated by the sums of money held in trust, to be used primarily for the production and release of information relating to the rights of the public in the field of real estate brokerage and subsidiarily for professional inspection and, if funds are sufficient, for discipline;

(2)  determine the rules governing the administration of the financing fund and the terms and conditions of payment into the fund of the interest generated by the sums of money held in trust.

The board of directors, in exercising its regulatory power, may establish various categories of members and prescribe appropriate rules for each, or for only one, category.

No by-law may be adopted under this section unless the secretary of the Association, at least 30 days before the date scheduled for its adoption by the board of directors, submits the text of the by-law to all the members of the Association.

1991, c. 37, s. 74; 1998, c. 37, s. 526; 2004, c. 37, s. 54.

75. The Association must determine, by by-law subject to government approval,

(1)  the rules of professional ethics applicable to its members;

(2)  the fees to be charged for the issue, renewal or reinstatement of a certificate.

The Association may also determine, by resolution of the board of directors, an increase in the fees chargeable for the issue or renewal of a certificate, where such an increase is required to allow the Association to meet its responsibilities in matters of penal proceedings, professional inspection and discipline. The resolution is subject to approval by the Minister.

1991, c. 37, s. 75; 1996, c. 42, s. 1; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

76. The Association may determine, by by-law subject to government approval, the various specialist titles that a member may use and the conditions and manner on or in which such titles may be obtained or withdrawn.

1991, c. 37, s. 76.

77. The Government, 60 days after serving on the board of directors or the Association a formal notice enjoining it to adopt by-laws under section 74 or 75, may exercise that regulatory power.

Such a by-law is deemed to be a by-law of the board of directors or of the Association and the board or the Association may amend it. Any by-law so amended is subject to government approval.

1991, c. 37, s. 77.

78. The Government shall approve with or without amendment any by-law submitted to it for approval.

1991, c. 37, s. 78.

79. Every person who wishes to obtain a certificate provided for in this Act must pass an examination prepared by the Association. Such an examination must have received the approval of the Minister.

1991, c. 37, s. 79; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

79.1. The Association may establish an insurance fund and require brokers to subscribe to it.

The Association shall determine by by-law the premium a broker must pay on the basis of any criteria set out in the by-law.

The by-law is submitted to the Government for approval with or without amendment.

Sections 174.1 to 174.11 and 174.13 to 174.18 of the Act respecting insurance (chapter A‐32), with the necessary modifications, apply to the insurance fund established by the Association.

If it establishes an insurance fund, the Association is an insurer within the meaning of the Act respecting insurance.

2004, c. 37, s. 55.

79.2. The insurance fund established by the Association is authorized to provide liability insurance to any person whose activities are governed by this Act.

2004, c. 37, s. 55.

80. The affairs of the Association shall be administered by a board of directors composed of 11 members appointed for a term of two years.

1991, c. 37, s. 80.

81. The Government, after consulting various socio-economic groups, shall appoint two members of the board of directors who are neither brokers nor agents nor persons to whom section 2 applies.

The members of the Association shall elect from among their number the other members of the board of directors, in the manner provided in sections 85 and 86.

1991, c. 37, s. 81.

82. Votes for the election of members of the board of directors shall be taken in the manner prescribed in the rules of internal management of the Association.

1991, c. 37, s. 82.

83. At least 15 days before the date fixed for the closing of the poll, the secretary of the Association shall send the following documents to each member who is entitled to vote, advising him at the same time of that date:

(1)  a ballot paper certified by the secretary, stating the names of the candidates for the office of director in the region in which each member may exercise his right to vote and an envelope in which to insert the ballot paper, bearing the words “BALLOT PAPER DIRECTOR”;

(2)  for the election of the chairman, a certified ballot paper stating the names of the candidates for the office of chairman and an envelope in which to insert the ballot paper, bearing the words “BALLOT PAPER CHAIRMAN”;

(3)  an envelope addressed to the secretary of the Association bearing the word “ELECTION”, the name of the voter, his address and the name of the region in which he may exercise his right to vote;

(4)  any other document prescribed in the rules of internal management of the Association, where that is the case.

1991, c. 37, s. 83.

84. All ballot papers and envelopes to be used at an election must be in the same form and as nearly alike as possible.

Each ballot paper shall contain, on the right of the name of each candidate, a square space reserved for voting.

1991, c. 37, s. 84.

85. The members of the Association shall elect the chairman of the board of directors from among the brokers and agents who have pursued their activities in Québec for five years before the date of the election.

1991, c. 37, s. 85.

86. The members of the Montréal region shall elect as directors four members having their establishment in the Montréal region.

The members of the Québec city region shall elect as director one member having his establishment in the Québec city region.

The members in the other regions of Québec shall elect as directors three members having their establishment in the other regions of Québec.

1991, c. 37, s. 86; 1999, c. 40, s. 95.

87. At the end of his term, every member shall remain in office until his replacement is elected.

1991, c. 37, s. 87.

88. No member of the board of directors may hold any other remunerated position within the Association.

1991, c. 37, s. 88.

89. Any member of the board of directors who has a direct or indirect interest in an undertaking which places his personal interest in conflict with the interest of the Association must, on pain of forfeiture of office, disclose his interest and abstain from participating in any decision concerning the undertaking in which he has an interest. Moreover, he must withdraw from the meeting for the duration of deliberations relating to it.

1991, c. 37, s. 89.

90. The members of the board of directors shall elect a vice-chairman and a treasurer from among their number. They shall appoint a secretary.

1991, c. 37, s. 90.

91. The powers and duties of the chairman, the vice-chairman and the secretary shall be determined in the rules of internal management of the Association.

1991, c. 37, s. 91.

92. If the chairman is absent or unable to act, the vice-chairman shall exercise the functions of the chairman.

1991, c. 37, s. 92; 1999, c. 40, s. 95.

93. Any vacancy occurring on the board of directors shall be filled for the unexpired portion of the term by the appointment by the Government or by the board of directors, as the case may be, of a person having the qualifications prescribed in section 81, 85 or 86, according to the position to be filled.

1991, c. 37, s. 93.

94. The Association may hire the personnel required for the pursuit of its activities.

1991, c. 37, s. 94.

95. A majority of its members constitutes a quorum at sittings of the board of directors.

1991, c. 37, s. 95.

96. The decisions of the board of directors are made by a majority of the votes cast by the members present or members voting on the issue by a means of communication and on the conditions prescribed in the by-laws of the Association.

In the case of a tie, the chairman has a casting vote.

1991, c. 37, s. 96.

DIVISION II FINANCING, BOOKS, REGISTERS AND AUDIT OF THE ASSOCIATION

97. The Association shall finance its activities out of the fees which must be paid to it by members under paragraph 2 of section 75.

1991, c. 37, s. 97.

98. The expenses incurred for the carrying out of this Act, which are determined each year by the Government, shall be borne by the Association.

1991, c. 37, s. 98.

99. The Association shall keep a register of its members. The register shall contain the name of every member and the titles that he is entitled to use, the address where he carries on his activities, the period for which the certificate he holds is valid and the restrictions it includes, if any.

Where the broker is a partnership or legal person, the register shall contain its name, the address of its head office, the period for which the certificate held is valid, the restrictions it includes, if any, and the names of the agents through whom it pursues its activities.

The register shall also contain any other information the Association considers appropriate.

1991, c. 37, s. 99; 1999, c. 40, s. 95.

100. The Association shall preserve the register of its members and open it for examination by the public during regular office hours.

1991, c. 37, s. 100.

101. The Association must cause its books and accounts to be audited every year by an auditor.

If it fails to do so, the Minister may cause the audit to be made and shall designate an auditor for that purpose; the remuneration of the auditor shall be borne by the Association.

1991, c. 37, s. 101; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

102. The auditor shall have access to all the books, registers, accounts and other accounting records of the Association and to supporting documents. Every person having custody thereof shall facilitate their examination.

The auditor may require the administrators, representatives or employees of the Association to provide the information and documents needed for the performance of his duties as auditor.

1991, c. 37, s. 102.

103. The auditor may require that a meeting of the board of directors be held on any question relating to his duties as auditor.

1991, c. 37, s. 103.

104. The fiscal year of the Association ends on 31 December.

1991, c. 37, s. 104.

105. Within four months after the end of each fiscal year, the Association shall transmit to the Minister its audited annual report showing its financial position and activities for the preceding fiscal year.

The report shall contain any other information which the Minister may require.

1991, c. 37, s. 105; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

106. The Association must, in addition, transmit to the Minister, at his request, on the dates and in the form he determines, the statements, statistical data, reports, documents and other information he considers appropriate for the purposes of this Act.

1991, c. 37, s. 106; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

CHAPTER VI PROFESSIONAL INSPECTION AND DISCIPLINE

DIVISION I PROFESSIONAL INSPECTION COMMITTEE

107. A professional inspection committee shall be established within the Association.

1991, c. 37, s. 107.

108. The function of the committee is to supervise the carrying on of the professional activities of the members of the Association, with the exception of professional competence, in particular by auditing their records, accounts, books and registers.

1991, c. 37, s. 108.

109. The professional inspection committee may make any recommendation it considers appropriate to the member who is the object of inspection.

If it becomes aware that an offence under this Act or a regulation thereunder has been committed, it shall notify the syndic thereof.

1991, c. 37, s. 109.

110. The professional inspection committee shall be composed of not less than three members, including a chairman, appointed by the board of directors of the Association from among its members for a term of one year.

1991, c. 37, s. 110.

111. At the expiry of their terms, the members of the committee shall remain in office until reappointed or replaced.

1991, c. 37, s. 111.

112. If a member of the committee is absent or unable to act, he shall be replaced by a person appointed by the board of directors for as long as the member is absent or unable to act.

1991, c. 37, s. 112; 1999, c. 40, s. 95.

113. The professional inspection committee may, with the authorization of the board of directors, hire the personnel necessary for the carrying out of its functions.

1991, c. 37, s. 113.

114. An inspection may be carried out at the request of the Association or on the initiative of the professional inspection committee.

1991, c. 37, s. 114.

115. Any person making an inspection under this division may

(1)  enter, at any reasonable time, the establishment of any member whose business is being inspected;

(2)  examine and make copies of the books, registers, accounts, records and other documents relating to the activities of the member concerned;

(3)  require any information or document relating to the carrying out of this Act and the regulations thereunder.

Every person having custody, possession or control of the books, registers, accounts, records and other documents shall, at the request of the person making the inspection, allow him access to them and facilitate his examination thereof.

1991, c. 37, s. 115.

116. The person making an inspection shall identify himself on request and produce an attestation of his capacity signed by a person authorized to do so who sits on the professional inspection committee.

1991, c. 37, s. 116.

117. No person may hinder the work of a person making an inspection, in particular by misleading him.

1991, c. 37, s. 117.

118. The professional inspection committee shall, each year, submit a report of its activities to the Association, at the date and in the form the latter determines.

1991, c. 37, s. 118.

DIVISION II SYNDIC

119. The board of directors shall appoint a syndic from among the members of the Association who have carried on the activity of broker or agent for at least five years and, where necessary, one or more assistant syndics from among the members who have pursued either activity for at least three years.

1991, c. 37, s. 119.

120. If the syndic or the assistant syndic has grounds to believe that an offence under this Act or the regulations thereunder has been committed by a member of the Association, he shall make an investigation and, if expedient, file a complaint with the discipline committee.

1991, c. 37, s. 120.

121. The syndic or an assistant syndic shall inform in writing, within a reasonable time, any person having requested the holding of an investigation in connection with the conduct of a member of the Association of his decision whether or not to file a complaint with the discipline committee as a result of the request; if he decides not to file a complaint, he must at the same time provide such person with a written explanation of the reasons for his decision.

Where a complaint is filed, the syndic or the assistant syndic must, at the request of the person who requested the holding of an investigation, transmit or make known to him the decision of the discipline committee; the person is bound by any order banning publication or release that may be included in the committee’s decision.

1991, c. 37, s. 121.

122. No syndic or assistant syndic, as the case may be, may, while in office, act as a broker or agent.

1991, c. 37, s. 122.

123. Where the syndic or an assistant syndic is absent or unable to act, he may be replaced by a member appointed by the board of directors for as long as he is absent or unable to act.

1991, c. 37, s. 123; 1999, c. 40, s. 95.

124. The syndic and the assistant syndics may be removed from office by a vote of two-thirds of the members of the board of directors.

1991, c. 37, s. 124.

125. The syndic, with the authorization of the board of directors, may hire the personnel necessary for the carrying out of his duties.

1991, c. 37, s. 125.

126. The syndic shall transmit each year to the Association, on the date and in the form it determines, a report of his activities.

1991, c. 37, s. 126.

127. Sections 115, 116 and 117 apply to the syndic and to the assistant syndics when making an investigation.

The syndic and the assistant syndics shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1991, c. 37, s. 127.

DIVISION III DISCIPLINE COMMITTEE

128. A discipline committee is hereby established within the Association.

1991, c. 37, s. 128.

129. The discipline committee shall be seized of every complaint filed against a member of the Association for an offence under this Act or the regulations thereunder.

1991, c. 37, s. 129.

130. Where a breach of discipline is attributable to a legal person, a complaint may be filed against those of its directors, officers or agents who participated in or consented to the breach.

1991, c. 37, s. 130.

131. The discipline committee shall be composed of not less than three members appointed for a term of three years.

The chairman shall be appointed by the Government, after consultation with the Barreau du Québec, from among advocates having at least 10 years of practice.

In addition, the Government shall, in the same manner, appoint a substitute to act when the chairman is unable to do so.

The other persons shall be appointed by the board of directors from among the members of the Association.

1991, c. 37, s. 131.

132. At the end of their terms, the members of the discipline committee shall remain in office until they are replaced or reappointed.

1991, c. 37, s. 132.

133. Any vacancy on the discipline committee shall be filled for the unexpired portion of the term in the manner prescribed for the appointment of the member to be replaced.

1991, c. 37, s. 133.

134. The board of directors shall appoint the secretary of the discipline committee.

The secretary shall, in particular, see to the preparation and preservation of the records of the committee.

1991, c. 37, s. 134.

135. Sections 126 to 161 of the Professional Code (chapter C-26) relating to the institution and trial of complaints and to the related decisions and penalties apply, adapted as required, to complaints received by the disciplinary committee.

1991, c. 37, s. 135.

136. An appeal lies to the Court of Québec from decisions of the discipline committee, in accordance with sections 164 to 177.1 of the Professional Code (chapter C-26), adapted as required.

1991, c. 37, s. 136; 1997, c. 43, s. 216.

137. The secretary of the discipline committee must forward to each member of the Association notice of any final decision of the discipline committee or the Court of Québec, as the case may be, which entails the suspension or cancellation of his certificate and, where applicable, notice of a judgment of the Court rectifying or reviewing that decision. The notice must state the name of the member found guilty, the place where he mainly carried on his activities and the address of that place, the category of certificate held by him, the date and nature of the offence committed, and the date and a summary of the decision.

In addition, the secretary must cause a notice to be published in the newspaper circulated in the locality where the member mainly carried on his activities, unless dispensed from so doing by the discipline committee.

1991, c. 37, s. 137.

138. The notice provided for in the first paragraph of section 137 is deemed to be validly transmitted to each member if it is published or inserted in any official or regular publication sent by the Association to each of its members. When such a notice is published, it must be presented in a box covering at least two columns, with the title “NOTICE OF SUSPENSION OR REVOCATION OF CERTIFICATE”.

1991, c. 37, s. 138.

139. The secretary of the discipline committee must transmit to the fund any decision made following a complaint filed against a member by reason of fraud, fraudulent transaction or misappropriation of funds or other property which, under this Act, must be deposited in a trust account.

1991, c. 37, s. 139.

140. The discipline committee shall transmit each year to the Association, at the date and in the form it determines, a report of its activities.

The report must indicate the number and nature of the complaints received, the number of complaints rejected, and the number and nature of condemnations.

1991, c. 37, s. 140.

141. The members of the discipline committee shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1991, c. 37, s. 141.

CHAPTER VII INSPECTION OF THE ASSOCIATION

2002, c. 45, s. 345; 2006, c. 38, s. 32.

142. The Minister shall make an inspection of the business of the Association, or cause such an inspection to be made, whenever he considers it appropriate for the purposes of this Act, but no less frequently than once every five years.

1991, c. 37, s. 142; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

143. Any person making an inspection may, for the purposes of his inspection,

(1)  enter, at any reasonable time, the head office of the Association;

(2)  examine and make copies of the books, registers, accounts, records and other documents relating to the activities of the Association;

(3)  require any information or document relating to the carrying out of this Act and the regulations thereunder.

Every person having custody, possession or control of the books, registers, accounts, records and other documents shall, at the request of the person making the inspection, allow him access to them and facilitate his examination thereof.

1991, c. 37, s. 143.

144. Any person making an inspection shall, on request, identify himself and produce a certificate of his capacity, signed by the Minister.

1991, c. 37, s. 144; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

145. No person may hinder the work of a person making an inspection, in particular by misleading him.

1991, c. 37, s. 145.

146. The Minister may, whenever he is of the opinion that public interest so requires, order that an inquiry be held on any matter within his jurisdiction.

The Minister and any person he authorizes in writing shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1991, c. 37, s. 146; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

147. Where, in the opinion of the Minister, the Association is engaged in a course of action contrary to this Act or a regulation thereunder, he may order it to alter its course of action and remedy the situation.

1991, c. 37, s. 147; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

148. The order issued by the Minister shall set out the reasons on which it is based and be transmitted to each person for whom it is intended. It shall become effective on its date of service or on any later date indicated therein.

Before issuing an order, the Minister shall, pursuant to section 5 of the Act respecting administrative justice (chapter J-3), give the Association a prior notice of not less than 15 days stating the reasons which appear to justify the order, the date on which it is to take effect and the possibility for the Association to present observations.

1991, c. 37, s. 148; 1997, c. 43, s. 217; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

149. The Minister may, however, without prior notice, issue a provisional order, valid for a period of not more than 15 days, if he is of the opinion that any period of time allowed to the person concerned to present observations may be detrimental.

The order must include the reasons on which it is based and shall take effect on its date of service on the person for whom it is intended. The person may, within six days of receiving the order, present observations to the Minister.

1991, c. 37, s. 149; 1997, c. 43, s. 218; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

150. The Minister may revoke any order issued under this chapter.

1991, c. 37, s. 150; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

151. The Minister may, by motion, apply to a judge of the Superior Court for an injunction in respect of any matter relating to this Act or a regulation thereunder.

A motion for injunction is a proceeding in itself.

The procedure provided for in the Code of Civil Procedure (chapter C-25) applies to such a proceeding, except that the Minister shall not be required to give security.

1991, c. 37, s. 151; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

152. Where the Association neglects to exercise the responsibilities conferred on it by this Act or where, as a result of its action, the protection of the public is not ensured or the requirements of this Act or of the regulations thereunder are not met, the Minister may exercise all or part of the powers held by the Association and prohibit it from exercising those powers to the extent and for the period he determines.

Before rendering his decision, the Minister shall notify the Association and give it an opportunity to present observations. The Association may appeal from the decision of the Minister to the Superior Court, within 30 days.

1991, c. 37, s. 152; 1997, c. 43, s. 219; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

153. (Repealed).

1991, c. 37, s. 153; 2002, c. 45, s. 346; 2006, c. 38, s. 33.

154. The Minister shall table in the National Assembly the reports provided for in sections 61 and 105 within 15 days of receiving them or, if the Assembly is not sitting, within 15 days of resumption.

1991, c. 37, s. 154; 2002, c. 45, s. 346; 2006, c. 38, s. 34.

CHAPTER VIII REGULATIONS

155. The Government may, by regulation, determine

(1)  the qualifications required to hold a real estate broker’s certificate or a real estate agent’s certificate;

(2)  the activities which no real estate broker or real estate agent may pursue;

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  the forms whose form is mandatory;

(6)  the rules relating to the protection of personal information obtained by a member of the Association in the pursuit of his activities, and the rules relating to the release of information in his possession;

(7)  the terms subject to which a person having done business with a member of the Association is entitled to have access to and reproduce any documents and information concerning him which are in the possession of that member;

(8)  the conditions of admissibility of claims and the terms and conditions applicable to claims made to and compensations paid by the Fonds d’indemnisation, which may vary according to whether the claim or compensation pertains to fraud or a fraudulent transaction or to a misappropriation of funds or other property which, under this Act, must be deposited in a trust account;

(9)  the maximum amount of compensation that the Fonds d’indemnisation may pay with regard to the same claim, such maximum amount varying according to whether the claim pertains to fraud or a fraudulent transaction or to a misappropriation of funds or other property which, under this Act, must be deposited in a trust account;

(10)  the rules governing the administration and investment of the sums of money paid into the Fonds d’indemnisation;

(11)  the contributions to be paid by members of the Association to the Fonds d’indemnisation, according to the categories of certificates they hold and, in particular, the date on which they registered with the Association, and the terms of payment of the contributions;

(12)  the minimum amount of working capital which must be maintained by the Fonds d’indemnisation;

(13)  the conditions allowing the Minister to authorize the Fonds d’indemnisation to use the interest generated by the sums of money deposited in the fund for purposes related to the real estate brokerage sector and furthering the protection of the public;

(14)  (paragraph repealed);

(15)  the other particulars which must be included in a contract referred to in section 35;

(16)  those provisions, among the provisions of regulations made under this Act, the violation of which constitutes an offence;

(17)  in respect of which offences, from among the offences determined pursuant to paragraph 16, the Association may institute penal proceedings.

1991, c. 37, s. 155; 1996, c. 42, s. 2; 1998, c. 37, s. 527.

CHAPTER IX PENAL PROVISIONS

156. No person may, in any manner whatever, hold himself out as being a real estate broker or a real estate agent, use a title leading others to believe that he is such, pursue the activity of a real estate broker or of a real estate agent, claim to be entitled to pursue such activities or act in a manner leading others to believe that he is so entitled, unless he holds the certificate required by this Act.

1991, c. 37, s. 156.

157. Every person who contravenes the provisions of section 30 or section 31 is guilty of an offence.

1991, c. 37, s. 157.

158. Every person who hinders the work of a person making an inspection under section 142 is guilty of an offence.

1991, c. 37, s. 158.

159. Every person convicted of an offence under any of sections 156 to 158 is liable to a fine of not less than $500 and not more than $10,000 in the case of a natural person, or to a fine of not less than $1,000 and not more than $25,000 in the case of a legal person.

Every person convicted of an offence under a regulatory provision determined pursuant to paragraph 16 of section 155 is liable to a fine of not less than $100.

In determining the fines, the court shall take into account, in particular, the injury suffered and benefits derived from the offence.

1991, c. 37, s. 159.

160. Where an offence under any of sections 156 to 158 or under a regulatory provision determined pursuant to paragraph 16 of section 155 is committed by a legal person, every director, executive officer, or representative who knowingly authorized, encouraged, ordered or advised the commission of the offence is guilty of an offence and is liable to the fine prescribed in section 159.

1991, c. 37, s. 160.

160.1. The Association may, upon a resolution of its board of directors and in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings for an offence under section 156 or 157 or under a regulatory provision to which paragraph 17 of section 155 applies, or for an offence under section 160 if that offence relates to any of those offences.

1996, c. 42, s. 3.

160.2. The fine imposed for an offence under section 160.1 belongs to the Association where it has taken charge of the penal proceedings.

1996, c. 42, s. 3.

160.3. Penal proceedings for an offence other than an offence under section 158 are prescribed one year after the date of opening of the investigation record relating to the offence. However, no proceedings may be instituted if more than five years have elapsed from the date of commission of such an offence.

A certificate of the Minister or of the secretary of the Association, as the case may be, indicating the date of the beginning of the investigation is, failing any evidence to the contrary, conclusive proof of such date.

1996, c. 42, s. 3; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

161. (Repealed).

1991, c. 37, s. 161; 1992, c. 61, s. 662.

162. If a person repeats an offence under any of sections 156 to 158 or a regulatory provision determined pursuant to paragraph 16 of section 155, the Attorney General may apply to the Superior Court for an interlocutory injunction enjoining that person or, as the case may be, his directors, executive officers or representatives to cease the commission of the offence until final judgment is pronounced in penal proceedings.

After pronouncing the judgment, the Superior Court shall itself render final judgment on the application for an injunction.

The Attorney General shall be dispensed from the obligation to give security. In all other respects, the provisions of the Code of Civil Procedure (chapter C-25) respecting injunction apply.

1991, c. 37, s. 162.

CHAPTER X MISCELLANEOUS PROVISIONS

163. The rights and obligations of the Association de l’immeuble du Québec, constituted on 9 March 1973 by letters patent issued under Part III of the Companies Act (Revised Statutes of Québec, 1964, chapter 271) are transferred to the Association des courtiers et agents immobiliers du Québec and the former association is dissolved by operation of law.

1991, c. 37, s. 163.

164. The Government shall determine the amount to be paid annually by the Association to the Minister for the purposes of this Act.

1991, c. 37, s. 164; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

164.1. In no case may proceedings be instituted against the Association, the members of its board of directors, the persons authorized by the Association to act on its behalf, the professional inspection committee or the members thereof by reason of acts performed in good faith in the exercise of their functions.

1996, c. 42, s. 4.

165. The filing of a sworn declaration of a member of the personnel of the Association is proof, before a court of justice, of the signature and capacity of the signatory.

1991, c. 37, s. 165.

166. The Minister may, on his own initiative and without notice, intervene in any civil proceedings relating to a provision of this Act or the regulations thereunder to take part in the proof and hearing as if he were a party thereto. The same rule applies to the Association in respect of the rules coming under its administration.

1991, c. 37, s. 166; 2002, c. 45, s. 346; 2006, c. 38, s. 37.

CHAPTER XI AMENDING AND TRANSITIONAL PROVISIONS

167. (Omitted).

1991, c. 37, s. 167.

168. (Amendment integrated into c. I-15.1, s. 14).

1991, c. 37, s. 168.

169. (Amendment integrated into c. I-15.1, s. 42).

1991, c. 37, s. 169.

170. (Amendment integrated into c. I-15.1, s. 43).

1991, c. 37, s. 170.

171. (Amendment integrated into c. I-15.1, s. 44).

1991, c. 37, s. 171.

172. (Repealed).

1991, c. 37, s. 172; 1994, c. 12, s. 30.

173. (Amendment integrated into c. N-1.1, s. 77).

1991, c. 37, s. 173.

174. The personnel of the Superintendent of Real Estate Brokerage become, without other formality, the staff of the Inspector General.

1991, c. 37, s. 174.

175. The records, other documents and equipment of the Superintendent of Real Estate Brokerage become the records, documents and equipment of the Inspector General.

1991, c. 37, s. 175.

176. The Government shall appoint the 11 members of the first board of directors of the Association and shall designate its chairman.

The term of office of five of the members of the board of directors shall be three years and of the six remaining members, two years.

1991, c. 37, s. 176.

177. The first board of directors of the Association shall adopt rules of internal management which shall remain in force until replaced by the rules of internal management adopted in accordance with section 178.

1991, c. 37, s. 177.

178. The Association must, within three months from 17 May 1993, hold a general meeting of persons holding permits and registration certificates issued by the Superintendent of Real Estate Brokerage, in order to adopt the rules of internal management prescribed in section 68 and the by-laws prescribed in sections 75 and 76, where applicable. Notwithstanding section 74, the general meeting shall also adopt the by-laws prescribed in that section.

Sections 179 to 181 apply with regard to the convening and holding of such a meeting.

1991, c. 37, s. 178.

179. Persons holding permits or certificates mentioned in section 178 shall be convened by the secretary by way of a written notice sent by mail, to their last known address, at least 30 days before the date scheduled for the meeting. The notice shall be sent together with an agenda and shall indicate the date, time and place at which the meeting is to be held.

Any involuntary failure to transmit the notice to one of the holders or the fact that a holder did not receive the notice does not invalidate the meeting or any resolution adopted during the meeting.

1991, c. 37, s. 179.

180. The chairman of the Association shall preside at the general meeting. If he is unable to act, the vice-chairman shall exercise the functions of the chairman.

1991, c. 37, s. 180.

181. A partnership or legal person shall vote at the meeting through a representative, who shall bear a power of attorney. The power of attorney shall be remitted to the secretary of the Association before the beginning of the meeting.

1991, c. 37, s. 181.

182. Persons who, on 14 January 1994, hold a real estate broker’s or real estate agent’s permit issued by the Superintendent of Real Estate Brokerage are deemed to hold a real estate broker’s certificate or a real estate agent’s certificate, as the case may be, issued by the Association.

Their certificate will expire on the expiry date fixed on the broker’s or agent’s permit, as the case may be.

1991, c. 37, s. 182.

183. Builders who, on 14 January 1994, are registered with the Superintendent of Real Estate Brokerage are deemed to hold a real estate broker’s certificate issued by the Association.

Their certificate will expire on the expiry date fixed on the registration certificate.

1991, c. 37, s. 183.

184. The Government may, by a regulation made within 12 months of the coming into force of this section, enact transitional measures for the carrying out of this Act.

1991, c. 37, s. 184.

CHAPTER XII FINAL PROVISIONS

185. Any sum received by the Superintendent of Real Estate Brokerage for the permits or registration certificates issued by him and in force on 14 January 1994 is deemed to have been received on behalf of the Association in proportion to the period covered by the permit and shall be remitted to the Association after the amounts payable as loans granted under section 187 have been deducted.

1991, c. 37, s. 185.

186. The sums required for the carrying out of this Act for the fiscal years 1991-92 and 1992-93 shall be taken out of the consolidated revenue fund to the extent determined by the Government.

1991, c. 37, s. 186.

187. The Government may, during the fiscal years 1991-92 and 1992-93, subject to the terms and conditions it determines, authorize the Minister of Finance to grant the Association one or more loans for any amount considered necessary for the attainment of its objects.

The sums required for the carrying out of this section shall be taken out of the consolidated revenue fund.

1991, c. 37, s. 187.

188. The Minister shall, on or before 11 September 1996, make a report to the Government on the carrying out of this Act and subsequently, every five years, on the advisability of maintaining it in force and, where applicable, of amending it.

The report shall be tabled before the National Assembly within the following 15 days if it is in session or, if it is not sitting, within 15 days of resumption.

1991, c. 37, s. 188.

189. (Repealed).

1991, c. 37, s. 189; 2002, c. 45, s. 346; 2006, c. 38, s. 35.

189.1. The Minister may delegate to any person or body functions and powers relating to the administration of this Act, including those conferred by sections 61, 62, 75, 79, 101, 105, 106, 142, 144, 146 to 152, 160.3, 164 and 166.

The Minister may, in the instrument of delegation, authorize the subdelegation of specified functions and powers; in such a case, the person or body to whom or which such subdelegation may be made shall be identified.

2006, c. 38, s. 36.

190. The Government shall designate the minister responsible for the administration of this Act.

1991, c. 37, s. 190.

The Minister of Finance is responsible for the administration of this Act. Order in Council 809-2009 dated 23 June 2009, (2009) 141 G.O. 2 (French), 3230.

191. (Omitted).

1991, c. 37, s. 191.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 37 of the statutes of 1991, to the extent in force on 1 March 1992, is repealed, except section 191, effective from the coming into force of chapter C-73.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 178 to 181 of chapter 37 of the statutes of 1991, in force on 1 September 1993, are repealed effective from the coming into force of the updating to 1 September 1993 of chapter C-73.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 20, 22 to 63, 67, 70 to 73, 79, 81 to 87, 93, 97 to 100, 107 to 141, 156, 157, 163, 164, 167 to 171, 173 to 175, 182 to 185 of chapter 37 of the statutes of 1991, in force on 1 September 1994, are repealed effective from the coming into force of the updating to 1 September 1994 of chapter C-73.1 of the Revised Statutes.