C-73.2, r. 6 - Regulation respecting disciplinary proceedings of the Organisme d’autoréglementation du courtage immobilier du Québec

Section 30 Disposition versions

2016-01-01

30. A request for the immediate provisional suspension of a holder’s licence or the imposition of immediate provisional conditions or restrictions on the licence must be heard and decided by preference, after the secretary of the discipline committee has served notice on the respondent in accordance with the Code of Civil Procedure (chapter C-25.01), at least 2 clear working days before the hearing and no later than 10 days after notification of the complaint.

As a result of the hearing, the committee may issue an order for the provisional suspension of the respondent’s licence or impose provisional conditions or restrictions on the licence, if it considers that necessary for public protection.

An order for provisional suspension of a licence or the imposition of provisional conditions or restrictions on the licence becomes enforceable on being served on the respondent by the secretary of the discipline committee in accordance with the Code of Civil Procedure. However, an order made in the presence of a party is deemed to be served on that party on being made. The secretary must indicate in the minutes whether the parties are present or absent when the committee makes an order.

An order for the provisional suspension of a holder’s licence or the imposition of provisional conditions or restrictions on the licence remains in force until service of the committee’s decision dismissing the complaint or imposing a penalty, as the case may be, unless the committee decides otherwise. However, where the committee imposes a penalty under subparagraph 2 of the first paragraph of section 98 of the Real Estate Brokerage Act (chapter C-73.2), the order for provisional suspension of the licence or the imposition of provisional conditions or restrictions on the licence remains in force until the decision imposing one of those penalties becomes enforceable in accordance with section 101 of the Act or, where an appeal from the decision allowing the complaint or imposing one of those penalties is lodged before the Court of Québec, until the final decision by the Court becomes enforceable, unless the Court decides otherwise.

O.C. 297-2010, s. 30; I.N. 2016-01-01 (NCCP).

2012-09-01

30. A request for the immediate provisional suspension of a holder’s licence or the imposition of immediate provisional conditions or restrictions on the licence must be heard and decided by preference, after the secretary of the discipline committee has served notice on the respondent in accordance with the Code of Civil Procedure (chapter C-25), at least 2 clear juridical days before the hearing and no later than 10 days after service of the complaint.

As a result of the hearing, the committee may issue an order for the provisional suspension of the respondent’s licence or impose provisional conditions or restrictions on the licence, if it considers that necessary for public protection.

An order for provisional suspension of a licence or the imposition of provisional conditions or restrictions on the licence becomes enforceable on being served on the respondent by the secretary of the discipline committee in accordance with the Code of Civil Procedure. However, an order made in the presence of a party is deemed to be served on that party on being made. The secretary must indicate in the minutes whether the parties are present or absent when the committee makes an order.

An order for the provisional suspension of a holder’s licence or the imposition of provisional conditions or restrictions on the licence remains in force until service of the committee’s decision dismissing the complaint or imposing a penalty, as the case may be, unless the committee decides otherwise. However, where the committee imposes a penalty under subparagraph 2 of the first paragraph of section 98 of the Real Estate Brokerage Act (chapter C-73.2), the order for provisional suspension of the licence or the imposition of provisional conditions or restrictions on the licence remains in force until the decision imposing one of those penalties becomes enforceable in accordance with section 101 of the Act or, where an appeal from the decision allowing the complaint or imposing one of those penalties is lodged before the Court of Québec, until the final decision by the Court becomes enforceable, unless the Court decides otherwise.

O.C. 297-2010, s. 30.