C-73.2, r. 8 - Regulation respecting broker’s and agency licences

Section 1 Disposition versions

2023-03-23

1. A real estate broker’s licence is issued to a natural person at least 18 years of age who makes an application to that effect to the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”) and, in addition to meeting the requirements set out in the Real Estate Brokerage Act (chapter C-73.2),

(1)  is a Canadian citizen, has the status of permanent resident or has a work permit issued by Canadian immigration authorities;

(1.1)  as of 1 September 2013, has passed one of the training programs recognized in an agreement between the Organization and an educational institution and that deals with the skills a broker must have, provided for in the system of reference available on the Organization’s official website, according to any licence restrictions;

(2)  has passed the examination under Division VII, no more than 12 months before the licence application;

(3)  if applicable, has passed all the courses or completed all the training programs required by the inspection committee under the third paragraph of section 75 of the Real Estate Brokerage Act or by the discipline committee under subparagraph 7 of the first paragraph of section 98 of that Act, or taken as a consequence of a voluntary commitment on the person’s part;

(4)  has demonstrated a knowledge of the official language of Québec appropriate to carry on the activity of broker by meeting one of the following requirements:

(a)  has passed the examination referred to in subparagraph 2, in French;

(b)  has received, full time, not less than 3 years of secondary or post-secondary instruction in French; or

(c)  has passed the fourth or fifth year secondary-level examinations in French as a first language;

(d)  has obtained, beginning in the 1985-1986 school year, a secondary school diploma in Québec;

(e)  has obtained a certificate from the Office québécois de la langue française or holds a certificate defined as equivalent by regulation of the Government, in accordance with section 35 of the Charter of the French language (chapter C-11);

(5)  has paid all fees required under this Regulation, all amounts payable to the insurance fund and the contribution to be paid into the Real Estate Indemnity Fund;

(6)  if applicable, has reimbursed the Organization for any indemnity amount paid pursuant to a decision of the indemnity committee concerning the person;

(7)  if applicable, has not failed to comply with an order of the discipline committee or court made in connection with a disciplinary action or a remedy referred to in sections 35 and 128 of the Real Estate Brokerage Act, or has not failed to pay any fine and any interest, costs and charges owing to the Organization pursuant to a decision of the discipline committee or a judgment;

(8)  if applicable, has remitted, where applicable, the sum of money to the person or partnership entitled to it, in compliance with a final judgment imposing such a penalty under subparagraph 4 of the first paragraph of section 98 of the Real Estate Brokerage Act; and

(9)  if applicable, has paid every sum of money to the party to whom it is owing as a consequence of a commitment entered into during mediation or conciliation, or an arbitration award, pursuant to section 34 of the Real Estate Brokerage Act.

A person who is qualified and authorized to engage in brokerage transactions referred to in section 3.1 of the Real Estate Brokerage Act, in a province, State or territory for which an agreement of mutual recognition of professional qualifications was entered into between the Gouvernement du Québec and another government is exempted from the requirements of subparagraph 1.1 of the first paragraph.

A person who applies for a broker’s licence within 12 months after the date of a licence revocation is exempted from the requirements of subparagraphs 1.1, 2 and 4 of the first paragraph if the person has completed all additional training required by the Organization since that date or that was applicable to the person when he or she held a licence.

A person who applies for a real estate broker’s licence within 3 years after his or her real estate broker’s licence is replaced by a real estate broker’s licence with a restriction described in section 2 or after the revocation of the real estate broker’s licence and who, following the revocation, held a real estate broker’s licence with a restriction, is also exempted from the requirements of subparagraphs 1.1, 2 and 4 of the first paragraph provided that, following the replacement or revocation, the licence has not been revoked or suspended for a period of 12 months or more and the person has completed all additional training required by the Organization of holders of a real estate broker’s licence.

O.C. 295-2010, s. 1; O.C. 157-2012, s. 1; O.C. 1058-2012, s. 1; O.C. 937-2013, s. 1; O.C. 174-2023, s. 4.

2013-10-10

1. A real estate or mortgage broker’s licence is issued to a natural person at least 18 years of age who makes an application to that effect to the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”) and, in addition to meeting the requirements set out in the Real Estate Brokerage Act (chapter C-73.2),

(1)  is a Canadian citizen, has the status of permanent resident or has a work permit issued by Canadian immigration authorities;

(1.1)  as of 1 September 2013, has passed one of the training programs recognized in an agreement between the Organization and an educational institution and that deals with the skills a broker must have, provided for in the system of reference available on the Organization’s official website, according to the licence applied for or licence restrictions;

(2)  has passed the examination under Division VII, no more than 12 months before the licence application;

(3)  if applicable, has passed all the courses or completed all the training programs required by the inspection committee under the third paragraph of section 75 of the Real Estate Brokerage Act or by the discipline committee under subparagraph 7 of the first paragraph of section 98 of that Act, or taken as a consequence of a voluntary commitment on the person’s part;

(4)  has demonstrated a knowledge of the official language of Québec appropriate to carry on the activity of broker by meeting one of the following requirements:

(a)  has passed the examination referred to in subparagraph 2, in French;

(b)  has received, full time, not less than 3 years of secondary or post-secondary instruction in French; or

(c)  has passed the fourth or fifth year secondary-level examinations in French as a first language;

(d)  has obtained, beginning in the 1985-1986 school year, a secondary school diploma in Québec;

(e)  has obtained a certificate from the Office québécois de la langue française or holds a certificate defined as equivalent by regulation of the Government, in accordance with section 35 of the Charter of the French language (chapter C-11);

(5)  has paid all fees required under this Regulation, all amounts payable to the insurance fund and the fee to be paid into the Real Estate Indemnity Fund;

(6)  if applicable, has reimbursed the Organization for any indemnity amount paid pursuant to a decision of the indemnity committee concerning the person;

(7)  if applicable, has not failed to comply with an order of the discipline committee or court made in connection with a disciplinary action or a remedy referred to in sections 35 and 128 of the Real Estate Brokerage Act, or has not failed to pay any fine and any interest, costs and charges owing to the Organization pursuant to a decision of the discipline committee or a judgment;

(8)  if applicable, has remitted, where applicable, the sum of money to the person or partnership entitled to it, in compliance with a final judgment imposing such a penalty under subparagraph 4 of the first paragraph of section 98 of the Real Estate Brokerage Act; and

(9)  if applicable, has paid every sum of money to the party to whom it is owing as a consequence of a commitment entered into during mediation or conciliation, or an arbitration award, pursuant to section 34 of the Real Estate Brokerage Act.

A person who is qualified and authorized to engage in brokerage transactions within the meaning of section 1 of the Real Estate Brokerage Act, in a province, State or territory for which an agreement of mutual recognition of professional qualifications was entered into between the Gouvernement du Québec and another government is exempted from the requirements of subparagraph 1.1 of the first paragraph.

A person who applies for a broker’s licence within 12 months after the date of a licence revocation is exempted from the requirements of subparagraphs 1.1, 2 and 4 of the first paragraph if the person has completed all additional training required by the Organization since that date or that was applicable to the person when he or she held a licence.

A person who applies for a real estate broker’s licence within 3 years after his or her real estate broker’s licence is replaced by a mortgage broker’s licence or a real estate broker’s licence with a restriction described in section 2 or after the revocation of the real estate broker’s licence and who, following the revocation, held a mortgage broker’s licence or a real estate broker’s licence with a restriction, is also exempted from the requirements of subparagraphs 1.1, 2 and 4 of the first paragraph provided that, following the replacement or revocation, the licence has not been revoked or suspended for a period of 12 months or more and the person has completed all additional training required by the Organization of holders of a real estate broker’s licence.

O.C. 295-2010, s. 1; O.C. 157-2012, s. 1; O.C. 1058-2012, s. 1; O.C. 937-2013, s. 1.

2012-12-13

1. A real estate or mortgage broker’s licence is issued to a natural person at least 18 years of age who makes an application to that effect to the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”) and, in addition to meeting the requirements set out in the Real Estate Brokerage Act (chapter C-73.2),

(1)  is a Canadian citizen, has the status of permanent resident or has a work permit issued by Canadian immigration authorities;

(1.1)  as of 1 September 2013, has passed one of the training programs recognized in an agreement between the Organization and an educational institution and that deals with the skills a broker must have, provided for in the system of reference available on the Organization’s official website, according to the licence applied for or licence restrictions;

(2)  has passed the examination under Division VII, no more than 12 months before the licence application;

(3)  if applicable, has passed all the courses or completed all the training programs required by the inspection committee under the third paragraph of section 75 of the Real Estate Brokerage Act or by the discipline committee under subparagraph 7 of the first paragraph of section 98 of that Act, or taken as a consequence of a voluntary commitment on the person’s part;

(4)  has demonstrated a working knowledge of the official language of Québec by meeting one of the following requirements:

(a)  has passed the examination referred to in subparagraph 2, in French;

(b)  has received, full time, not less than 3 years of secondary or post-secondary instruction in French; or

(c)  has passed the fourth or fifth year secondary-level examinations in French as a first language;

(d)  has obtained, beginning in the 1985-1986 school year, a secondary school diploma in Québec;

(e)  has obtained a certificate from the Office québécois de la langue française or holds a certificate defined as equivalent by regulation of the Government, in accordance with section 35 of the Charter of the French language (chapter C-11);

(5)  has paid all fees required under this Regulation, all amounts payable to the insurance fund and the fee to be paid into the Real Estate Indemnity Fund;

(6)  if applicable, has reimbursed the Organization for any indemnity amount paid pursuant to a decision of the indemnity committee concerning the person;

(7)  if applicable, has not failed to comply with an order of the discipline committee or court made in connection with a disciplinary action or a remedy referred to in sections 35 and 128 of the Real Estate Brokerage Act, or has not failed to pay any fine and any interest, costs and charges owing to the Organization pursuant to a decision of the discipline committee or a judgment;

(8)  if applicable, has remitted, where applicable, the sum of money to the person or partnership entitled to it, in compliance with a final judgment imposing such a penalty under subparagraph 4 of the first paragraph of section 98 of the Real Estate Brokerage Act; and

(9)  if applicable, has paid every sum of money to the party to whom it is owing as a consequence of a commitment entered into during mediation or conciliation, or an arbitration award, pursuant to section 34 of the Real Estate Brokerage Act.

A person who is qualified and authorized to engage in brokerage transactions within the meaning of section 1 of the Real Estate Brokerage Act, in a province, State or territory for which an agreement of mutual recognition of professional qualifications was entered into between the Gouvernement du Québec and another government is exempted from the requirements of subparagraph 1.1 of the first paragraph.

A person who applies for a broker’s licence within 12 months after the date of a licence revocation is exempted from the requirements of subparagraphs 1.1, 2 and 4 of the first paragraph if the person has completed all additional training required by the Organization since that date or that was applicable to the person when he or she held a licence.

A person who applies for a real estate broker’s licence within 3 years after his or her real estate broker’s licence is replaced by a mortgage broker’s licence or a real estate broker’s licence with a restriction described in section 2 or after the revocation of the real estate broker’s licence and who, following the revocation, held a mortgage broker’s licence or a real estate broker’s licence with a restriction, is also exempted from the requirements of subparagraphs 1.1, 2 and 4 of the first paragraph provided that, following the replacement or revocation, the licence has not been revoked or suspended for a period of 12 months or more and the person has completed all additional training required by the Organization of holders of a real estate broker’s licence.

O.C. 295-2010, s. 1; O.C. 157-2012, s. 1; O.C. 1058-2012, s. 1.

2012-09-01

1. A real estate or mortgage broker’s licence is issued to a natural person at least 18 years of age who makes an application to that effect to the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”) and, in addition to meeting the requirements set out in the Real Estate Brokerage Act (chapter C-73.2),

(1)  is a Canadian citizen, has the status of permanent resident or has a work permit issued by Canadian immigration authorities;

(2)  has passed the examination under Division VII, no more than 12 months before the licence application;

(3)  if applicable, has passed all the courses or completed all the training programs required by the inspection committee under the third paragraph of section 75 of the Real Estate Brokerage Act or by the discipline committee under subparagraph 7 of the first paragraph of section 98 of that Act, or taken as a consequence of a voluntary commitment on the person’s part;

(4)  has demonstrated a working knowledge of the official language of Québec by meeting one of the following requirements:

(a)  has passed the examination referred to in subparagraph 2, in French;

(b)  has received, full time, not less than 3 years of secondary or post-secondary instruction in French; or

(c)  has passed the fourth or fifth year secondary-level examinations in French as a first language;

(d)  has obtained, beginning in the 1985-1986 school year, a secondary school diploma in Québec;

(e)  has obtained a certificate from the Office québécois de la langue française or holds a certificate defined as equivalent by regulation of the Government, in accordance with section 35 of the Charter of the French language (chapter C-11);

(5)  has paid all fees required under this Regulation, all amounts payable to the insurance fund and the fee to be paid into the Real Estate Indemnity Fund;

(6)  if applicable, has reimbursed the Organization for any indemnity amount paid pursuant to a decision of the indemnity committee concerning the person;

(7)  if applicable, has not failed to comply with an order of the discipline committee or court made in connection with a disciplinary action or a remedy referred to in sections 35 and 128 of the Real Estate Brokerage Act, or has not failed to pay any fine and any interest, costs and charges owing to the Organization pursuant to a decision of the discipline committee or a judgment;

(8)  if applicable, has remitted, where applicable, the sum of money to the person or partnership entitled to it, in compliance with a final judgment imposing such a penalty under subparagraph 4 of the first paragraph of section 98 of the Real Estate Brokerage Act; and

(9)  if applicable, has paid every sum of money to the party to whom it is owing as a consequence of a commitment entered into during mediation or conciliation, or an arbitration award, pursuant to section 34 of the Real Estate Brokerage Act.

A person who applies for a broker’s licence within 12 months after the date of a licence revocation is exempted from the requirements of subparagraphs 2 and 4 of the first paragraph if the person has completed all additional training required by the Organization since that date or that was applicable to the person when he or she held a licence.

A person who applies for a real estate broker’s licence within 3 years after his or her real estate broker’s licence is replaced by a mortgage broker’s licence or a real estate broker’s licence with a restriction described in section 2 or after the revocation of the real estate broker’s licence and who, following the revocation, held a mortgage broker’s licence or a real estate broker’s licence with a restriction, is also exempted from the requirements of subparagraphs 2 and 4 of the first paragraph provided that, following the replacement or revocation, the licence has not been revoked or suspended for a period of 12 months or more and the person has completed all additional training required by the Organization of holders of a real estate broker’s licence.

O.C. 295-2010, s. 1; O.C. 157-2012, s. 1.