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

Section 34 Disposition versions

2023-03-23

34. A person is qualified as an executive officer of a real estate agency if the person

(1)  holds a real estate broker’s licence that is neither suspended nor subject to restrictions or conditions unless it is a restriction referred to in section 2;

(2)  meets either of the following conditions, showing that the person has the experience necessary to manage an agency:

(a)  if the person is a person referred to in section 146 of the Real Estate Brokerage Act (chapter C-73.2), the person may act for his or her own account and has carried on the activity of real estate broker for at least 3 of the last 5 years;

(b)  the person has carried on the activity of real estate broker in an agency for at least 3 of the last 5 years;

(3)  meets any of the following conditions, showing that the person is qualified to manage the professional activities of a licence holder:

(a)  has passed one of the training programs recognized in an agreement between the Organization and an educational institution and that deals with the skills an executive officer of a real estate agency must have, provided for in the system of reference available on the Organization’s official website and has passed, in accordance with Division VII, the examination for executive officers of real estate agencies;

(b)  has qualified as an executive officer of a real estate agency for 3 of the last 5 years;

(c)  is authorized to represent, direct or qualify a person or partnership that engages in brokerage transactions described in section 3.1 of the Real Estate Brokerage Act through the intermediary of natural persons authorized to engage in such transactions in a province, state or territory for which an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government; and

(4)  after qualifying as an executive officer of a real estate agency, has taken and, where applicable, passed all continuing or additional training required for some or all brokers to qualify as agency executive officers.

To maintain qualification, an executive officer of a real estate agency must continue to meet the requirements of subparagraphs 1, 2 and 4 of the first paragraph.

O.C. 295-2010, s. 34; O.C. 157-2012, s. 12; O.C. 937-2013, s. 5; O.C. 174-2023, s. 21.

2013-10-10

34. A person is qualified as an executive officer of a real estate or mortgage agency if the person

(1)  holds a real estate or mortgage broker’s licence that is neither suspended nor subject to restrictions or conditions unless it is a restriction referred to in section 2;

(2)  is able to act for his or her own account;

(3)  meets either of the following conditions, showing that the person is qualified to manage the professional activities of brokers and agencies:

(a)  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 real estate or mortgage broker agency executive officer must have, provided for in the system of reference available on the Organization’s official website and has passed, in accordance with Division VII, the examination for executive officers of real estate or mortgage agencies;

(b)  has qualified as an executive officer of a real estate or mortgage agency for 3 of the last 5 years; or

(c)  is authorized to represent, direct or qualify a person or partnership that engages in brokerage transactions within the meaning of section 1 of the Real Estate Brokerage Act (chapter C-73.2) through the intermediary of natural persons authorized to engage in such transactions in a province, state or territory for which an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government; and

(4)  after qualifying as an executive officer of a real estate or mortgage agency, has taken and, where applicable, passed all additional training required for some or all brokers to qualify as agency executive officers.

To maintain qualification, an executive officer of a real estate or mortgage agency must continue to meet the requirements of subparagraphs 1, 2 and 4.

O.C. 295-2010, s. 34; O.C. 157-2012, s. 12; O.C. 937-2013, s. 5.

2012-09-01

34. A person is qualified as an executive officer of a real estate or mortgage agency if the person

(1)  holds a real estate or mortgage broker’s licence that is neither suspended nor subject to restrictions or conditions;

(2)  is able to act for his or her own account;

(3)  meets either of the following conditions, showing that the person is qualified to manage the professional activities of brokers and agencies:

(a)  has passed, in accordance with Division VII, the examination for executive officers of real estate or mortgage agencies;

(b)  has qualified as an executive officer of a real estate or mortgage agency for 3 of the last 5 years; or

(c)  is authorized to represent, direct or qualify a person or partnership that engages in brokerage transactions within the meaning of section 1 of the Real Estate Brokerage Act (chapter C-73.2) through the intermediary of natural persons authorized to engage in such transactions in a province, state or territory for which an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government; and

(4)  after qualifying as an executive officer of a real estate or mortgage agency, has taken and, where applicable, passed all additional training required for some or all brokers to qualify as agency executive officers.

To maintain qualification, an executive officer of a real estate or mortgage agency must continue to meet the requirements of subparagraphs 1, 2 and 4.

O.C. 295-2010, s. 34; O.C. 157-2012, s. 12.