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C-73.2 - Real Estate Brokerage Act

Section 38
Disposition versions

Full text
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker’s licence holder, the business corporation within which he or she carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is related to brokerage transactions, or has pleaded guilty to such an offence; or
(4)  is under tutorship or under a protection mandate.
2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25; 2018, c. 23, s. 434; 2020, c. 11, s. 186.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker’s licence holder, the business corporation within which he or she carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is related to brokerage transactions, or has pleaded guilty to such an offence; or
(4)  has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25; 2018, c. 23, s. 434.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker, the business corporation within which the broker carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is brokerage-related, or has pleaded guilty to such an offence; or
(4)  has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker, the business corporation within which the broker carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or act which, in the Organization’s opinion, is brokerage-related, or has pleaded guilty to such an offence or act; or
(4)  has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38; 2010, c. 40, s. 17.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence
(1)  if the holder’s licence has previously been revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  if the holder has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);
(3)  if the holder has previously been convicted by a court of law of an offence or act which, in the Organization’s opinion, is brokerage-related, or has pleaded guilty to such an offence or act; or
(4)  if the holder has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38.
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