C-73 - Real Estate Brokerage Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter C-73

Real Estate Brokerage Act

Chapter C-73 is replaced by the Real Estate Brokerage Act (chapter C-73.1). (1991, c. 37, s. 167).

1991, c. 37, s. 167.

DIVISION I INTERPRETATIVE PROVISIONS

1. In this Act, unless the context otherwise requires, the expression:

(a)  “real estate broker” or “broker” means any person who carries out a real estate transaction for another and for remuneration;

(b)  “real estate agent” means any natural person who, as an employee or a person authorized to act on behalf of a broker or a registered builder contemplated in section 3, carries out a real estate transaction;

(c)  “real estate transaction” means the purchase, sale, promise of purchase or sale of an immovable, the purchase or sale of such promise, the exchange or rental of an immovable, the bulk sale of a stock in trade, a loan secured by the hypothecation of an immovable, excluding any act respecting a security within the meaning of the Securities Act (chapter V-1.1);

(d)  “remuneration” includes a commission or any direct or indirect benefit, any promise of or intention to obtain a remuneration;

(e)  “permit” means a broker’s or real estate agent’s permit issued under this Act;

(f)  “registered” indicates a person holding a registration certificate issued under this Act;

(g)  “regulations” means the regulations made under the provisions of this Act;

(h)  “Superintendent” means the Superintendent of Real Estate Brokerage.

R. S. 1964, c. 267, s. 1; 1966-67, c. 75, s. 1; 1983, c. 26, s. 7, s. 14; 1985, c. 34, s. 220; 1992, c. 57, s. 532.

DIVISION II SERVICE DU COURTAGE IMMOBILIER DU QUÉBEC

2. The “Service du courtage immobilier du Québec” is hereby established in the Ministère de l’Habitation et de la Protection du consommateur.

1966-67, c. 75, s. 2; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1977, c. 5, s. 14; 1978, c. 15, s. 140; 1981, c. 9, s. 24; 1983, c. 26, s. 8.

2.1. The Service is composed of a Superintendent and of the employees required for its operation.

The Superintendent and the employees of the Service are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

Where the Superintendent is temporarily absent or unable to act, the Minister may designate any member of the staff of the Service to take over his duties in the interim.

1983, c. 26, s. 9; 1983, c. 55, s. 161.

DIVISION III PERMITS AND REGISTRATION CERTIFICATES

3. No person shall assume the title of real estate broker or act as broker or real estate agent unless he holds a permit.

Nevertheless a builder may act as a broker if he is registered.

R. S. 1964, c. 267, s. 2; 1983, c. 26, s. 14.

4. A person acts as a broker or real estate agent when

(a)  on behalf of another and for remuneration he carries out or offers or attempts to carry out a real estate transaction or shows or advertises an immoveable with a view to such a transaction; or

(b)  he offers, promises or attempts to act as a broker or real estate agent, or claims in any manner to be authorized to act in either of such capacities.

R. S. 1964, c. 267, s. 3; 1983, c. 26, s. 14.

5. Prohibition to do anything contemplated in section 4 does not apply

(a)  to practising advocates and notaries;

(b)  to liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs, in the performance of their duties;

(c)  to tutors, curators, testamentary executors, trustees and fiduciaries, in the performance of their duties;

(d)  to licensed auctioneers in the performance of their duties;

(e)  to agronomists and savings and credit unions, as regards a real estate transaction respecting a farm;

(f)  to forest engineers as regards a real estate transaction respecting a forest property or a timber limit;

(g)  to persons entitled to practise as public accountants as regards a loan secured by hypothec on an immovable or a bulk sale of a stock in trade;

(h)  to trust companies as regards immovables held or managed by them for others;

(i)  to chartered banks, Québec savings banks, savings and credit unions, insurance companies, loan companies and trust companies as regards loans secured by the hypothecation of immovables and made in their own name or in the name of their customers;

(j)  to a regular employee who, in the exercise of his principal occupation, carries out a real estate transaction on behalf of his employer when the latter is not a broker or a registered builder.

R. S. 1964, c. 267, s. 4; 1966-67, c. 75, s. 3; 1992, c. 57, s. 533.

6. (1)  Every applicant for a permit or registration certificate or for the renewal thereof shall send his application to the Superintendent in the form prescribed by regulation, with the documents and contribution to the indemnity fund prescribed by this Act and the regulations thereunder.

(1.1)  Every applicant for a broker’s permit, or registration certificate or for the renewal thereof shall also send, with his application,

(a)  his financial statements in the form prescribed by regulation;

(b)  a contract of insurance establishing, on the terms and conditions prescribed by regulation, a guaranty against professional liability which he may incur owing to his fault, error or omission or that of his employees or real estate agents in the performance of their duties;

(c)  in cases determined by regulation, an auditor’s report of the accounting of his trust account transactions, prepared by a person who is a member of a professional corporation of accountants contemplated in Schedule I to the Professional Code (chapter C-26) and signed by him, the contents and form of which and the period covered by which are determined by regulation.

(2)  Every person who, in the year preceding his application, held in a trust account an amount exceeding the amount determined by regulation, or who intends to hold such an amount therein, shall also send with his application a security as an additional guaranty to that contemplated in Division III.2.

The amount, form and terms and conditions of the security shall be determined by regulation.

(3)  The Superintendent shall issue the permit or certificate if, after investigation, he considers that the applicant has the necessary qualifications and complies with the conditions prescribed by the regulations.

(4)  No person can institute an action based on information given in good faith to the Superintendent respecting the issue or renewal of a permit or certificate.

(5)  A firm or corporation applying for a broker’s permit or a registration certificate shall

(a)  provide the Superintendent with proof of its registration or incorporation, as the case may be, and

(b)  appoint to represent it, for the purposes of this act, a representative who must possess all the qualifications required to obtain a broker’s permit and engage actively in the real estate transactions of the firm or corporation.

(6)  A trust company shall not be required to give security and shall be entitled to obtain a broker’s permit on producing its licence issued under the Act respecting trust companies and savings companies (chapter S-29.01), but the Superintendent may refuse the permit in the cases provided in section 16.

R. S. 1964, c. 267, s. 5; 1966-67, c. 75, s. 4; 1983, c. 26, s. 14; 1984, c. 47, s. 57; 1987, c. 95, s. 402; 1985, c. 34, s. 221.

7. No person may obtain a real estate agent’s permit unless he is in the employ of a broker holding a permit or of a registered builder or unless he is authorized by contract to act on their behalf.

R. S. 1964, c. 267, s. 6; 1966-67, c. 75, s. 5; 1983, c. 26, s. 14; 1985, c. 34, s. 222.

7.1. No person may be employed or authorized to act for more than one broker or registered builder.

1985, c. 34, s. 222.

7.2. The cessation of employment of the agent or, as the case may be, the breach of the contract whereby he is authorized to act on behalf of the broker or registered builder shall of itself suspend the real estate agent’s permit unless the cessation or breach results from a change of status with the same broker or registered builder.

The Superintendent, on request, may reinstate the permit when the real estate agent is again in the employ of a broker or of a registered builder or a party to a contract authorizing him to act on behalf of any of them.

1985, c. 34, s. 222.

8. Every broker or registered builder shall communicate forthwith to the Superintendent the name and address of every real estate agent who ceases to be in his employ or who ceases to act on his behalf, and also the cause of cessation of the employment or of the breach of contract.

R. S. 1964, c. 267, s. 7; 1966-67, c. 75, s. 6; 1983, c. 26, s. 14; 1985, c. 34, s. 223.

8.1. The broker or registered builder shall have the same responsibility in respect of the acts of the agent authorized to act on his behalf as in respect of the acts of the agent who is his employee.

1985, c. 34, s. 223.

9. Every permit or registration certificate is valid for the period determined by regulation.

R. S. 1964, c. 267, s. 8; 1983, c. 26, s. 10.

DIVISION III.1 RULES RESPECTING CERTAIN REAL ESTATE BROKERAGE CONTRACTS

1985, c. 34, s. 224.

9.1. This Division applies to any contract made between a natural person and a broker, lawyer or notary under which the latter agrees to act as an agent for the sale, rental or exchange of:

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

(2)  a fraction of a chiefly residential immovable subject to a declaration of co-ownership covered by articles 441b to 442p of the Civil Code of Lower Canada.

1985, c. 34, s. 224.

9.2. The contract binds the natural person only when it is recorded in a document signed by himself and the broker or his agent.

1985, c. 34, s. 224.

9.3. The contract has effect only upon receipt by the natural person of a duplicate of the contract signed by the broker or his agent.

1985, c. 34, s. 224.

9.4. The contract shall be in writing and indicate:

(1)  the names and addresses of the parties in legible characters;

(2)  the date of the contract and the address at which it was signed;

(3)  the nature of the real estate transaction in question;

(4)  the cadastral designation and identification of the immovable in question, with the building erected thereon;

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

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

(7)  the time of its expiry;

(8)  the purchase price, the exchange price or, as the case may be, the rental price of the immovable;

(9)  the nature and method of payment of the broker’s remuneration;

(10)  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 purposes of distribution to members subscribing to such a service;

(11)  any other matter determined by regulation.

1985, c. 34, s. 224.

9.5. Failing a stipulation as to the time of expiry of the contract, it shall expire 30 days after its making.

1985, c. 34, s. 224.

9.6. The contract shall contain no stipulation for automatic renewal.

1985, c. 34, s. 224.

9.7. Any agreement permitting a broker to take his remuneration in whole or in part out of funds to be held in trust is void.

1985, c. 34, s. 224.

9.8. Any agreement binding a natural person, for a fixed period after the expiry of the contract, to remunerate the broker even if the sale, rental or exchange of an immovable is made after such expiry, is void.

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

(1)  the contract is exclusive;

(2)  the sale, rental or exchange is made with a person who had an interest in the immovable during the term of the contract;

(3)  the transaction is carried out not more than 180 days after the expiry date of the contract;

(4)  during that period, the natural person did not enter into any exclusive contract for the sale, rental or exchange of the immovable with another broker.

1985, c. 34, s. 224.

9.9. The contract must specify that the broker is bound to submit to the natural person any agreement to buy, sell, rent or exchange the immovable in question.

1985, c. 34, s. 224.

9.10. Notwithstanding any stipulation to the contrary, the natural person may rescind the contract if he so desires within three juridical days of the day following that 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 rescinded by the fact of and at the moment of sending or delivery of a notice in writing to the broker.

1985, c. 34, s. 224.

9.11. A broker may not demand any remuneration after rescission of a contract effected in accordance with section 9.10 unless a sale, rental or exchange is made in accordance with section 9.8.

1985, c. 34, s. 224.

9.12. The contract may not be set aside merely because a provision thereof contravenes this division.

1985, c. 34, s. 224.

9.13. The natural person may not, by special agreement, waive the rights given him by this division.

1985, c. 34, s. 224.

DIVISION III.2 INDEMNITY FUND

1985, c. 34, s. 225.

§ 1 . — Establishment and organization

1985, c. 34, s. 225.

9.14. The “Fonds d’indemnisation du courtage immobilier” is hereby established.

1985, c. 34, s. 225.

9.15. The fund is a corporation.

1985, c. 34, s. 225.

9.16. The Government shall determine the location of the head office of the fund; a notice of its location and any change in the location of the head office shall be published in the Gazette officielle du Québec.

1985, c. 34, s. 225.

9.17. The fund shall be administered by a board of directors consisting of seven members appointed by the Government.

Three members shall be chosen from among holders of permits or registration certificates, after consultation with the Association de l’Immeuble du Québec.

Three members shall be persons who, by reason of their activities, are specially qualified to contribute towards solving problems related to real estate brokerage.

One member shall be a public servant designated by the Minister of Housing and Consumer Protection.

The Government shall fix the fees or allowances of the members.

1985, c. 34, s. 225.

9.18. The members of the board of directors shall be appointed for two years. Their terms of office may be renewed.

Each member shall remain in office at the end of his term until he is replaced or reappointed.

1985, c. 34, s. 225.

9.19. The members of the board of directors shall designate a chairman and a vice-chairman from among their number. Where the chairman is absent or temporarily unable to act, the vice-chairman shall perform his duties.

1985, c. 34, s. 225.

9.20. The fund may appoint a secretary and any other employee for the performance of its duties.

1985, c. 34, s. 225.

9.21. The secretary and the other employees shall be appointed and remunerated in accordance with the standards, scales and staffing plan established by by-law of the fund.

The by-law shall come into force from the date of its approval by the Government.

1985, c. 34, s. 225.

9.22. The board of directors may hold meetings anywhere in Québec.

A majority of board members present at a meeting constitutes a quorum.

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

1985, c. 34, s. 225.

9.23. The fund shall regulate its own procedure.

The rules come into force on the date they are approved by the Government.

1985, c. 34, s. 225.

9.24. A decision signed by all members of the board of directors has the same effect as if made at a regular meeting.

1985, c. 34, s. 225.

§ 2 . — Purpose, duties and powers

1985, c. 34, s. 225.

9.25. The purpose of the Fonds d’indemnisation du courtage immobilier is to administer a fund to guarantee the liability that may be incurred by a broker, a registered builder or an agent owing to fraud, dishonest transaction, or misappropriation of funds or other property that shall be deposited in a trust fund in accordance with this Act.

1985, c. 34, s. 225.

9.26. According to the terms and conditions and the rules determined by regulation of the Government, the fund shall

(a)  administer the indemnity fund;

(b)  rule on the admissibility for payment of claims against a broker, registered builder or real estate agent;

(c)  decide every payment or outlay to be made out of the fund;

(d)  invest the amounts constituting the fund.

1985, c. 34, s. 225.

9.27. The fund shall be constituted of

(a)  contributions imposed for that purpose and fixed by regulation of the Government;

(b)  amounts recovered from a broker, registered builder or real estate agent under a subrogation;

(c)  interest yielded on the sums of money constituting the fund;

(d)  the increase of the assets of the fund.

1985, c. 34, s. 225.

9.28. The fund is subrogated to the rights of an indemnified person up to the indemnity paid.

1985, c. 34, s. 225.

§ 3 . — Documents, accounts and reports

1985, c. 34, s. 225.

9.29. The fiscal year of the fund shall end on 31 March each year.

1985, c. 34, s. 225.

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

1985, c. 34, s. 225.

9.31. A document or a copy thereof issued by the fund or kept in its records, if signed or certified true by a person covered by section 9.30, proves itself.

1985, c. 34, s. 225.

9.32. The fund shall submit to the Minister, by 31 July of each year, its financial statements together with a report of its activities for the past fiscal year. The financial statements and report must contain all the particulars required by the Minister.

The Minister shall table the report and financial statements in the National Assembly within 30 days of their receipt, if it is sitting, or within 30 days of the resumption of a session or the opening of a new session, if it is not sitting.

1985, c. 34, s. 225.

9.33. The fund shall also provide the Minister with all particulars he requires concerning its activities.

The Minister may request from the fund any advice regarding the administration of the Act and measures designed to promote the protection of persons who are parties to real estate transactions.

1985, c. 34, s. 225.

9.34. The Auditor General shall audit the books and accounts of the fund annually and whenever the Government so orders, but the Government may designate another auditor.

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

1985, c. 34, s. 225.

9.35. The fund shall be bound to pay a claim only after all the security from a broker, registered builder or agent existing on 1 February 1989.

1985, c. 34, s. 225.

DIVISION IV KEEPING OF BOOKS AND ACCOUNTS

10. Every broker shall keep such books and accounts as are prescribed by the regulations and enter therein for each real estate transaction

(a)  its nature;

(b)  a description of the immoveable sufficient to identify it;

(c)  the amount involved;

(d)  the name of each of the parties;

(e)  each amount received as a deposit or disbursed, and

(f)  the amount of the remuneration and the name of the person paying it.

R. S. 1964, c. 267, s. 9.

11. Every broker shall keep

(a)  in his books, a trust account wherein he shall enter all amounts that he receives in the course of his business for the account of others and all disbursements chargeable to such amounts, and

(b)  in a chartered bank, Québec savings bank or trust company, an account called “trust account” in which he shall deposit exclusively the moneys received in the course of his business for the account of others and he shall not disburse such money except in accordance with the terms of his trust.

R. S. 1964, c. 267, s. 10.

11.1. The broker shall record in writing the circumstances in which the amounts paid into the trust account may be applied.

The document must bear the signature of each of the parties to the real estate transaction and that of the broker or of his agent.

1985, c. 34, s. 226.

12. A registered builder and any other person carrying out a real estate transaction for another and for remuneration shall also be subject to sections 10 to 11.1.

Notwithstanding the foregoing, any person covered by section 5 who is a member of a professional corporation within the meaning of the Professional Code (chapter C-26) whose regulations require the keeping of a trust account, prescribe its inspection or audit, and provide for the punishment of offences by a disciplinary tribunal accessible to any complainant, is not subject to sections 10 and 11.

R. S. 1964, c. 267, s. 11; 1985, c. 34, s. 227.

DIVISION V PENAL PROVISIONS

1992, c. 61, s. 246.

13. An offence is committed by

(a)  any person who contravenes this Act or the regulations;

(b)  any person who makes a false statement in an application for a permit or certificate or who does not comply with sections 10, 11 and 12;

(c)  any broker or registered builder who, directly or indirectly, pays or promises to pay a remuneration to any person who does not hold a permit to act as or assume the title of a broker or real estate agent;

(d)  any broker who obtains the payment or the promise of a remuneration for acting as such from a broker or real estate agent who does not hold a permit;

(e)  any broker or registered builder who, for the purposes of a real estate transaction,

i.  employs a real estate agent in the employ of another broker or registered builder or a real estate agent who does not hold a permit, or who authorizes him to act on his behalf; or

ii.  pays or offers or promises to pay him a remuneration;

(f)  any real estate agent

i.  who takes part in a real estate transaction on behalf of a broker or registered builder other than his employer or the employer on behalf of whom he is authorized to act by contract; or

ii.  who agrees to receive a remuneration from such broker or registered builder;

(g)  any corporation or firm holding a broker’s permit or registration certificate that acts as a broker through a person other than its designated representative, a real estate agent in its employ or authorized by contract to act on its behalf, or a broker holding a permit;

(h)  any broker, registered builder or real estate agent who, otherwise than by a writing over his signature delivered to the person concerned, makes a promise or representation that he or another person

i.  will resell or guarantee the resale of an immoveable offered for sale by him;

ii.  will buy or sell an immoveable belonging to the purchaser, or

iii.  will obtain a loan secured by hypothec, a renewal or extension of a hypothec, a lease or a renewal or extension of a lease;

(i)  any broker, registered builder or real estate agent who, having obtained the written acceptance of an offer respecting a real estate transaction, fails to send forthwith to each party a true copy of such writing;

(j)  any person entrusted with a real estate transaction who does not reveal in writing to the person whom he represents that, on his own account,

i.  he buys or offers to buy the immoveable or acquires, directly or indirectly, an interest therein,

ii.  he intends to resell it, or

iii.  he is about to arrange, is arranging or has arranged the resale or alienation thereof;

(k)  any person who obtains or agrees to obtain for a real estate transaction a remuneration based on the difference between the amount indicated by his client and that agreed to by the other party;

(l)  any person who, when performing an act covered by section 4,

i.  does not disclose a material fact;

ii.  makes a false or misleading representation.

Paragraph h shall not invalidate a promise or representation made in violation thereof.

To determine whether a representation is false or misleading, the general impression it gives and, in a fit case, the literal meaning of the terms used shall be taken into consideration.

R. S. 1964, c. 267, s. 12; 1983, c. 26, s. 14; 1984, c. 47, s. 58; 1985, c. 34, s. 228.

14. (1)  When an offence is committed, the broker, the registered builder and the real estate agent, director, manager, officer, partner, employee or representative who participated therein shall be guilty of the offence to the same extent as the person who committed it.

(2)  When a director, manager, officer, partner, employee or real estate agent of a broker or registered builder has been found guilty of an offence, the latter and his representative shall be presumed guilty thereof.

(3)  As regards the broker, the registered builder and the persons referred to in subsection 1, the books, accounts, records and other documents of the broker shall be primafacie proof of their contents for the purposes of any proceedings taken under this act and any decision reached by the Superintendent.

R. S. 1964, c. 267, s. 13; 1966-67, c. 75, s. 7; 1983, c. 26, s. 14.

15. Every permit or registration certificate and every order suspending or cancelling a permit or certificate shall be authentic if it bears the signature of the Superintendent; the same shall apply to copies or reproductions of such documents when certified by the Superintendent.

1966-67, c. 75, s. 8.

15.1. The signature of the Superintendent may, in accordance with the regulations, be reproduced in the following manner:

(a)  by means of an automatic device;

(b)  by means of an engraved, lithographed or printed facsimile. In this case, the facsimile has the same force as the signature if the document is countersigned, except in cases determined by regulation, by a person authorized by the Superintendent.

1983, c. 26, s. 11.

DIVISION VI ADMINISTRATIVE AND PENAL SANCTIONS

1992, c. 61, s. 247.

16. The Superintendent may suspend or cancel the permit or certificate of a broker, real estate agent or builder who

(a)  has committed an offence against this act or the regulations;

(b)  has ceased to be qualified to hold his broker’s or real estate agent’s permit or his registration certificate;

(c)  has been convicted of a criminal offence in connection with the occupation of broker, real estate agent or builder; or

(d)  is engaged in a profession or occupation not permitted by the regulations.

Before cancelling a permit or a certificate for the reasons contemplated in subparagraphs a, b and d, the Superintendent shall permit the holder to be heard.

R. S. 1964, c. 267, s. 14; 1966-67, c. 75, s. 9; 1983, c. 26, s. 14; 1986, c. 95, s. 117.

16.1. The bankruptcy of a person holding a broker’s permit or a registration certificate entails, by operation of law, the cancellation of the permit or registration certificate, as the case may be.

The bankruptcy of a person acting as the representative of a firm or corporation holding a broker’s permit or a registration certificate makes such person unable to act as a representative and suspends, by operation of law, the broker’s permit or the registration certificate of the firm or corporation. The Superintendent may revive the broker’s permit or the registration certificate if the firm or corporation designates a new representative in accordance with this Act.

1984, c. 47, s. 59.

17. Any person found guilty of an offence against this Act or a regulation thereunder is liable to a fine of $250 to $5 750 in the case of an individual and $475 to $23 000 in the case of a corporation.

In the case of a subsequent conviction, the fines provided for in the first paragraph shall be $475 to $11 500 in the case of an individual and $925 to $47 500 in the case of a corporation.

In determining the amount of the fine, the court shall take into account the economic harm, if any, caused by the offence to the individuals dealing with the offender, and the benefit the offender derived from committing the offence.

R. S. 1964, c. 267, s. 15; 1966-67, c. 75, s. 10; 1984, c. 47, s. 60; 1986, c. 58, s. 30; 1990, c. 4, s. 357.

18. (Repealed).

R. S. 1964, c. 267, s. 16; 1966-67, c. 75, s. 11; 1992, c. 61, s. 248.

19. (Repealed).

R. S. 1964, c. 267, s. 17; 1990, c. 4, s. 358.

DIVISION VII REGULATIONS

20. The Government may make regulations to determine

(a)  the qualifications required of any person applying for a permit or registration certificate or a renewal or reinstatement, the conditions he must comply with, the financial statements, the information and the documents he must produce, the courses and professional training programs he shall take, the case where he shall undergo an examination and the fees he must pay;

(a.1)  classes of broker’s permits and of registration certificates, in order to determine the amount, the form, the terms and conditions of the professional insurance contract to be supplied by every applicant for a broker’s permit or registration certificate or its renewal;

(b)  the form and tenor of applications for permits and registration certificates or applications for renewal;

(b.1)  the classes of permits or registration certificates, in order to establish their conditions of issue or renewal or their duration;

(c)  the issue of a broker’s permit to a trustee in bankruptcy or liquidator or to the testamentary executor or heirs of a deceased holder, but only for the time required to permit of the sale or liquidation of the business;

(d)  the manner of keeping the books, accounts and records of brokers and registered builders and their inspection by the Superintendent;

(e)  the occupations or professions that a broker, registered builder or real estate agent may engage in;

(f)  the information and documents that a broker, registered builder or real estate agent must give to the parties to any real estate transaction;

(g)  the advertising and representations of brokers, registered builders and agents;

(g.1)  the obligations of brokers, registered builders and agents with respect to the truthfulness of their representations;

(h)  the documents to which the signature of the Superintendent may be affixed by means of an automatic device and those on which a facsimile of his signature may be engraved, lithographed or printed and the conditions on which it may be so reproduced;

(i)  the cases where the facsimile of the Superintendent’s signature has the same force as the original without being countersigned;

(j)  the form and the minimum content of the real estate brokerage contract covered by Division III.1 after consultation with the Association de l’Immeuble du Québec;

(k)  the value of the bank balance of a trust account in excess of which a security is exigible from a broker or registered builder;

(l)  the amount, the form and the terms and conditions of the security to be provided by every person applying for a broker’s permit or registration certificate or the renewal thereof, according to the amounts he has held or intends to hold in a trust account;

(m)  the cases where a person applying for a broker’s permit or registration certificate or the renewal thereof shall provide an auditor’s report of the accounting of its trust account transactions, and the content and form of the report and the period it shall cover;

(n)  the terms and conditions applicable to claims made to and indemnities paid by the fund, such terms and conditions varying according as the claim or indemnity pertains to fraud or a fraudulent transaction, or to an embezzlement of funds or other property that must be deposited in a trust account in accordance with this Act;

(n.1)  the maximum amount of the indemnities the fund may pay with regard to the same claim, such maximum amount varying according as the claim pertains to fraud or a fraudulent transaction, or to an embezzlement of funds or other property that must be deposited in a trust account in accordance with this Act;

(n.2)  the rules governing the administration and investment of the amounts constituting the fund;

(o)  the contributions to the fund, and the terms and conditions of payment thereof, made by a person applying for a permit or a registration certificate or the renewal thereof, and the classes of permits and registration certificates for the purpose of fixing the contributions to be paid upon the establishment of the fund;

(p)  special contributions to the fund, and the terms and conditions of payment thereof, made by every person holding a permit or a registration certificate in force when the amount constituting the fund is less than the minimum amount fixed;

(q)  the conditions enabling the Minister to authorize the fund to use the interest yielded on the sums of money constituting it for the purposes of research, training and information in the field of real estate brokerage or in related activities.

The regulations shall come into force on their publication in the Gazette officielle du Québec or on such later date as is fixed therein.

R. S. 1964, c. 267, s. 18; 1966-67, c. 75, s. 12; 1983, c. 26, s. 12, s. 14; 1984, c. 47, s. 61; 1985, c. 34, s. 229; 1987, c. 101, s. 1; 1985, c. 34, s. 229.

21. The Superintendent is vested with the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment, for the investigation of any fact relating to the exercise of his functions.

The Superintendent or the representative designated by him in writing may, to ascertain compliance with this Act and the regulations,

(1)  enter, at any reasonable time, the establishment of a broker or real estate agent;

(2)  examine and make copies of the books, registers, accounts, records and other documents containing information relating to his activities as a broker or real estate agent;

(3)  require any information relating to the administration of this Act and the production of any document relating thereto.

Every person having the custody, possession or control of such books, registers, accounts, records and other documents must, if so required, give communication thereof to the Superintendent or authorized person and facilitate his examination of the same.

R. S. 1964, c. 267, s. 19; 1966-67, c. 75, s. 13; 1983, c. 26, s. 14; 1986, c. 95, s. 118; 1992, c. 61, s. 249.

21.1. The Superintendent or the representative designated by him in writing shall, if so requested when exercising his powers of inspection, identify himself and produce a certificate of his capacity.

1986, c. 95, s. 119.

22. The Superintendent may exercise the powers provided in section 21 with respect to any person who has done anything referred to in section 4, unless such person is a member of a professional corporation the by-laws of which require the keeping of a trust account, require it to be inspected and provide for the repression of infringements by a disciplinary jurisdiction accessible to any complainant.

R. S. 1964, c. 267, s. 20; 1966-67, c. 75, s. 14.

DIVISION VIII MISCELLANEOUS

23. The Minister of Housing and Consumer Protection is responsible for the administration of this Act.

R. S. 1964, c. 267, s. 21; 1969, c. 26, s. 115; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1983, c. 26, s. 13.

24. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 267 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-73 of the Revised Statutes.