The discipline committee of the Organisme d’autoréglementation du courtage immobilier du Québec is a decision-making body created under the Real Estate Brokerage Act. It is completely autonomous and independent from the board of directors and staff of the Organisme d’autoréglementation du courtage immobilier du Québec. It hears ethical complaints brought against real estate brokers or agencies and imposes penalties on those found guilty.
The Discipline Committee is generally made up of three members : the chairman, who is a lawyer appointed by the government, and two licence holders of the Organization chosen among the brokers appointed by the OACIQ's Board of Directors for this purpose. In diciplinary law, members are judged by their peers. Hearings are public.
A disciplinary hearing may include two parts: the hearing itself, during which plaintiff and defendant will each try to prove their version of the facts, and the hearing on the penalty, if the defendant is found guilty. At this point, the Syndic's lawyer and the defence will announce the penalty deemed appropriate.
Possible penalties range from a reprimand to a fine of $1000 to $12 500, to suspension or revocation of the defendant's licence (meaning his right to practice), to the obligation to take specific training or to practice under the supervision of a real estate broker, whose choice is approved by the Syndic. A right of appeal on the file exists, meaning that a judge will render his decision in the light of items contained in the file and, as a general rule, without hearing witnesses.
|This brochure is intended for the general public and briefly describes the procedure once a complaint is lodged. This guide is not exhaustive and in no way restrict the disciplinary process, or can it be used as a reference before the discipline committee.|