Labour mobility and special authorizations

To facilitate the mobility of professionals from outside Québec, the OACIQ may issue a licence or a special authorization to qualified persons authorized to practise real estate brokerage, in another province or territory of Canada, or in another State.

Labour mobility facilitates access to practice in Québec but does not allow Québec’s rules to be circumvented.

CONCRETE EXAMPLE

If a person is already qualified and licensed to practise as a real estate broker elsewhere, the OACIQ may recognize their qualifications.

POINT OF CAUTION

Under the Real Estate Brokerage Act and its regulations¹, the real estate brokerage practice in Québec is regulated by the OACIQ
Leasing brokerage is no longer reserved for real estate brokers. However, real estate brokers or agencies from outside Québec are still required to obtain a licence or special authorization from the OACIQ to carry out leasing brokerage activities in Quebec²

¹ Regulation respecting broker’s and agency licences.

² Act to amend various legislative provisions mainly concerning the financial sector, SQ 2021, c. 34, s.55.

Labour mobility in Canada

In Canada, labour mobility is provided in the Canadian Free Trade Agreement (CFTA).

To benefit from it, applicants must:

Hold a valid licence in their Canadian province or territory
Any application is assessed on a case-by-case basis by the OACIQ

The OACIQ may notably request:

The applicant's licence history from the regulator of origin
Proof of experience with real estate transactions

It should be noted that under the CFTA, certain conditions may apply, especially when an applicant has not practised the profession for a certain period.

Obtaining an OACIQ licence “licence for a licence”

The OACIQ may issue an equivalent licence if the applicant:

Holds a valid licence elsewhere in Canada
Submits an Interprovincial Examination Application (PDF)
Passes the interprovincial challenge examination
Demonstrates their knowledge of French language
Meets other licence issuance conditions

Special authorization

A special 12-month authorization can be granted for punctual and occasional brokerage transactions in Québec³. It concerns:

Real estate brokers or agencies from another jurisdiction or country
Situations that do not fall within the scope of labour mobility

³ S. 40 and following of the Regulation respecting broker’s and agency licences.

ESSENTIEL POINT

The application for special authorization must:

Be emailed to [email protected]
Along with the payment of applicable fees
And include the following:
- The applicant’s name and contact information
- Proof of holding a valid licence elsewhere
- The nature of the proposed brokerage activities, including the property involved and the term of the brokerage contract
- The name of in the real estate broker in Québec, who will assist the applicant in his or her activities and who holds a trust account
- A statement by the applicant undertaking to abide by the limits of the authorization

REGULATORY REQUIREMENTS

Obligations during the special authorization

During its validity, the licensee must, among other things:

Maintain a valid licence in their jurisdiction of origin
Respect all the obligations applicable to OACIQ licensees
Deposit all sums entrusted to him into a trust account maintained by an OACIQ licensee, if applicable
Be assisted by an OACIQ licensee designated by the OACIQ or chosen by the applicant
Inform the OACIQ in writing of any change affecting their right to practise elsewhere

Mandatory statements

The holder of the special authorization must clearly indicate in all their representations and advertising:

The jurisdiction where the holder is authorized to carry out brokerage activities
That the holder has a special authorization to engage in brokerage transactions in Québec
The limits of this special authorization

In addition, the holder must immediately inform in writing every person with whom the holder is dealing in connection with real estate brokerage activities in Québec of the special authorization and its limits.