Obtaining a licence, a conditional privilege
Obtaining a real estate or mortgage broker title is subject to specific conditions. These are a guarantee for the public that the brokerage licence holder has not only completed a recognized training, but has also undergone a criminal record check.
Access to real estate or mortgage broker profession is governed by rules that are clearly set out in the Real Estate Brokerage Act. Section 37 states that the Organization may refuse to issue a licence (or impose conditions or restrictions thereon) if the individual or partnership applying for the licence:
- has already had his licence revoked, suspended or made subject to restrictions or conditions by the discipline committee or by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
- if the applicant has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3);
- if the applicant has previously been convicted, by a court, of an offence or an indictable offence or has pleaded guilty to such an offence which, in the Organization’s opinion, is brokerage-related; or
- has been assigned a tutor, curator or adviser.
This information must be reported to the Organization when applying for a licence. The application can then be submitted to the Licence Issue and Maintenance Committee (LIMC), which will examine and decide on the application.
Disclosing, a duty and an obligation
What to report to the Organization? Here is an overview.
A criminal act, a penal or ethical offence
If you have an ethical, penal or criminal record (except for an offence related to the Highway Safety Code and municipal by-laws), you must disclose it to the Organization when applying for a licence, regardless of the date on which you have been convicted.
An individual who does not disclose his criminal record to the OACIQ when applying for a licence might have his licence revoked due to a misrepresentation.
In addition, having an ethical, penal or criminal record does not necessarily prevent you from becoming a broker's licence holder. It’s the Committee that shall decide, first of all, whether or not the offence or criminal act in question is related to the performance of brokerage transactions.
If the committee believes that there is a link, it shall decide if the licence requested can be issued and, if so, whether it is appropriate to make it subject to conditions or restrictions.
If you have been convicted of, or pleaded guilty to a penal offence or an indictable offence for which you obtained a record suspension, you still need to report the conviction to the Organization. However the conviction will not affect the processing of your application, which will not be submitted to the Committee for that offence or act.
If you previously went bankrupt, and whether you were discharged or not, you must disclose it to the Organization and provide the documents required by the Organization to this effect. The committee may decide, due to this situation and in order to protect the public, if the licence requested can be issued and, if so, whether it is appropriate to impose conditions or restrictions thereon.
Agency executive officer’s licence
As set out in the Regulation respecting the issue of broker’s and agency licences, to be qualified as an agency executive officer, a broker must not be holder of a licence that was suspended or made subject to restrictions or conditions.
If the Committee issues a licence loaded with conditions or restrictions to you, you cannot act as an agency executive officer for the duration of conditions or restrictions.
Here are the forms to be used for reporting this information:
Similar forms for agencies are available here.