1. Privacy Laws
In the performance of their activities, real estate licensees handle personal information pertaining to their clients, parties to a transaction or individuals working for them.
One of the basic rights proclaimed by the Charter of Human Rights and Freedoms is the right to privacy. Each individual has the right to control access to and sharing of his or her information.
To ensure that this fundamental right is respected, legislation imposes several rules relating to the handling of personal information that businesses may have in their custody or control.
This is the case of the Real Estate Brokerage Act and its regulations, the Civil Code of Québec and the Act respecting the protection of personal information in the private sector (Act respecting the private sector), which provide for certain obligations that are specifically imposed on licensees regarding the protection of personal information. In addition, licensees must also comply with the Personal Information Protection and Electronic Documents Act, which governs the communication of personal information outside Québec.
A licensee who fails to comply with these rules may be exposed to ethical, civil and penal sanctions.
Adopted The National Assembly in 2021, the Act to modernize legislative provisions as regards the protection of personal information whose most provisions came into force on September 22, 2023, to modernize the Act respecting the private sector and adapt it to the latest technological developments and other trends that characterize today's society, This Act gives individuals more rights and imposes new obligations on businesses. Licensees must adapt their internal practices to comply with this new regulation.
All of these laws apply regardless of the context in which the licensee collects, holds, uses, communicates or retains personal information in the course of his or her professional activities. Whether when soliciting potential clients, signing a brokerage contract, presenting a promise to purchase, verifying identity, etc., the licensee must ensure the protection of the personal information he or she holds.
