Steps for appointing a new agency executive officer

An agency may sometimes need to appoint a new executive officer. For example, if the current agency executive officer is planning to retire soon, how should the agency proceed, and which form should be completed?  

NOTE: If you are looking for information about agency licence issuance, please read this article.

Required qualifications

First, the agency must ensure that the person to be appointed is qualified to act as agency executive officer1. In this regard, please read the article Mandatory basic training: Becoming agency executive officer or acting on your own account for the steps to follow to be qualified as agency executive officer.

In addition, if the person concerned has never acted as an agency executive officer before or if the person has previously acted as an agency executive officer but not in the past two years:

What is the procedure to appoint a new agency executive officer?

You must complete and send the Appointment of agency executive officer form along with the applicable fees by email to the Certification Department. The form must be signed by the current executive officer or by the director of the legal person or partnership and by the new agency executive officer.

The application will be analyzed first to validate the qualifications of the new agency executive officer. Allow approximately 5 business days for the application to be processed.

Subsequently, the Inspection Department will contact the person wishing to act in this capacity to provide him, among other things, with instructions about the Compliance Program and its implementation, if applicable. The Inspection Department may invite the new executive officer to a start-up session, based on his level of experience. 

Compliance Program

Once the person has been identified, an adequate transfer of knowledge must take place, especially regarding the running of the agency, to ensure a smooth transition.

This is why the next agency executive officer should, as soon as possible, become aware of the OACIQ's expectations from agency executive officers and ensure that a compliance program is implemented within the agency. Each agency executive officer is responsible for implementing, applying, and ensuring that all the components of the Compliance Program are applied within his agency.

Following his appointment, the new executive officer will have 30 days to develop, in writing, a compliance program if there is none already implemented within the agency or to adjust the existing one and make a commitment to comply with it. In both cases, the program must meet the requirements of the OACIQ.

Note: If your program does not meet the requirements, the Inspection Department may make recommendations and you may submit a total of three different versions (minor adjustments would not constitute a new version) .

The agency and its executive officer must act within the required time frame and cooperate with the OACIQ in this regard, so as to properly manage the agency's activities, protect the public, and ensure that the requirements of the Real Estate Brokerage Act are complied with.  If the required documents and information are not provided within the specified period, your file could be forwarded to the Inspection Committee. In addition, you may be summoned to the Office of the Syndic who may take all the measures he deems appropriate due to your failure to cooperate, including filing a disciplinary complaint.

What will happen to the agency if the agency executive officer leaves, no longer has a valid licence or loses his qualifications?

According to the regulations adopted under the Real Estate Brokerage Act, if the agency (legal person) no longer has an executive officer acting for it, the agency will have 60 days to appoint a new executive officer, otherwise the agency licence2 and those of all brokers acting on its behalf will be suspended. This is why it is crucial to take the aforementioned steps very quickly.

For more information, please contact the Certification Department at 450-462-9800 or 1-800-440-7170.


1 Section 34 of the Regulation respecting broker’s and agency licences

2 Section 16 of the Regulation respecting broker’s and agency licences

Last updated on: February 01, 2024
Numéro d'article: 208304