Syndic's investigation completed: what happens next?

You have been targeted by an investigation of the Syndic, who decided that filing a complaint against you is not justified. Another recourse is however available for the person who requested the investigation if he is not satisfied with this decision.

Please note that the applicant, who must be informed of the Syndic's decision not to file a complaint against you, may request an opinion from the Syndic Decision Review Committee.

The procedures for this recourse are simple: the request for an opinion from the Syndic Decision Review Committee must be sent to the Registry by the person who requested the investigation within 30 days following receipt of the Syndic's decision. Once this request is received, the Registry will send you a letter informing about it. You will also be kept informed of the nature of the opinion once it is issued.

IMPORTANT: The process before the Committee does not involve the broker. You cannot therefore present your point of view before the Committee or in writing. The Real Estate Brokerage Act (the Act) and its regulations do not provide that the broker must be informed of the request for an opinion, or get involved in the process before the Committee. However, by courtesy and to ensure greater transparency, the Registry keeps the broker informed of the process.

At this stage, your rights are not at stake: the review of Syndic's decision not to file a complaint against you by the Committee is somehow an extension of the disciplinary investigation process. When analyzing the investigation file, if the Committee believes that additional questions should be asked, it could request that the Syndic complete the investigation.

The Review Committee decision and its impacts on the broker targeted by the investigation

In its opinion, the Committee may:

• Confirm the Syndic's decision that the filing of a complaint before the Discipline Committee is not justified. Under these circumstances, you will receive a letter from the Registry informing you of the opinion issued, which will conclude the process before the Review Committee.

Suggest that the Syndic complete his investigation and render a new decision as to the validity of filing a complaint. The Committee's opinion is a recommendation that the Syndic, who is then informed of the Committee's conclusions, will decide whether or not to follow.

If the Syndic completes the investigation, he/she may either decide not to file a complaint, in such a case the applicant will receive a new letter regarding the closing of the investigation, or to file a complaint before the Discipline Committee. In both cases, you will be informed of the decision.

If the Syndic maintains its initial decision, i.e. not to file a complaint, the applicant will have the opportunity to file a decision review request with the Review Committee, if he is dissatisfied. You will then be informed of the receipt of this new review request, if applicable. The Review Committee itself will have to issue a new opinion based on the original case and further investigation.

• Conclude that the filing of a complaint before the Discipline Committee is justified and suggest the appointment of an ad hoc syndic. If a complaint is filed following the Committee's recommendation, it cannot be filed by the Syndic who initially decided not to file a complaint. The Act provides for the appointment of an ad hoc syndic by the OACIQ Board of Directors. The ad hoc syndic may decide after investigation, if applicable, whether or not to file a complaint. If a complaint is filed against you, you will be notified.

In addition to the opinions mentioned above, the Act provides that the Committee may suggest to the Syndic to forward the case to the Inspection Department.

For more information, contact the Review Committee Registry at [email protected].