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Licence Issue and Maintenance

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5 Real estate broker’s licence status

The licence status indicates whether a real estate broker holds a valid licence and is authorized to practise. The status is indicated in the Register of licence holders.

A real estate broker with a valid licence may carry out real estate brokerage transactions according to the right to practise conferred by that licence.

PROHIBITED PRACTICE

If a licence is “suspended” or “revoked,” no real estate brokerage activities can be carried out. 

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Acts reserved for holders of a valid licence 

  • Signing real estate brokerage transaction documents
  • Using OACIQ brokerage forms
  • Attending a building inspection
  • Going to the notary’s
  • Providing after-sales service
  • Using the title of a real estate broker
  • Advising clients
  • Engaging in real estate advertising or representations
  • Showing properties to buying clients

5.1 – Licence suspension 

The licence suspension1 means that the real estate broker’s right to practise is suspended for a determined period.

1 Article 15 du Regulation respecting broker’s and agency licences.

Possible suspension reasons

  • Voluntary suspension by the real estate broker
  • Ceasing of activities (e.g. career change or retirement)
  • Failure to complete a training activity further to an undertaking
  • Failure to update one’s photo every five years
  • Failure to complete one’s Mandatory Continuing Education Program
  • Failure to update one’s personal information in accordance with the regulation
  • Failure to pay an administrative monetary penalty
  • Failure to pay an amount imposed by a decision of the OACIQ Discipline Committee
  • Suspension or revocation of the licence of the real estate agency on behalf of which the broker acts
  • Suspension by order of the OACIQ Discipline Committee
  • Suspension by order of the OACIQ Licence Issue and Maintenance Committee
  • Failure to meet all the requirements of section 15 of the Regulation respecting broker’s and agency licences

REGULATORY REQUIREMENT

No real estate brokerage activities are permitted during the suspension period;  violations are subject to disciplinary action.

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ESSENTIEL POINT

If brokerage contracts are in progress at the time of suspension, the real estate broker must, in coordination with his real estate agency, notify his clients immediately.2 Read this article for the procedure to follow.

2 Section 24 Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

Obligations during the licence suspension

A real estate broker whose licence is suspended while he is acting on behalf of an agency must: 

  • Disclose his status and interest when acting as a party to a real estate transaction
  • Keep his own register of disclosure notices
  • Send this register to the OACIQ by March 31 of the following year
  • ·        keep the notice(s) given in a single record

Fees and maintenance of a suspended licence

  • No refund of fees if the licence is suspended during the year  
  • If the suspension period straddles the April 30, the licence maintenance fees must be paid to keep the suspended licence, otherwise, it will be revoked

Lifting of suspension

Once the applicable suspension lifting and regulatory conditions have been met: 

  • It is possible to apply for the lifting of licence suspension
  • Pay the applicable fees
  • Send the required form to the Certification Department

5.2 – Licence revocation

A revoked licence1 means that the person no longer holds a real estate broker’s licence. 

1 Section 19 of the Regulation respecting broker’s and agency licences.

Possible revocation reasons

  • Voluntary revocation request  career change, retirement, sabbatical year, etc.
  • Failure to pay the annual applicable fees
  • Failure to pay a fine imposed by the Discipline Committee
  • Failure to meet the requirements of section 19 of the Regulation respecting broker’s and agency licences.
  • Revocation by order of the OACIQ Discipline Committee or the Licence Issue and Maintenance Committee

Professional liability insurance

If the licence is revoked a pro‑rated refund of the professional liability insurance premium is issued for the remaining months, according to the terms of the insurance policy.

REGULATORY REQUIREMENT

No real estate brokerage activities are permitted during revocation; violations will lead to penal proceedings for illegal brokerage.  

ESSENTIEL POINT

At the time of his licence REVOCATION, the real estate broker must, in coordination with his real estate agency, notify his clients2 immediately, according to this procedure.

2 Sections 24 to 26 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

5.2.1 – Acquired rights period

Following the licence revocation, a 12-month period of acquired rights is provided.  

During this period, the real estate broker whose licence is revoked may:

  • Apply for a new real estate broker’s licence in the same category by fulfilling the requirements. He must therefore have earned the continuing education units (CEUs) required during his acquired rights period, based on the date his acquired rights began. Read this article for more details.
  • Maintain his acquired rights for an additional year, either:

POINT OF CAUTION

If the licensee does not take one of the two steps mentioned above within the 12-month period following his licence revocation, the acquired rights will be lost permanently.

To return to practice, the person must: 

  • Complete a basic training program recognized by the OACIQ and pass the certification examination prior to being able to apply for a licence again

Exception: If the basic training was completed after September 1, 2013, only the successful completion of a new skills-based certification exam is required (paragraph 1.1 of the Regulation respecting broker’s and agency licences).

File submitted to the Licence Issue and Maintenance Committee (LIMC)

When a licence application is submitted, the file will be forwarded to the Licence Issue and Maintenance Committe (LIMC) after a review of the declarations and background.  

When a person's acquired rights are about to expire, they must pay the applicable fees to maintain them If the committee's decision is favorable, these fees will be reimbursed. 

Maintaining acquired rights for an extra year

It is possible to maintain acquired rights each year, provided that the  the conditions set out in the regulation1 are met, including:

  • Having completed all training activities imposed by the Inspection Committee or the Discipline Committee, or arising from a commitment
  • Having reimbursed the OACIQ for any indemnity amount paid pursuant to a decision by the Indemnity Committee
  • Not having failed to comply with an order of the Discipline Committee or a court, or to pay any fine and any interest, costs and charges owing to the OACIQ pursuant to a decision of the Discipline Committee or to a court decision

1 Stated in paragraphs 1, 3 and 5 to 9 of section 1 of the Regulation respecting broker’s and agency licences

KEY POINT

The fees to maintain one’s acquired rights vary depending on the date the licence was revoked and  are prorated based on the months remaining until April 30.

The earlier in the year the revocation is made (e.g. June to april), the higher the fees.

 Maintaining your acquired rights or returning to practice

5.3 – Licence made subject to conditions or restrictions

A real estate broker’s licence can be made subject to conditions or restrictions:

The conditions or restrictions are indicated in the Register of licence holders under under “Disciplinary notices and statements,” and specify the nature and duration. 

REGULATORY REQUIREMENT

Licensees who fail to abide by the conditions or restrictions imposed will have their right to practise suspended until the permit holder complies.

Situations examined by the LIMC 

Following the updating of personal information by a real estate broker or during a licence application, some cases may be submitted to the LIMC,1 including:

  1. Cases involving bankruptcy (assignment of property or receiving order)
  2. Cases involving guardianship and protection mandate
  3. Situations where a candidate or real estate broker has had their licence revoked, suspended, or made subject to conditions or restrictions in the past by the OACIQ Discipline Committee or by a body in another province or State responsible for overseeing and monitoring real estate brokerage
  4. Cases involving conviction by a court or guilty plea to an offence or indictable offence which, in the OACIQ’s opinion, has a link with the practice of real estate brokerage
  5. Cases where the LIMC must assess whether the real estate broker or agency possesses the probity required to carry out their activities 

To that end, the LIMC may review any relevant case related to the probity assessment, such as: 

  • Any disciplinary record from another regulator
  • Any criminal or penal charges
  • Or whether any administrative or civil judgments have been rendered against them 

Where the protection of the public so warrants, the LIMC may decide to impose one of the measures provided for in the regulation1, namely:

  • Refusing to issue a licence
  • Revoking a licence
  • Imposing conditions or restrictions, just like the OACIQ Discipline Committee as part of a disciplinary sanction

1 Sections 37, 38 et 98 of the Real Estate Brokerage Act.


Examples of conditions or restrictions

Imposed by

Condition or restriction

Period

LIMC

Prohibition from acting on one’s own account or as agency executive officer

Sending the final statement of bankruptcy to the OACIQ Registry

For a specified period of 1, 2 or 3 years following the notification of the decision for instance

Within 6 months of notification of the decision

Discipline Committee Completing a training activity required by the OACIQ Period set by the decision, in addition to any training activities required under the continuing education program
Reference number
215165
Last update
June 3, 2026