Licence Issue and Maintenance
2 Rights to practise in real estate brokerage
The rights to practise determine the real estate brokerage activities that brokers are authorized to perform under their licence.
2.1 – Types of practice rights
The rights to practise that may be granted by the licence are the following:
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Residential real estate brokerage
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Commercial real estate brokerage
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Residential and commercial real estate brokerage
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Right to practise in residential real estate brokerage
The residential1 real estate broker may engage in real estate brokerage transactions involving:
- A chiefly residential immovable containing less than 5 dwellings
- A vacant residential lot
- A fraction of a residential immovable such as a divided or undivided co-ownership property
The broker may also:
- Act as an intermediary for the leasing of a dwelling, regardless of the number of dwellings in the immovable
- Put a client in contact with a mortgage lender2
1 Section 3 of the Regulation respecting broker’s and agency licences.
2 Act respecting the distribution of financial products and services (CQLR c. D-9.2)
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Right to practise in commercial real estate brokerage
The commercial1 real estate broker may engage in real estate brokerage transactions involving:
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· A commercial immovable
- A vacant commercial lot
- An enterprise whose assets are principally immovable property
The broker may also
- · Act as an intermediary for commercial leasing
- Put a client in contact with a mortgage lender2
1 Section 4 of the Regulation respecting broker’s and agency licences
2Act respecting the distribution of financial products and services (CQLR c. D-9.2)
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Right to practise in residential and commercial real estate brokerage
The real estate broker who holds both practice rights may carry out all residential and commercial real estate brokerage activities. For more details, see this FAQ.
Deepening reflection on one's right to practise and skills ↓
2.2 – Licence modification
It is possible to apply for a licence modification in order to:
- Change one’s method of practice:
- Act on one’s own account or for a real estate agency
- Add or remove a right to practise: residential or commercial
Obtaining a new right to practise
- Successfully complete the basic training program recognized by the OACIQ
- Pass the OACIQ certification exam
- Request that the new right to practise be added to his licence
Adding a new right to practise to the licence
- Complete an Application for licence modification (PDF)
- Pay the applicable fees
- Send the application to the Certification Department
ESSENTIEL POINT
The annual licence maintenance fees remain the same regardless of whether a practice right is added or removed.
However, this modification requires changes to the real estate broker's advertisements and may have an impact on the training activities to be completed under the Mandatory Continuing Education Program (MCEP).
2.3 – Obligation to take the limits of one’s knowledge into account
Regardless of their right to practise, real estate brokers must always take into account:
- Their aptitudes
- Limits on knowledge
- Means available to act in a real estate transaction
PROHIBITED PRACTICE
Real estate brokers must not agree to engage in a real estate brokerage transaction that is outside of their field of expertise without seeking the necessary assistance, including from a professional who has the required skills.1
1 Section 73 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
Deepening reflection on one's right to practise and skills ↓
To determine whether their right to practise and skills allow them to act, real estate brokers may ask themselves various questions:
Knowledge and resources
- Do I have a good understanding of the property's specific features?
- Do I have the necessary resources for this transaction?
- Should I refer the client to a colleague or an expert (for example a notary, land-surveyor, building inspector, etc.)?
Number of dwellings
- Are there less than 5 dwellings (residential)?
- Are there 5 or more dwellings (commercial)?
Vacant lot
- What is the intended use of the lot at the time of its sale: residential or commercial?
Main use of the immovable
- Is it a mixed-use building (e.g., commercial premises on the ground floor and residential dwelling upstairs)?
- Is it chiefly residential or commercial?
Agricultural property ↓
Is a brokerage transaction involving an agricultural property considered part of commercial brokerage?
A: Yes. However, the transaction will be considered part of residential brokerage if the property–even if it is located in an agricultural zone–is used primarily for residential purposes and the agricultural aspect is secondary (e.g., a small farmhouse used primarily as a residence by its occupants and not as a farm).
Mixed-use building ↓
Can a real estate broker restricted to residential brokerage act as an intermediary in a transaction involving an immovable containing less than five dwellings whose surface area is divided equally between residential use and commercial use?
A: Yes. However, this type of situation may involve specific considerations that go beyond the real estate broker’s knowledge or experience. It is therefore good practice to seek the appropriate assistance when needed, in accordance with section 73.
- Reference number
- 215162
- Last update
- June 3, 2026