Licence Issue and Maintenance
The essence of this page
3 Real estate broker’s mode of practice
The mode of practice refers to the way in which a real estate broker carries out their activities–within a real estate agency or on their own account. Where applicable, specific rules and obligations apply.
3.1 – Real estate broker acting on behalf of a real estate agency
- Carry out their activities under the supervision of an agency executive officer
- Undertake to abide by the compliance program of the real estate agency
Responsibilities and obligations
- The real estate agency ensures the keeping, use, and conservation of records, books, and registers related to brokerage activities.
- The real estate broker must immediately provide the real estate agency with all the necessary information to that end.1
1 Section 1 of the Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies.
3.1.1 – Practising within a business corporation
Conditions to respect
To be authorized, the broker must:
- Complete an Application for authorization to practise within a business corporation(PDF), which is:
- Signed by his agency executive officer
- Submitted to the OACIQ with all required documents
- Pay the applicable fees
Misrepresentations
In the event of misrepresentation, the authorization will be withdrawn immediately1.
1 Section 34.2 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising
To encourage real estate brokers to think before or during the operation within a business corporation ↓
Regulatory requirements
To practise within a business corporation, a real estate broker must:
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Have a business corporation registered in Québec
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Control at least 90% of the voting rights attached to the corporation’s shares
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Be the president of the corporation
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Act exclusively for the real estate agency through the corporation
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The name of the corporation must:
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Include the real estate broker’s full name as indicated on the licence
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Exclude the name of a third party or the word “agency”
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Not be confusing
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Any requirement that has not been met must be rectified within 15 days of. Otherwise, the real estate broker will no longer be authorized to carry out his activities within a business corporation.
KEY POINTS
If the real estate broker is not the sole shareholder, he must provide:
- The names of all other shareholders
- Their percentage of the voting rights
The other shareholders may not carry out any real estate brokerage activities within this corporation
3.1.2 – Change of real estate agency or mode of practice
When real estate brokers decide to change their mode of practice, change real estate agencies, or practise within a business corporation at a real estate agency, there are several impacts on their licence and obligations that must be taken into consideration, notably regarding advertising.
The real estate brokers must:
To change real estate agencies:
- Complete the form Notice of change of real estate agency (PDF)
- Enter the physical address where they will be carrying out their activities
- Indicate the address of the authorized representative, if applicable
- Include the payment of applicable fees
To change their mode of practice in order to act on their own account:
- Complete an Application for licence modification – Real estate broker (PDF)
- Enter the physical address where they will be carrying out their activities
- Indicate the address of the authorized representative, if applicable
- Include the payment of applicable fees
- Ensure that they have completed all training activities required for this change
POINT OF CAUTION
It is advisable to avoid these changes during a transaction due to their impacts on brokerage contracts in progress. Clients under a brokerage contract must be notified immediately and in writing.
- Take into account his aptitudes and limits on knowledge
- Manage his establishment
- Ensure the keeping, use and conservation of records, books, and registers
- Abide by the obligations related to trust accounting
How to join a real estate agency?
Complete and send to the Certification Department:
- The Application for licence modification – Real estate broker (PDF)
→ signed by the agency executive officer or an authorized signatory of the agency
→ along with the payment of applicable fees - The Mandatory declaration • Ceasing of activities by a real estate agency or by a real estate broker acting on his own account
→ as well as all required documents
PROHIBITED PRACTICE
The real estate broker acting on his own account cannot:
- Hire other real estate brokers
- Act under a pseudonym
- Operate within a business corporation
3.2.1 – Conditions to act on one's own account
| Licence obtained AFTER May 1, 2010 | May act on their own account if they have passed a competency-based exam. |
| Licence obtained before May 1, 2010 (former “affiliated real estate agent”) |
May act on their own account if they meet one of the following conditions:
In all cases:submit the Application for licence modification – Real estate broker (PDF) to the OACIQ Certification Department, along with the applicable fees. Otherwise, the real estate broker will have to retake these training courses before being able to act on his own account. |
| Licence obtained BEFORE May 1, 2010 (former “certified real estate agent”) | May act on their own account. |
3.2.2 – Real estate broker acting on their own account
| Handling brokerage transactions |
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| Management of an establishment | They must manage an establishment according to regulatory requirements. |
| Trust account |
If the situation changes, the broker must immediately notify the OACIQ in writing and comply with the obligations related to trust accounts. Read this article for more details. |
| Start-up session | He must attend a mandatory meeting with the OACIQ Inspection Department. |
| Inspection questionnaire |
Complete the annual questionnaire before March 31. If not, the broker may be subject to administrative monetary penalties.1 1 Sections 7 and 38 of the Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies (c. C-73.2, r.4) |
| Compliance program | The broker must develop and implement a compliance program that meets OACIQ requirements |
| Prohibitions |
⊗ He cannot hire other real estate brokers ⊗ He cannot act under a pseudonym ⊗ He cannot carry out activities through a business corporation |
| Back to practising within an agency |
The broker must complete and send:
|
1 – Does the name of the business corporation comply with the rules?
The name of the corporation must include the real estate broker’s full common name as it appears on his licence, and not only his initials. This name must not include the name of a third party, contain the word “agency” or be confusing (for example, be identical to an existing company, be misleading as to the company’s activities, etc.)
In the event of a name change, a new Application for authorization to practise within a business corporation (PDF) must be submitted with up-to-date information and payment of the fees applicable to a licence modification.
2 – What happens to the business corporation if the real estate broker changes real estate agency?
When real estate brokers change agencies, they must submit to the Certification Department, along with their request to change agencies:
- An Application for authorization to practise within a business corporation (PDF)
- Signed by the executive officer or an authorized signatory of the new real estate agency
- Accompanied by the payment of applicable fees
3 – What happens if the broker’s licence is suspended or revoked?
In the event of a licence suspension or revocation, the real estate broker and their business corporation may not engage in any real estate brokerage transactions.
A real estate broker whose licence is revoked must immediately change the area of practice of their business corporation with the Registraire des entreprises du Québec (REQ), otherwise the broker may be subject to legal proceedings for illegally practising real estate brokerage.
4 – How can a broker return to practice with a corporation after a licence suspension or revocation?
Whether the licence has been suspended or revoked, the real estate broker must:
- Complete and submit the appropriate forms to the Certification Department
- Pay the applicable administrative fees
- Comply with all the requirements
The forms must be signed by the agency executive officer or an authorized signatory to confirm the consent of the business corporation.
Depending on the situation:
Licence suspension
- The real estate broker must submit the Request for lifting of licence suspension (PDF) form
- If he remains with the same real estate agency, it is not necessary to submit a new Application for authorization to practise within a business corporation.
Revocation with acquired rights
The real estate broker must submit:
5 – Must all changes made to the business corporation be declared?
Yes. In accordance with section 10 of the Regulation respecting broker’s and agency licences, any change to the business corporation must be reported to the OACIQ, including:
- Change of name
- Change of status
- Change of corporate structure
- Merger
- New incorporation
- Withdrawal or addition of shareholders or directors
- Cancellation of registration, etc.
6 – What should be done before modifying the business corporation?
Any change to the business corporation must be reported to the OACIQ, in accordance with section 10 of the Regulation respecting broker’s and agency licences.
If the name of the business corporation is changed, the broker must:
- Submit an Application for authorization to practise within a business corporation (PDF)
- Provide up-to-date information
- Pay the fees applicable to a licence modification
7 – How can an authorization to operate through a business corporation be terminated?
Send to the Certification Department:
- A signed letter requesting the dissolution of the business corporation
- Pay the applicable fees using the payment form
- These documents can be digitized and sent by email
- A confirmation email will be sent once the licence is updated
- Licence is available for download via the Bookers' Area.
- Reference number
- 215163
- Last update
- June 3, 2026