Disclosure of prior legal record: A requirement

Real estate brokers or any licence applicants are required¹  to declare, without exception, any situation provided for by law in order to protect the public.

When to report

Immediately, as soon as the situation arises, without waiting for the annual personal information update period.

What to report 

Real estate brokers or licence applicants must report to the OACIQ, regardless of the date on which the offence was committed or the decision rendered, any situation concerning them or regarding a legal person or partnership under their control, notably:

1. Criminal, penal, or ethical record

Including:

• Current criminal or penal charges
• Conviction or guilty plea, even if:
  • It is awaiting sentencing
  • The decision is under appeal
• You received a conditional or unconditional discharge
• You received record suspension (formerly called "pardon")
• Certain civil or administrative judgments
• Disciplinary decision rendered by a professional order or regulatory body

2. Bankruptcy

• Personal bankruptcy
• Bankruptcy of a business corporation or legal person under their control Here are some examples of legal persons or partnerships under the control of the real estate broker:
  • A legal person in which they hold the majority of shares or voting rights
  • A legal person in which they can elect the majority of directors
  • A legal person in which they are acting as a director or executive officer

3. Guardianship or protection mandate

• If they are placed under guardianship
• If they are subject to a protection mandate

4. Administrative updates

• Basic contact details (address, email, telephone number, etc.)
• For real estate agencies: any changes to the Registraire des entreprises – merger, new incorporation, name change, addition or withdrawal of shareholders, cancellation of registration, etc.

How to report

1. Go to the Brokers' Area
2. Click on Statements: Changes during the year
3. Licence applicant: when applying for a licence
4. Provide requested information and documents
5. Keep an eye on emails: the OACIQ may request additional information within a specified time period.

Impact on the licence

Having a criminal record does not automatically mean that:

• The licence will be suspended, revoked, or refused.

Each application is assessed by the Licence Issue and Maintenance Committee (LIMC), which examines:

• The nature of the offence or situation
• The link between this situation and real estate brokerage practice
• The risk for public protection

And may decide:

• To maintain or issue the licence without conditions
• To maintain or issue the licence but subject it to conditions or restrictions
• In certain cases, to recommend more severe measures.

Examples of types of offences

Here are a few examples of situations to report

Penal offences

• Violation to the Consumer Protection Act
• Violation to the Act respecting the distribution of financial products and services
• Fine for not filing a tax return
• Fine for doing construction work without holding a competency certificate issued by the Quebec Construction Commission (CCQ)

Ethical offences

•  Disciplinary judgement or conviction by another professional order or regulatory body: notaries, master electricians, financial sector, real estate brokerage in another Canadian province or territory, etc.

Criminal offences

• Theft or fraud of more than $5,000
• Simple possession of drugs
• Assaults
• Impaired driving
• Etc.

OTHER RECORD

For natural persons:

• Civil judgment for an amount exceeding $15,000, except for those related to family matters
• Civil judgment in a tax‑related matter

For natural persons or legal persons:

• Judgment or administrative sanction (fine, administrative monetary penalty, etc.)

¹ Sections 10 and 11 of the Regulation respecting broker’s and agency licences 

¹ Sections  37 and 38.1 of the Real Estate Brokerage Act