Notices from the Licence Issue and Maintenance Committee
The mission of the Licence Issue and Maintenance Committee, under the Real Estate Brokerage Act, is to make decisions regarding licence issue or maintenance where an applicant or a licence holder has had his licence revoked, suspended or made subject to restrictions or conditions by the Discipline Committee of the OACIQ or by another body supervising real estate brokerage, or was the subject of an assignment of property, a receiving order, or a protective supervision of a person of full age.
The role of the Licence Issue and Maintenance Committee under the Real Estate Brokerage Act (R.S.Q., c. C-73.2) consists particularly in determining whether public protection warrants the application of such measures as provided under the Act where an applicant or a licence holder has been found guilty of or has pleaded guilty to a criminal, penal or disciplinary offence, to the extent where the Committee has established that this offence is related to the performance of brokerage transactions.
If a licence issue application is submitted to the Committee, the latter has the power to review all criminal, penal or disciplinary convictions, regardless of when the person was found or pleaded guilty.
When deciding on licence maintenance, the Committee may take into account any criminal, penal or disciplinary conviction occurred since May 1, 2010.
In addition, the Committee may review cases involving bankruptcy, guardianship, curatorship or appointment of an adviser to a person of full age, as well as cases where an applicant or licence holder has had his licence revoked, suspended or made subject to restrictions or conditions by the OACIQ Discipline Committee or by a body in another province or State responsible for overseeing and monitoring real estate brokerage. The Committee may also review the case of a licence applicant who, before May 1, 2010, violated a provision of the Act respecting the distribution of financial products and services, while he engaged in brokerage transactions relating to loans secured by immovable hypothec. In the latter cases, the Committee may decide to impose one of the measures as provided for under the Act where the protection of the public warrants such measure.
Depending on circumstances, the Committee may refuse to issue a licence to an applicant, or to issue it by imposing restrictions or conditions thereon. The Committee may also take measures against a licence holder, including suspending or revoking a licence or making it subject to restrictions or conditions.