How to verify the right to practice of an individual or firm in Québec or from another jurisdiction

The practice of real estate brokerage in Québec involves collaboration between licence holders and compensation sharing. It is more and more common to see agencies and brokers working in collaboration with their counterparts from other jurisdictions. Many agencies and brokers also maintain business relationships with brokers and representatives working in the financial services.

In accordance with the Real Estate Brokerage Act and its regulations, an agency or a broker may share compensation from a transaction relating to a residential immovable containing less than five dwellings particularly with:

• another OACIQ licence holder;
• a person or company authorized to engage, outside Québec, in a brokerage transaction referred to in section 1 of the Real Estate Brokerage Act;
• a firm or independent representative or independent partnership within the meaning of the Act respecting the distribution of financial products and services;
• a broker or advisor governed by the Securities Act or Derivatives Act.

An agency or broker may also share his remuneration with a person or company authorized to engage in a brokerage transaction pursuant to section 3 of the Real Estate Brokerage Act. We will not however discuss these cases in this article.

Therefore, for the proposed remuneration sharing to comply with regulations, it is important to make the necessary checks to ensure that the firm or individual with whom you are sharing remuneration falls effectively into any of the categories mentioned above.

For a an OACIQ licence holder

It couldn’t be easier! The OACIQ maintains a register of licence holders. You may check it out here.

For a person or company authorized to engage, outside Québec, in a brokerage transaction referred to in section 1 of the Real Estate Brokerage Act

In these cases, you must identify the agency or official body responsible for overseeing real estate brokerage, as the case may be, in the jurisdiction concerned. In this regard, the website of the Association of Real Estate License Law Officials (arello.com) is a good starting point to identify the responsible regulatory body. By visiting the website of this regulator or by contacting them by phone, you can confirm that the person or company is indeed authorized to carry out brokerage acts in this jurisdiction.

For a firm or independent representative or independent partnership within the meaning of the Act respecting the distribution of financial products and services, or for a broker or an advisor governed by the Securities Act or Derivatives Act

The Autorité des marchés financiers maintains a register of firms and individuals authorized to practice. You can check this register at https://lautorite.qc.ca/en/professionals.

It is up to each one of you to perform these basic verifications in order to comply with the Real Estate Brokerage Act and avoid encouraging illegal brokerage practice in Québec or elsewhere.