The discipline committee

The Discipline Committee rules on complaints concerning ethical breaches committed by brokers or agencies and imposes penalties if they are found guilty in the course of public disciplinary hearings.

An independent and impartial body

Created under the Real Estate Brokerage Act, the Discipline Committee is completely autonomous and independent from the board of directors and staff of the OACIQ.

The Discipline Committee’s decision-making body is chaired by a lawyer (appointed by the government) and made up of two brokers. In disciplinary law, defendants are judged by their peers.

The conduct of disciplinary hearings

Two possible parts

Disciplinary hearings may include two parts:

• The hearing itself, during which plaintiff and defendant will each try to prove their version of the facts
• The hearing on the penalty, held if the defendant is found guilty

A hearing on penalty is held only if the defendant pleads guilty. During the hearing, the Syndic's lawyer and the defence will announce the penalty deemed appropriate.

The public nature of proceedings

Any proceedings before the Discipline Committee are public. However, if the Committee considers that public order so requires, it may require that:

• The hearing be held in camera
• Access to a document or the disclosure or release of information or documents specified by the committee be prohibited or restricted or
• The anonymity of the persons involved be protected

Powers of the Discipline Committee

During hearings on penalty, the Discipline Committee may:

• Impose fines ranging from $2,500 to $62,500
• Suspend or revoke the licenses of brokers or agencies (including those of their administrators or officers) found guilty of a violation of the Real Estate Brokerage Act
• Order a broker or agency to pay a sum of money to a person or firm to whom it is owed
• Order a broker to attend a specific training activity

The Discipline Committee cannot compensate victims the way civil courts can in a damage suit.

A right of appeal on the file exists, meaning that a judge will render his decision in the light of items contained in the file and, as a general rule, without hearing witnesses.

Attending a disciplinary hearing

If you wish to attend a disciplinary hearing via videoconference, please complete this form (in French only) first and email it to [email protected]. You will then receive a confirmation email with the zoom link to attend the hearing.

As provided for in the Code of Civil Procedure, any notification to the OACIQ Registry Service must be made to the following address: [email protected].