Brokers from outside the province: How to get the right to practise in Québec
Are you an agency executive officer or a real estate broker from another province and now wish to practise in Québec? Here is how your qualifications could be recognized.
Under the Real Estate Brokerage Act and its regulations1, the real estate brokerage practice is regulated in Québec by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ).
To promote the mobility of professionals practising outside of Québec, the OACIQ can issue licences to individuals who are qualified and authorized to engage in brokerage transactions (within the meaning of section 1 of the Real Estate Brokerage Act) in a province, State or territory where a mutual recognition agreement of professional qualifications has been concluded between its government and that of Québec.
What is labour mobility?
It is a principle by means of which workers' qualifications should be recognized to facilitate mobility between provinces, territories or countries while practising their profession.
Various mutual recognition agreements of professional qualifications for Québec establish the applicable rules to promote labour mobility.
However, these agreements must not be interpreted or applied to facilitate access to the broker profession or to avoid the application of the general terms and conditions for licence issuance set out in the Real Estate Brokerage Act.
ATTENTION: A person who lives in the province of Québec or who obtains a licence from another authority without being in a labour mobility situation may not be able to benefit from the agreements concluded in this area.
To determine whether a candidate can benefit from recognition of his qualifications in accordance with the principle of labour mobility, the following factors could particularly be taken into account:
- His last places of residence: The candidate should not currently be living in Quebec and, if he does, it must be quite recently. He should be able to demonstrate his residence in the territory of the foreign authority for a significant period.
- Duration of his practice: The candidate should prove that he has an established career prior to the application and not be new to the profession.
- His real situation: The candidate should justify his request by a real need for free mobility in Québec for professional purposes.
The factors listed above are not exhaustive and each application is unique and will be analyzed based on all its specific circumstances to determine whether the candidate is in a labour mobility situation.
Obtaining an OACIQ licence
An equivalent licence in the same field of practice can be issued by the OACIQ if:
- The candidate holds a valid real estate broker’s or agency executive officer’s licence from another authority at the time of application;
- The territory where the licence was issued has a mutual recognition agreement of professional qualifications in force with Québec;
- The candidate demonstrates that he is in a labour mobility situation;
- The candidate passes the OACIQ interprovincial challenge examination;
- The candidate demonstrates his knowledge of French language;
- The candidate meets other issuance conditions.
For more information, please contact the Certification Department at 450-462-9800 or 1-800-440-7170, or by email at firstname.lastname@example.org.
1 For more information on the regulatory framework, please read the Regulation respecting the issue of broker’s and agency licences, chap. 1, section 1, paragraph 9, available on the Act, By-laws and Regulations page.