Are you an agency executive officer or a real estate or mortgage broker from another province and now wish to practice in Québec? Here is how:
The real estate brokerage and mortgage brokerage are professional activities supervised by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), under the Québec Real Estate Brokerage Act and its regulations.1
In order to promote the mobility of workers practicing 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 for which a mutual recognition agreement of professional skills has been concluded between its government and that of Québec.
What’s worker mobility?
It is a principle by means of which the qualifications of individuals moving from one province to another are recognized.
Attention: A person who lives in the province of Québec and obtains a licence from another province to avoid the application of the general terms and conditions for licence issuance set out in the Real Estate Brokerage Act is not considered in a labour mobility situation and cannot benefit from the agreements concluded in this area.
If you hold a valid real estate or mortgage broker’s licence or an agency executive officer’s licence in another province at the time of application, an equivalent licence in the same field of practice can be issued in Québec if:
- You pass the OACIQ interprovincial challenge examination;
- You demonstrate your knowledge of French language;
- You meet other issuance conditions.
Interprovincial Challenge Examination
Duration: 3 hours 30 minutes.
Cost: $412 plus applicable taxes.
Type: examination of 25 to 30 short-answer questions.
Passing grade: 60%
Preparation for the exam: you will have to demonstrate a sufficient level of knowledge of the Real Estate Brokerage Act and its regulations as well as the specifics of Québec brokerage in connection with the Québec Civil Code and some other laws.
To prepare for the exam, you must:
- Know the Real Estate Brokerage Act and its regulations.
- Know the Québec brokerage practice specifics in relation to Québec Civil Code and some other laws, namely:
- Cadastral designation and certificate of location:
- Website: www.mrn.gouv.qc.ca/english/land/cadastre/index.jsp;
- Sections 1172 to 1176 of Civil Code of Québec;
- Land Register:
- Sections 2934 to 3075 of Civil Code of Québec;
- Matrimonial regimes when buying and selling immovables:
- Sections 365 to 521 of Civil Code of Québec (but more specifically sections 401 to 492);
- Régie du logement (everything about the sale and purchase of a property and existing leases) :
- Sections 1851 to 2000 of Civil Code of Québec (but more specifically sections 1936 to 1978);
- Act respecting the Régie du logement;
- Co-ownership rules:
- Sections 1012 to 1109 of Civil Code of Québec;
- Succession (when buying and selling immovables);
- Sections 776 to 835 of Civil Code of Québec;
- The role of the notary and lawyer (especially the role of the notary in a real estate transaction);
- Transfer duties:
- An Act respecting duties on transfers of immovables (more specifically section 2).
- Cadastral designation and certificate of location:
You can enjoy free access to the Civil Code of Québec.
Content: Here are three samples of questions that might be asked and their answers:
Q: Can a real estate broker’s licence be issued to a legal person or a partnership in Québec? Justify your answer.
A: No, the Act provides that a real estate broker’s licence be issued to a natural person only.
Q: How can the OACIQ intervene in a dispute between a broker or agency and a client and under what condition?
A: The OACIQ can act as conciliator or mediator if the interested parties so request.
Q: To what an individual who engages in illegal brokerage activities is exposed?
A: Criminal prosecution.
It is important to always justify your answer. You will lose marks if you answer by “yes” or “no” even if the answer is appropriate.
PROCEDURES TO FOLLOW
STEP 1 – Application
- Fill out the ''Interprovincial Examination Application'' form
- Provide all required documents indicated on this form
The Certification Department will determine the type of licence you may obtain in Québec and will send you information once the examination of the licence of the current province is completed.
You can take the examination at any predetermined dates and at the locations where the OACIQ examination is held. You may also, in exceptional cases, take your exam at another date that suits you best. The exam will be held in Brossard. You can access the calendar of examinations by clicking on the following link:
- It is important to include all the documents required and send your completed form to the OACIQ along with your payment for the related fees AT LEAST THREE WEEKS PRIOR to the date of the examination.
- If this deadline is not met, the applicant will be registered for the next available examination date, as per the Calendar of examinations posted on our website.
STEP 2 – Notice of examination
- The OACIQ will confirm the time and place of the examination by mail, at least one week before the scheduled date.
STEP 3 – Taking the examination
- You must appear to write the exam and show a valid photo ID on each day of the examination. Valid ID documents are the following:
- Valid driver’s license issued in Canada;
- Provincial Health Insurance Card;
- Canadian Passport;
- Permanent Resident Card;
- OACIQ licence.
- It is recommended to arrive 15 minutes before the time scheduled for the examination.
- Instructions will be handed out and read before the examination, but you should note right now that no programmable calculators and no documents are allowed
STEP 4 - Mailing of results
- The OACIQ will correct the examinations and send you the results by mail approximately 10 days after the date you took your exam.
- Examinations remain the property of the OACIQ.
- You can make a request for examination grade review. In this case, the exam will be corrected again completely. To do this, you must send a Request for examination grade review form duly completed to the OACIQ no later than the 15th day following the date on which your letter of results was mailed.
STEP 5 – Application for issuance of your licence
- If you passed the examination, you will have 12 months from the date your results were sent to you to apply for a licence. The Application for issuance form can be found on the Certification Forms page, by clicking on the following link: Application for issuance.
CRIMINAL RECORD CHECK
As part of the review of your licence issuance application, we will conduct a criminal record check and validate the compliance of the declarations you made in the licence application under the “Declarations” section.
If your licence application contains positive declarations (criminal acts or other) or if the results of your criminal record check are positive, your file could be submitted to the Licence Issue and Maintenance Committee (LIMC) for review.
KNOWLEDGE OF FRENCH
If you did not pass the OACIQ examination drafted in French, or if you have passed the English exam, you must provide documents proving that you meet one of the following conditions:
a) have attended a French language secondary or post-secondary establishment full time for at least 3 years; or
b) have passed the fourth or fifth year secondary level examinations in French as a mother tongue; or
c) have obtained a secondary school certificate in Québec from and after the school year 1985-1986.
In all other cases, you must obtain a certificate issued by the Office québécois de la langue française (OQLF) or hold a certificate defined as equivalent by regulation of the Government, in accordance with section 35 of Charter of the French Language (R.S.Q., c C-11).
N. B.: If you have to take the French exam at the OQLF to obtain a certificate, you must first be registered for the OACIQ examination. Here’s the procedure:
- Contact the OACIQ by email at firstname.lastname@example.org;
- The French Examination Registration Form provided by the OQLF will be mailed;
- Return the form duly completed to the OACIQ;
- The form will then be transmitted to the OQLF by the OACIQ;
- The OQLF will invite you to the French examination;
- If you successfully complete the French examination, the OQLF will send us the results.
For more information, please contact the Certification Department at 450-462-9800 or 1-800-440-7170 between 9:00 am and 4:00 pm on Mondays, Tuesdays, Thursdays and Fridays, and between 10:00 am and 4:00 pm on Wednesdays. You can also reach the Certification Department by email at email@example.com, making sure to include your complete contact information so an agent can call you back.
1 For more information on the regulatory framework, please read the Act and regulations governing real estate brokerage in Québec, the Regulation respecting the issue of broker’s and agency licences, chap. 1, section 1, paragraph 9, p. B-5.