Application for licence issuance

You passed an OACIQ certification exam? Congratulations! Follow the steps below to obtain your licence.

You have 12 months from the date your results were sent to you to apply for a licence. Are you a former OACIQ licence holder and your licence has been revoked? You have 12 months following the revocation date to apply for a licence.

Will you act on your own account or on behalf of an agency?

Step 1: Choosing the method of practice

On your own account

You may act on your own account as soon as you enter into practice, in compliance with your aptitudes, limits on knowledge and means available in the performance of your activities. In this case, you will have certain obligations and restrictions to observe:

  • Within 10 days following your licence issuance, you will have to open a trust account (in this regard see this IMPORTANT NOTICE - Opening and maintaining a trust account)
  • You must attend a start-up session provided by the OACIQ Inspection Department (a notice to attend will be sent to you);
  • You will not be able to hire brokers;
  • You will not be able to use a pseudonym.

On behalf of an agency

You must take steps to find an agency, since your licence application should be signed by the executive officer of the agency you will work for.

If you wish to operate within a business corporation, you must also provide an Application for authorization to practice within a business corporation, which should be signed by your future agency executive officer.

Step 2: Submitting a licence issuance application

To apply for a real estate or mortgage brokerage licence, you need to complete and provide the following documents:

  • Application for licence issuance
  • If you answered Yes to any of the questions in section VI “Declarations” of the Application for issuance form, you must also provide:
    • The Form to be completed in case of conviction or Form to be completed in case of bankruptcy;
    • All required supporting documents of this declaration;
  • The Mintz digital form for the verification of criminal record, if you have not previously provided it in the past 6 months (see step 3);
  • A proof showing your knowledge of the French language if you wrote the certification exam in English (in this regard, see the OQLF’s French exam page);
  • A photograph taken within less than 6 months, which will be printed on your broker licence and posted on  the OACIQ Register of licence holders;
  • Payment of the applicable fees and costs.

Applicable fees

The fees to be paid when applying for a licence vary depending on the licence type and the month when the application is filed. To find out the exact amount payable for a licence issuance, see the Chargeable fees for the issuance of a licence chart corresponding to the licence type requested, available on the Certification Forms page.

The chargeable fees for a licence issuance are comprised of the following fees:

  • The application examination fees;
  • Fees for checking criminal records, if any;
  • Right to practice;
  • Contribution to the Real Estate Indemnity Fund (FICI);
  • Premium of the Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec (FARCIQ);
  • Applicable taxes.

Licence validity

The licence validity period is from May 1 to April 30. Except for application examination and verification of criminal record fees, the applicable fees are calculated based on the remaining months until the end of April, including the month in which the licence is issued. It will be more expensive to apply for a licence in June than in March.

Note that to maintain your licence in force, you also need to pay the annual required fees and update your information no later than April 30 of each year.

If you cancel your licence application before issuance, you may be refunded the following fees:

  • Right to practice;
  • Contribution to the Real Estate Indemnity Fund (FICI);
  • Premium of the Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec (FARCIQ);
  • Applicable taxes.

The application examination and verification of criminal record fees are not refundable.

If the licence is issued, only the following fees will be refunded to you, even if you request the immediate revocation of your licence:

  • Premium of FARCIQ;
  • Applicable taxes.

Step 3: Criminal record check

Declarations in your licence issuance application

 

If you have never informed the OACIQ, you must report in your licence application any criminal act or any penal or ethical offence you have been convicted of, or have pleaded guilty to, and any bankruptcy, regardless of the time elapsed since that event. The assignments of property or receiving orders made under the Bankruptcy and Insolvency Act must be mentioned. However, you do not need to inform us of a consumer proposal.

Criminal acts are violations under the Criminal Code, the Controlled Drugs and Substances Act, or other federal statutes containing criminal offences. Examples:

  • I was found guilty of simple possession of narcotics;
  • I received a fine for impaired driving.

Penal offences are violations under provincial and federal statutes or under certain regulations. Examples:

  • I was fined for doing construction work without holding a competency certificate issued by the Quebec Construction Commission;
  • I received a fine for failing to file a tax return;

Offences under the Highway Safety Code or a municipal by-law need not be declared.

Ethical offences are violations to the code of ethics or to a regulation governing the conduct of the members of a professional order or other type of organization responsible for the oversight of a profession or trade. Examples:

  • I was found guilty of violating the Code of ethics of notaries by the Chambre des notaires’ discipline committee;
  • I was found guilty of a disciplinary offence by the discipline committee of the Corporation des maîtres électriciens du Québec.

If you respond positively to any of the questions in the Declarations section of the Application for licence issuance form, your file will be examined to determine if it needs to be examined by the OACIQ Licence Issue and Maintenance Committee (LIMC). The role of this Committee is to determine whether public protection warrants the imposition of one of the measures set out in the Act when the individual applying for a licence has had his licence revoked, suspended or made subject to restrictions or conditions by the OACIQ Discipline Committee or by another body overseeing real estate brokerage, is the subject of a property assignment, a receiving order, or a protective supervision of a person of full age or a disciplinary, penal or criminal conviction. If applicable, in accordance with section 37 of the Real Estate Brokerage Act, the OACIQ may refuse to issue a licence or may impose conditions or restrictions thereon.

Please note that in this case, the licence issuance could be delayed.

It is not always clear whether an act, offence or bankruptcy is worth mentioning. If in doubt, it’s better to report such information since your licence may be revoked if it’s noted that you have not reported it.

Criminal record check

Upon receipt of your licence application, an email with "Mintz Background Check Invitation" in the subject line will be sent to you so you can complete the Mintz digital form. If your criminal record check was carried out less than six months ago, we will refer to the  previously obtained results and no email will be sent.

To avoid additional delays in the processing of your licence application, please follow the recommendations stated on the Criminal record check page. Even if you provide a certificate of good conduct issued by police, your application will be considered as incomplete.

Step 4: Licence issuance

Once your licence application is finalized, you will receive a confirmation email. You can then start acting as a broker.

Your name will appear on the OACIQ Register of licence holders available to the public on our website.

 

Last updated on: July 16, 2018
Reference number: 204983