CLARIFICATION CONCERNING THE REFERENCE TO THE BROKER IN SUSPENSION NOTICES
Please note that the reference to the broker who employs the suspended member or authorizes him to act is not in any way meant to suggest that the member was employed by or authorized to act on behalf of this broker when he committed the offences of which he was found guilty.
The Real Estate Brokerage Act and the regulations thereunder require that the notice of suspension of certificate refer to the member’s place of business at the time of the suspension or, failing that, his last place of business. This “place of business” is the office of the broker who employs him or authorizes him to act or, failing that, the last broker that employed him or authorized him to act. The purpose of this measure is to protect the public and allow it to properly identify the member whose certificate is suspended.
Notice of suspension and limitation
of the certificate of Mr. Michel Larivière
NOTICE is hereby given that Mr. Michel Larivière, affiliated real estate agent (Certificate No. E0628), formerly employed by or authorized to act on behalf of Les Immeubles GPI, chartered real estate broker (Certificate No. E3136), whose establishment was formerly located at 49 Saint-Onge St., in Salaberry de Valleyfield, has been found guilty by the Discipline Committee of the Association des courtiers et agents immobiliers du Québec of the offences summarized below:
1st count: Between on or around the month of September 2006 and on or around the month of January 2007, regarding eleven (11) properties located in a known complex, participating in an act in real estate matters which may be illegal, namely by allowing a chartered real estate broker to receive sums of money on behalf of others and by failing to deposit said sums in a trust account;
thus committing, for each of these properties, an offence under sections 11 and 13 of the Real Estate Brokerage Act and under sections 1 and 13 of the Rules of Professional Ethics of the ACAIQ.
2nd count: Between on or around November 21, 2006 and on or around December 31, 2006, allowing the real estate broker who employed him to be the holder of a chartered real estate broker’s certificate, whereas he knew or should have known that the representative of the said broker for the application of the Act was unqualified to represent him;
thus committing an offence under sections 7, 8 and 130 of the Real Estate Brokerage Act and under sections 13 and 14 of the Rules of Professional Ethics of the ACAIQ.
On October 13, 2009, the Discipline Committee ordered a suspension of Mr. Michel Larivière’s certificate for a period of ninety (90) days on count No. 1 of the complaint and prohibited him, for a concurrent period of five (5) years, from being designated as member representative, member manager or assistant manager of a chartered real estate broker or from holding a chartered real estate broker natural person’s certificate and from signing any document relating to the management of a trust account and governed by the Real Estate Brokerage Act, and a suspension for a consecutive period of thirty (30) days on count No. 2.
The decision of the Discipline Committee is enforceable from the date of the appeals deadline, i.e. November 17, 2009. The suspension of Mr. Michel Larivière’s affiliated real estate agent’s certificate is therefore effective as of November 17, 2009 for a period of one hundred and twenty (120) days, and the limitations of professional activities for a period of five (5) years.
Should the defendant’s certificate be suspended or expired at the date of the appeals deadline, the suspension period shall become effective whenever he applies for reinstatement or issuance of any category of certificate.
This notice is given in accordance with section 137 of the Real Estate Brokerage Act (R.S.Q., c. C-73.1).
Brossard, November 17, 2009
Discipline Committee Secretary