C-73.2 - Real Estate Brokerage Act

Section 3 Disposition versions

2022-06-08

3. The persons referred to in any of the following paragraphs are not required to hold a licence when they are parties, as intermediaries, to a real estate brokerage contract under that paragraph, unless they use a title that is restricted under this Act:

(1)  advocates, notaries, chartered appraisers, liquidators, sequestrators, trustees in bankruptcy or trustees, provided the contract is entered into in the exercise of their functions;

(2)  forest engineers, provided the contract concerns a forest property;

(3)  members in good standing of the Ordre professionnel des comptables professionnels agréés du Québec, provided the contract concerns the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(4)  chartered administrators, provided the contract is entered into incidentally to the exercise of their real estate management functions and is not governed by section 23;

(5)  trust companies authorized under the Trust Companies and Savings Companies Act (chapter S-29.02), provided the contract concerns an immovable they hold or administer for others;

(6)  the spouse, child, father, mother, or one of the parents, brother or sister of the owner of an immovable, provided the contract is entered into with the owner of the immovable and concerns that immovable; and

(7)  the sole shareholder of a legal person if the contract is entered into with the legal person.

2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32; 2013, c. 18, s. 18; 2018, c. 23, s. 396; 2022, c. 22, s. 228.

2020-05-01

3. The persons referred to in any of the following paragraphs are not required to hold a licence when they are parties, as intermediaries, to a real estate brokerage contract under that paragraph, unless they use a title that is restricted under this Act:

(1)  advocates, notaries, chartered appraisers, liquidators, sequestrators, trustees in bankruptcy or trustees, provided the contract is entered into in the exercise of their functions;

(2)  forest engineers, provided the contract concerns a forest property;

(3)  members in good standing of the Ordre professionnel des comptables professionnels agréés du Québec, provided the contract concerns the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(4)  chartered administrators, provided the contract is entered into incidentally to the exercise of their real estate management functions and is not governed by section 23;

(5)  trust companies authorized under the Trust Companies and Savings Companies Act (chapter S-29.02), provided the contract concerns an immovable they hold or administer for others;

(6)  the spouse, child, father, mother, brother or sister of the owner of an immovable, provided the contract is entered into with the owner of the immovable and concerns that immovable; and

(7)  the sole shareholder of a legal person if the contract is entered into with the legal person.

2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32; 2013, c. 18, s. 18; 2018, c. 23, s. 396.

2019-06-13

3. The persons referred to in any of the following paragraphs are not required to hold a licence when they are parties, as intermediaries, to a real estate brokerage contract under that paragraph, unless they use a title that is restricted under this Act:

(1)  advocates, notaries, chartered appraisers, liquidators, sequestrators, trustees in bankruptcy or trustees, provided the contract is entered into in the exercise of their functions;

(2)  forest engineers, provided the contract concerns a forest property;

(3)  members in good standing of the Ordre professionnel des comptables professionnels agréés du Québec, provided the contract concerns the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(4)  chartered administrators, provided the contract is entered into incidentally to the exercise of their real estate management functions and is not governed by section 23;

(5)  trust companies authorized under the Trust Companies and Savings Companies Act (chapter S-29.02), provided the contract concerns an immovable they hold or administer for others;

(6)  the spouse, child, father, mother, brother or sister of the owner of an immovable, provided the contract is entered into with the owner of the immovable and concerns that immovable; and

(7)  the sole shareholder of a legal person if the contract is entered into with the legal person.

2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32; 2013, c. 18, s. 18; 2018, c. 23, s. 396.

Until 30 April 2020,

section 3, enacted by section 396, is to be read as if the following paragraphs were added at the end:

“The following persons and partnerships are not required to hold a licence if, for others and in return for remuneration, they engage in a brokerage transaction relating to a loan secured by immovable hypothec, unless they use a title that is restricted under the law:

(1) tutors, curators and other persons referred to in subparagraph 1 of the first paragraph, provided they engage in such a transaction in the exercise of their functions;

(2) the persons referred to in any of subparagraphs 3, 4, 6 and 7 of the first paragraph;

(3) insurers authorized under the Insurers Act (chapter A-32.1), banks, deposit institutions authorized under the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2) and trust companies authorized under the Trust Companies and Savings Companies Act (chapter S-29.02), their employees and their exclusive representatives when acting in the context of a brokerage transaction relating to a loan secured by immovable hypothec, on behalf of their financial institution or of another financial institution that belongs to the same financial group;

(4) a member in good standing of a professional order or a person or partnership governed by an Act administered by the Autorité des marchés financiers that only gives a client the name and contact information of a person or partnership offering loans secured by immovable hypothec or otherwise merely puts them in contact with each other, provided the member, person or partnership does so as an ancillary activity; and

(5) an employee who, in the course of the employee’s principal occupation, engages in such a transaction for the account of the employer, provided the latter does not hold a broker’s or agency licence.

For the purposes of subparagraph 4 of the second paragraph, “financial group” has the meaning assigned in section 147 of the Act respecting the distribution of financial products and services (chapter D-9.2).”.

S.Q. 2018, c. 23, s. 486.

2018-07-13

3. The persons referred to in any of the following paragraphs are not required to hold a licence when they are parties, as intermediaries, to a real estate brokerage contract under that paragraph, unless they use a title that is restricted under this Act:

(1)  advocates, notaries, chartered appraisers, liquidators, sequestrators, trustees in bankruptcy or trustees, provided the contract is entered into in the exercise of their functions;

(2)  forest engineers, provided the contract concerns a forest property;

(3)  members in good standing of the Ordre professionnel des comptables professionnels agréés du Québec, provided the contract concerns the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(4)  chartered administrators, provided the contract is entered into incidentally to the exercise of their real estate management functions and is not governed by section 23;

(5)  trust companies authorized under the Trust Companies and Savings Companies Act (2018, chapter 23, section 395), provided the contract concerns an immovable they hold or administer for others;

(6)  the spouse, child, father, mother, brother or sister of the owner of an immovable, provided the contract is entered into with the owner of the immovable and concerns that immovable; and

(7)  the sole shareholder of a legal person if the contract is entered into with the legal person.

2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32; 2013, c. 18, s. 18; 2018, c. 23, s. 396.

Until 30 April 2020,

section 3, enacted by section 396, is to be read as if the following paragraphs were added at the end:

“The following persons and partnerships are not required to hold a licence if, for others and in return for remuneration, they engage in a brokerage transaction relating to a loan secured by immovable hypothec, unless they use a title that is restricted under the law:

(1) tutors, curators and other persons referred to in subparagraph 1 of the first paragraph, provided they engage in such a transaction in the exercise of their functions;

(2) the persons referred to in any of subparagraphs 3, 4, 6 and 7 of the first paragraph;

(3) banks, financial services cooperatives, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies, their employees and their exclusive representatives when acting in the context of a brokerage transaction relating to a loan secured by immovable hypothec, on behalf of their financial institution or of another financial institution that belongs to the same financial group;

(4) a member in good standing of a professional order or a person or partnership governed by an Act administered by the Autorité des marchés financiers that only gives a client the name and contact information of a person or partnership offering loans secured by immovable hypothec or otherwise merely puts them in contact with each other, provided the member, person or partnership does so as an ancillary activity; and

(5) an employee who, in the course of the employee’s principal occupation, engages in such a transaction for the account of the employer, provided the latter does not hold a broker’s or agency licence.

For the purposes of subparagraph 4 of the second paragraph, “financial group” has the meaning assigned in section 147 of the Act respecting the distribution of financial products and services (chapter D-9.2).”.

S.Q. 2018, c. 23, s. 486.

2013-06-14

3. Unless they use a title that is restricted under the law, the following persons and partnerships are not subject to this Act with regard to the brokerage transactions specified:

(1)  banks, financial services cooperatives, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies, and their employees and exclusive representatives when acting on behalf of their financial institution, in the context of a brokerage transaction relating to a loan secured by immovable hypothec;

(2)  a member in good standing of a professional order or a person or partnership governed by an Act administered by the Autorité des marchés financiers who only gives a client the name and contact information of a person or partnership offering loans secured by immovable hypothec or otherwise merely puts them in contact with each other, provided the member, person or partnership does so as an ancillary activity;

(3)  an employee who, in the course of the employee’s principal occupation, engages in a brokerage transaction described in section 1 for the employer’s account, provided the latter is not a broker or an agency;

(4)  forest engineers who engage in a brokerage transaction relating to forest property;

(5)  members in good standing of the professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26) who engage in a brokerage transaction relating to a loan secured by immovable hypothec, the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(6)  chartered administrators who engage in a brokerage transaction, other than a transaction described in section 23, as an ancillary activity in the course of their real estate management function;

(7)  trust companies that engage in a brokerage transaction described in section 1 with regard to immovable property they hold or administer for others;

(8)  a superintendent or manager of property held in divided co-ownership who acts as an intermediary to lease out a fraction of the property for and on behalf of the owner or syndicate, gives a co-owner the name and contact information of a potential buyer or lessee of the co-owner’s fraction or otherwise merely puts them in contact with each other;

(9)  a superintendent of a rental immovable who leases out the property for and on behalf of the owner;

(10)  a property manager who acts exclusively for a property owner and who, for the benefit of that owner, engages in a brokerage transaction relating to the leasing out of an immovable;

(11)  an employee or property manager who works for a subsidiary enterprise that is at least 90% controlled by the property owner, and who engages in a brokerage transaction relating to the leasing out of an immovable, provided the employee or manager acts exclusively for the property owner;

(12)  the spouse, child, father, mother, brother or sister of the owner of an immovable who engages in a brokerage transaction described in section 1;

(13)  the sole shareholder of a legal person who engages in a brokerage transaction described in section 1 for that legal person; and

Not in force

(14)  a person or partnership that operates a brokerage enterprise to lease out immovable property and that, in accordance with the rules determined by government regulation, engages in a brokerage transaction exclusively on behalf of senior citizens or persons who are physically or mentally vulnerable.

2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32; 2013, c. 18, s. 18.

2012-05-16

3. Unless they use a title that is restricted under the law, the following persons and partnerships are not subject to this Act with regard to the brokerage transactions specified:

(1)  banks, financial services cooperatives, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies, and their employees and exclusive representatives when acting on behalf of their financial institution, in the context of a brokerage transaction relating to a loan secured by immovable hypothec;

(2)  a member in good standing of a professional order or a person or partnership governed by an Act administered by the Autorité des marchés financiers who only gives a client the name and contact information of a person or partnership offering loans secured by immovable hypothec or otherwise merely puts them in contact with each other, provided the member, person or partnership does so as an ancillary activity;

(3)  an employee who, in the course of the employee’s principal occupation, engages in a brokerage transaction described in section 1 for the employer’s account, provided the latter is not a broker or an agency;

(4)  forest engineers who engage in a brokerage transaction relating to forest property;

(5)  members in good standing of the professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26) who engage in a brokerage transaction relating to a loan secured by immovable hypothec, the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(6)  chartered administrators who engage in a brokerage transaction, other than a transaction described in section 23, as an ancillary activity in the course of their real estate management function;

(7)  trust companies that engage in a brokerage transaction described in section 1 with regard to immovable property they hold or administer for others;

(8)  a superintendent or manager of property held in divided co-ownership who acts as an intermediary to lease out a fraction of the property for and on behalf of the owner or syndicate, gives a co-owner the name and contact information of a potential buyer or lessee of the co-owner’s fraction or otherwise merely puts them in contact with each other;

(9)  a superintendent of a rental residential immovable who leases out the property for and on behalf of the owner;

(10)  a property manager who acts exclusively for a property owner and who, for the benefit of that owner, engages in a brokerage transaction relating to the leasing out of an immovable;

(11)  an employee or property manager who works for a subsidiary enterprise that is at least 90% controlled by the property owner, and who engages in a brokerage transaction relating to the leasing out of an immovable, provided the employee or manager acts exclusively for the property owner;

(12)  the spouse, child, father, mother, brother or sister of the owner of an immovable who engages in a brokerage transaction described in section 1;

(13)  the sole shareholder of a legal person who engages in a brokerage transaction described in section 1 for that legal person; and

Not in force

(14)  a person or partnership that operates a brokerage enterprise to lease out immovable property and that, in accordance with the rules determined by government regulation, engages in a brokerage transaction exclusively on behalf of senior citizens or persons who are physically or mentally vulnerable.

2008, c. 9, s. 3; 2010, c. 40, s. 14; 2012, c. 11, s. 32.

2010-12-10

3. Unless they use a title that is restricted under the law, the following persons and partnerships are not subject to this Act with regard to the brokerage transactions specified:

(1)  banks, financial services cooperatives, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies, and their employees and exclusive representatives when acting on behalf of their financial institution, in the context of a brokerage transaction relating to a loan secured by immovable hypothec;

(2)  a member in good standing of a professional order or a person or partnership governed by an Act administered by the Autorité des marchés financiers who only gives a client the name and contact information of a person or partnership offering loans secured by immovable hypothec or otherwise merely puts them in contact with each other, provided the member, person or partnership does so as an ancillary activity;

(3)  an employee who, in the course of the employee’s principal occupation, engages in a brokerage transaction described in section 1 for the employer’s account, provided the latter is not a broker or an agency;

(4)  forest engineers who engage in a brokerage transaction relating to forest property;

(5)  members in good standing of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26) who engage in a brokerage transaction relating to a loan secured by immovable hypothec, the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(6)  chartered administrators who engage in a brokerage transaction, other than a transaction described in section 23, as an ancillary activity in the course of their real estate management function;

(7)  trust companies that engage in a brokerage transaction described in section 1 with regard to immovable property they hold or administer for others;

(8)  a superintendent or manager of property held in divided co-ownership who acts as an intermediary to lease out a fraction of the property for and on behalf of the owner or syndicate, gives a co-owner the name and contact information of a potential buyer or lessee of the co-owner’s fraction or otherwise merely puts them in contact with each other;

(9)  a superintendent of a rental residential immovable who leases out the property for and on behalf of the owner;

(10)  a property manager who acts exclusively for a property owner and who, for the benefit of that owner, engages in a brokerage transaction relating to the leasing out of an immovable;

(11)  an employee or property manager who works for a subsidiary enterprise that is at least 90% controlled by the property owner, and who engages in a brokerage transaction relating to the leasing out of an immovable, provided the employee or manager acts exclusively for the property owner;

(12)  the spouse, child, father, mother, brother or sister of the owner of an immovable who engages in a brokerage transaction described in section 1;

(13)  the sole shareholder of a legal person who engages in a brokerage transaction described in section 1 for that legal person; and

Not in force

(14)  a person or partnership that operates a brokerage enterprise to lease out immovable property and that, in accordance with the rules determined by government regulation, engages in a brokerage transaction exclusively on behalf of senior citizens or persons who are physically or mentally vulnerable.

2008, c. 9, s. 3; 2010, c. 40, s. 14.

2010-05-01

3. Unless they use a title that is restricted under the law, the following persons and partnerships are not subject to this Act with regard to the brokerage transactions specified:

(1)  banks, financial services cooperatives, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies, and their employees and exclusive representatives when acting on behalf of their financial institution, in the context of a brokerage transaction relating to a loan secured by immovable hypothec;

(2)  a member in good standing of a professional order or a person or partnership governed by an Act administered by the Autorité des marchés financiers who only gives a client the name and contact information of a person or partnership offering loans secured by immovable hypothec or otherwise merely puts them in contact with each other, provided the member, person or partnership does so as an ancillary activity;

(3)  an employee who, in the course of the employee’s principal occupation, engages in a brokerage transaction described in section 1 for the employer’s account, provided the latter is not a broker or an agency;

(4)  forest engineers who engage in a brokerage transaction relating to forest property;

(5)  members in good standing of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26) who engage in a brokerage transaction relating to a loan secured by immovable hypothec, the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise;

(6)  chartered administrators who lease out an immovable they manage, or engage in a brokerage transaction relating to a loan secured by immovable hypothec with regard to an immovable they manage;

(7)  trust companies that engage in a brokerage transaction described in section 1 with regard to immovable property they hold or administer for others;

(8)  a superintendent or manager of property held in divided co-ownership who acts as an intermediary to lease out a fraction of the property for and on behalf of the owner or syndicate, gives a co-owner the name and contact information of a potential buyer or lessee of the co-owner’s fraction or otherwise merely puts them in contact with each other;

(9)  a superintendent of a rental residential immovable who leases out the property for and on behalf of the owner;

(10)  a property manager who acts exclusively for a property owner and who, for the benefit of that owner, engages in a brokerage transaction relating to the leasing out of an immovable;

(11)  an employee or property manager who works for a subsidiary enterprise that is at least 90% controlled by the property owner, and who engages in a brokerage transaction relating to the leasing out of an immovable, provided the employee or manager acts exclusively for the property owner;

(12)  the spouse, child, father, mother, brother or sister of the owner of an immovable who engages in a brokerage transaction described in section 1;

(13)  the sole shareholder of a legal person who engages in a brokerage transaction described in section 1 for that legal person; and

Not in force

(14)  a person or partnership that operates a brokerage enterprise to lease out immovable property and that, in accordance with the rules determined by government regulation, engages in a brokerage transaction exclusively on behalf of senior citizens or persons who are physically or mentally vulnerable.

2008, c. 9, s. 3.