Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

C-73.2 - Real Estate Brokerage Act

Section 38
Disposition versions

Full text
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker’s licence holder, the business corporation within which he or she carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is related to brokerage transactions, or has pleaded guilty to such an offence; or
(4)  is under tutorship or under a protection mandate.
2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25; 2018, c. 23, s. 434; 2020, c. 11, s. 186.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker’s licence holder, the business corporation within which he or she carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is related to brokerage transactions, or has pleaded guilty to such an offence; or
(4)  has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25; 2018, c. 23, s. 434.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker, the business corporation within which the broker carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or an indictable offence which, in the Organization’s opinion, is brokerage-related, or has pleaded guilty to such an offence; or
(4)  has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38; 2010, c. 40, s. 17; 2013, c. 18, s. 25.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence if the licence holder or, in the case of a broker, the business corporation within which the broker carries on brokerage activities,
(1)  has previously had a licence revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);
(3)  has previously been convicted by a court of law of an offence or act which, in the Organization’s opinion, is brokerage-related, or has pleaded guilty to such an offence or act; or
(4)  has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38; 2010, c. 40, s. 17.
38. The Organization may suspend, revoke, or impose restrictions or conditions on a licence
(1)  if the holder’s licence has previously been revoked, suspended or made subject to restrictions or conditions by the discipline committee, by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State;
(2)  if the holder has made an assignment of property or been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);
(3)  if the holder has previously been convicted by a court of law of an offence or act which, in the Organization’s opinion, is brokerage-related, or has pleaded guilty to such an offence or act; or
(4)  if the holder has been assigned a tutor, curator or adviser.
2008, c. 9, s. 38.
© Gouvernement du Québec