C-73.2, r. 8 - Regulation respecting broker’s and agency licences

Section 5 Disposition versions

2023-03-23

5. A broker’s licence application must be filed with the following information and documents pertaining to the prospective broker if they are not already in the Organization’s possession:

(1)  if the prospective broker is a Canadian citizen, his or her act or certificate of birth or Canadian Citizenship Certificate;

(2)  if the prospective broker is not a Canadian citizen, the document issued by Canadian immigration authorities attesting status of permanent resident, or the work permit issued by those authorities;

(3)  the address of his or her establishment, including postal code, telephone and fax numbers and those of other communication devices and, if any, e-mail and website addresses. In the absence of an e-mail address, the applicant must ask the Organization to furnish one;

(4)  the prospective broker’s domicile address including postal code and telephone number;

(4.1)  an attestation, a diploma or a transcript showing that the prospective broker meets the requirement of paragraph 1.1 of section 1;

(5)  unless the prospective broker has passed the examination referred to in subparagraph a of subparagraph 4 of the first paragraph of section 1 in French, documents showing the applicant meets one of the other requirements of subparagraph 4;

(6)  a colour photograph taken not more than 6 months preceding the application, on a white background showing the person from the shoulders up and with the face uncovered, submitted using any medium enabling the date on which it was taken to be ascertained;

(7)  the name and licence number of the agency for which the prospective broker undertakes to carry on brokerage activities or, if applicable, a mention that the prospective broker will be carrying on activities for his or her own account;

(8)  where applicable, a document from the executive officer of the agency for which the prospective broker will be carrying on brokerage activities to the effect that the agency undertakes to employ or authorize the person to act for the agency once he or she has been licensed;

(9)  if the prospective broker has held a licence that has been revoked, suspended or made subject to restrictions or conditions by the discipline committee or by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State, the relevant documents;

(10)  if the prospective broker has made an assignment of property or has been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), the relevant documents;

(11)  if the prospective broker has previously been convicted by a court of, or has pleaded guilty to, an offence under an Act or regulation of Québec, an offence under a federal Act or regulation or an indictable offence, the relevant documents;

(12)  if the prospective broker has been assigned a tutor, the relevant documents;

(13)  if the broker intends to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2) and Division VI.1 of Chapter I of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (chapter C-73.2, r. 1):

(a)  a statement of updated information on that corporation, published in the enterprise register and, if the corporation is constituted under a statute other than a statute of Québec, written confirmation from a competent authority attesting to the corporation’s existence; or

(b)  where the broker is not the sole shareholder, the names of all shareholders and, for each of them, the percentage of voting rights attached to the shares they hold; and

(14)  if the prospective broker is qualified or authorized to engage in brokerage transactions described in section 3.1 of the Real Estate Brokerage Act in a province, state or territory for which an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government, a certificate from a competent authority certifying and describing the scope of the qualification or authorization.

O.C. 295-2010, s. 5; O.C. 1255-2011, s. 1; O.C. 157-2012, s. 2; O.C. 1058-2012, s. 2; O.C. 937-2013, s. 4; S.Q. 2020, c. 11, s. 231; O.C. 174-2023, s. 9.

2022-11-01

5. A broker’s licence application must be filed with the following information and documents pertaining to the prospective broker if they are not already in the Organization’s possession:

(1)  if the prospective broker is a Canadian citizen, his or her act or certificate of birth or Canadian Citizenship Certificate;

(2)  if the prospective broker is not a Canadian citizen, the document issued by Canadian immigration authorities attesting status of permanent resident, or the work permit issued by those authorities;

(3)  the address of his or her establishment, including postal code, telephone and fax numbers and those of other communication devices and, if any, e-mail and website addresses. In the absence of an e-mail address, the applicant must ask the Organization to furnish one;

(4)  the prospective broker’s domicile address including postal code and telephone number;

(4.1)  an attestation, a diploma or a transcript showing that the prospective broker meets the requirement of paragraph 1.1 of section 1;

(5)  unless the prospective broker has passed the examination referred to in subparagraph a of subparagraph 4 of the first paragraph of section 1 in French, documents showing the applicant meets one of the requirements of subparagraph 4;

(6)  a colour photograph taken not more than 6 months preceding the application, on a white background showing the person from the shoulders up and with the face uncovered, submitted using any medium enabling the date on which it was taken to be ascertained;

(7)  the name and licence number of the agency for which the prospective broker undertakes to carry on brokerage activities or, if applicable, a mention that the prospective broker will be carrying on activities for his or her own account;

(8)  where applicable, a document from the executive officer of the agency for which the prospective broker will be carrying on brokerage activities to the effect that the agency undertakes to employ or authorize the person to act for the agency once he or she has been licensed;

(9)  if the prospective broker has held a licence that has been revoked, suspended or made subject to restrictions or conditions by the discipline committee or by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State, the relevant documents;

(10)  if the prospective broker has made an assignment of property or has been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), the relevant documents;

(11)  if the prospective broker has previously been convicted by a court of, or has pleaded guilty to, an offence or act, the relevant documents;

(12)  if the prospective broker has been assigned a tutor, the relevant documents;

(13)  if the broker intends to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2) and Division VI.1 of Chapter I of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (chapter C-73.2, r. 1):

(a)  a statement of updated information on that corporation, published in the enterprise register and, if the corporation is constituted under a statute other than a statute of Québec, written confirmation from a competent authority attesting to the corporation’s existence; or

(b)  where the broker is not the sole shareholder, the names of all shareholders and, for each of them, the percentage of voting rights attached to the shares they hold; and

(14)  if the prospective broker is qualified or 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 an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government, a certificate from a competent authority certifying and describing the scope of the qualification or authorization.

O.C. 295-2010, s. 5; O.C. 1255-2011, s. 1; O.C. 157-2012, s. 2; O.C. 1058-2012, s. 2; O.C. 937-2013, s. 4; S.Q. 2020, c. 11, s. 231.

2013-10-10

5. A broker’s licence application must be filed with the following information and documents pertaining to the prospective broker if they are not already in the Organization’s possession:

(1)  if the prospective broker is a Canadian citizen, his or her act or certificate of birth or Canadian Citizenship Certificate;

(2)  if the prospective broker is not a Canadian citizen, the document issued by Canadian immigration authorities attesting status of permanent resident, or the work permit issued by those authorities;

(3)  the address of his or her establishment, including postal code, telephone and fax numbers and those of other communication devices and, if any, e-mail and website addresses. In the absence of an e-mail address, the applicant must ask the Organization to furnish one;

(4)  the prospective broker’s domicile address including postal code and telephone number;

(4.1)  an attestation, a diploma or a transcript showing that the prospective broker meets the requirement of paragraph 1.1 of section 1;

(5)  unless the prospective broker has passed the examination referred to in subparagraph a of subparagraph 4 of the first paragraph of section 1 in French, documents showing the applicant meets one of the requirements of subparagraph 4;

(6)  a colour photograph taken not more than 6 months preceding the application, on a white background showing the person from the shoulders up and with the face uncovered, submitted using any medium enabling the date on which it was taken to be ascertained;

(7)  the name and licence number of the agency for which the prospective broker undertakes to carry on brokerage activities or, if applicable, a mention that the prospective broker will be carrying on activities for his or her own account;

(8)  where applicable, a document from the executive officer of the agency for which the prospective broker will be carrying on brokerage activities to the effect that the agency undertakes to employ or authorize the person to act for the agency once he or she has been licensed;

(9)  if the prospective broker has held a licence that has been revoked, suspended or made subject to restrictions or conditions by the discipline committee or by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State, the relevant documents;

(10)  if the prospective broker has made an assignment of property or has been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), the relevant documents;

(11)  if the prospective broker has previously been convicted by a court of, or has pleaded guilty to, an offence or act, the relevant documents;

(12)  if the prospective broker has been assigned a tutor, curator or adviser, the relevant documents;

(13)  if the broker intends to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2) and Division VI.1 of Chapter I of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (chapter C-73.2, r. 1):

(a)  a statement of updated information on that corporation, published in the enterprise register and, if the corporation is constituted under a statute other than a statute of Québec, written confirmation from a competent authority attesting to the corporation’s existence; or

(b)  where the broker is not the sole shareholder, the names of all shareholders and, for each of them, the percentage of voting rights attached to the shares they hold; and

(14)  if the prospective broker is qualified or 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 an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government, a certificate from a competent authority certifying and describing the scope of the qualification or authorization.

O.C. 295-2010, s. 5; O.C. 1255-2011, s. 1; O.C. 157-2012, s. 2; O.C. 1058-2012, s. 2; O.C. 937-2013, s. 4.

2012-12-13

5. A broker’s licence application must be filed with the following information and documents pertaining to the prospective broker if they are not already in the Organization’s possession:

(1)  if the prospective broker is a Canadian citizen, his or her act or certificate of birth or Canadian Citizenship Certificate;

(2)  if the prospective broker is not a Canadian citizen, the document issued by Canadian immigration authorities attesting status of permanent resident, or the work permit issued by those authorities;

(3)  the address of his or her establishment, including postal code, telephone and fax numbers and those of other communication devices and, if any, e-mail and website addresses. In the absence of an e-mail address, the applicant must ask the Organization to furnish one;

(4)  the prospective broker’s domicile address including postal code and telephone number;

(4.1)  an attestation, a diploma or a transcript showing that the prospective broker meets the requirement of paragraph 1.1 of section 1;

(5)  unless the prospective broker has passed the examination referred to in subparagraph a of subparagraph 4 of the first paragraph of section 1 in French, documents showing the applicant meets one of the requirements of subparagraph 4;

(6)  a colour photograph taken not more than 6 months preceding the application, on a white background showing the person from the shoulders up and with the face uncovered, submitted using any medium enabling the date on which it was taken to be ascertained;

(7)  the name and licence number of the agency for which the prospective broker undertakes to carry on brokerage activities or, if applicable, a mention that the prospective broker will be carrying on activities for his or her own account;

(8)  where applicable, a document from the executive officer of the agency for which the prospective broker will be carrying on brokerage activities to the effect that the agency undertakes to employ or authorize the person to act for the agency once he or she has been licensed;

(9)  if the prospective broker has held a licence that has been revoked, suspended or made subject to restrictions or conditions by the discipline committee or by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State, the relevant documents;

(10)  if the prospective broker has made an assignment of property or has been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), the relevant documents;

(11)  if the prospective broker has previously been convicted by a court of, or has pleaded guilty to, an offence or act, the relevant documents;

(12)  if the prospective broker has been assigned a tutor, curator or adviser, the relevant documents;

(13)  if the broker intends to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2) and Division VI.1 of Chapter I of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (chapter C-73.2, r. 1):

(a)  a statement of updated information on that corporation, published in the enterprise register and, if the corporation is constituted under a statute other than a statute of Québec, written confirmation from a competent authority attesting to the corporation’s existence; or

(b)  where the broker is not the sole shareholder, the names of all shareholders and, for each of them, the percentage of voting rights and the terms and conditions for participation in the dividends attached to the shares they hold; and

(14)  if the prospective broker is qualified or 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 an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government, a certificate from a competent authority certifying and describing the scope of the qualification or authorization.

O.C. 295-2010, s. 5; O.C. 1255-2011, s. 1; O.C. 157-2012, s. 2; O.C. 1058-2012, s. 2.

2012-09-01

5. A broker’s licence application must be filed with the following information and documents pertaining to the prospective broker if they are not already in the Organization’s possession:

(1)  if the prospective broker is a Canadian citizen, his or her act or certificate of birth or Canadian Citizenship Certificate;

(2)  if the prospective broker is not a Canadian citizen, the document issued by Canadian immigration authorities attesting status of permanent resident, or the work permit issued by those authorities;

(3)  the address of his or her establishment, including postal code, telephone and fax numbers and those of other communication devices and, if any, e-mail and website addresses. In the absence of an e-mail address, the applicant must ask the Organization to furnish one;

(4)  the prospective broker’s domicile address including postal code and telephone number;

(5)  unless the prospective broker has passed the examination referred to in subparagraph a of subparagraph 4 of the first paragraph of section 1 in French, documents showing the applicant meets one of the requirements of subparagraph 4;

(6)  a colour photograph taken not more than 6 months preceding the application, on a white background showing the person from the shoulders up and with the face uncovered, submitted using any medium enabling the date on which it was taken to be ascertained;

(7)  the name and licence number of the agency for which the prospective broker undertakes to carry on brokerage activities or, if applicable, a mention that the prospective broker will be carrying on activities for his or her own account;

(8)  where applicable, a document from the executive officer of the agency for which the prospective broker will be carrying on brokerage activities to the effect that the agency undertakes to employ or authorize the person to act for the agency once he or she has been licensed;

(9)  if the prospective broker has held a licence that has been revoked, suspended or made subject to restrictions or conditions by the discipline committee or by a body in Québec responsible for overseeing and monitoring real estate brokerage, or by such a body in another province or State, the relevant documents;

(10)  if the prospective broker has made an assignment of property or has been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), the relevant documents;

(11)  if the prospective broker has previously been convicted by a court of, or has pleaded guilty to, an offence or act, the relevant documents;

(12)  if the prospective broker has been assigned a tutor, curator or adviser, the relevant documents;

(13)  if the broker intends to carry on activities within a business corporation, in accordance with Division IV of Chapter II of the Real Estate Brokerage Act (chapter C-73.2) and Division VI.1 of Chapter I of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (chapter C-73.2, r. 1):

(a)  a statement of updated information on that corporation, published in the enterprise register and, if the corporation is constituted under a statute other than a statute of Québec, written confirmation from a competent authority attesting to the corporation’s existence; or

(b)  where the broker is not the sole shareholder, the names of all shareholders and, for each of them, the percentage of voting rights and the terms and conditions for participation in the dividends attached to the shares they hold; and

(14)  if the prospective broker is qualified or 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 an agreement on the mutual recognition of professional qualifications has been entered into by the Gouvernement du Québec and another government, a certificate from a competent authority certifying and describing the scope of the qualification or authorization.

O.C. 295-2010, s. 5; O.C. 1255-2011, s. 1; O.C. 157-2012, s. 2.