C-73.1 - Real Estate Brokerage Act

Section 2 Disposition versions

2009-12-04

2. The following persons are not subject to this Act, unless they use a title the use of which is restricted:

(1)  advocates and notaries who, in the course of their practice, engage in a transaction mentioned in section 1;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs who, in the performance of their duties, engage in a transaction mentioned in section 1;

(3)  tutors, curators, liquidators of a succession, trustees and fiduciaries who, in the performance of their duties, engage in a transaction mentioned in section 1;

(4)  forest engineers, with regard to a transaction mentioned in section 1 relating to forest property or timber limits;

(5)  authorized members of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26), with regard to a loan secured by hypothec or to the purchase or sale of an enterprise, promises of purchase or sale of an enterprise or the purchase or sale of such promises;

(6)  chartered administrators, with regard to immovable property managed by them, when leasing such property or engaging in a transaction relating to a loan secured by hypothec;

(7)  receivers appointed under the Act respecting the Autorité des marchés financiers (chapter A-33.2);

(8)  trust companies with regard to immovable property held or managed by them for others;

(9)  banks, savings and credit unions, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies with regard to loans secured by a hypothec in their own names or their client’s name;

(10)  any employee who, in the course of his principal occupation, engages in a transaction mentioned in section 1 on behalf of his employer when the latter is not a broker.

1991, c. 37, s. 2; 1994, c. 40, s. 457; 1999, c. 40, s. 95; 2000, c. 29, s. 722; 2009, c. 58, s. 50.

2001-07-01

2. The following persons are not subject to this Act, unless they use a title the use of which is restricted:

(1)  advocates and notaries who, in the course of their practice, engage in a transaction mentioned in section 1;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs who, in the performance of their duties, engage in a transaction mentioned in section 1;

(3)  tutors, curators, liquidators of a succession, trustees and fiduciaries who, in the performance of their duties, engage in a transaction mentioned in section 1;

(4)  forest engineers, with regard to a transaction mentioned in section 1 relating to forest property or timber limits;

(5)  authorized members of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26), with regard to a loan secured by hypothec or to the purchase or sale of an enterprise, promises of purchase or sale of an enterprise or the purchase or sale of such promises;

(6)  chartered administrators, with regard to immovable property managed by them, when leasing such property or engaging in a transaction relating to a loan secured by hypothec;

(7)  provisional administrators appointed under the Act respecting insurance (chapter A-32), the Act respecting financial services cooperatives (chapter C-67.3), the Act respecting trust companies and savings companies (chapter S-29.01) or the Securities Act (chapter V-1.1) who, in the performance of their duties, engage in a transaction mentioned in section 1;

(8)  trust companies with regard to immovable property held or managed by them for others;

(9)  banks, savings and credit unions, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies with regard to loans secured by a hypothec in their own names or their client’s name;

(10)  any employee who, in the course of his principal occupation, engages in a transaction mentioned in section 1 on behalf of his employer when the latter is not a broker.

1991, c. 37, s. 2; 1994, c. 40, s. 457; 1999, c. 40, s. 95; 2000, c. 29, s. 722.

1999-10-22

2. The following persons are not subject to this Act, unless they use a title the use of which is restricted:

(1)  advocates and notaries who, in the course of their practice, engage in a transaction mentioned in section 1;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs who, in the performance of their duties, engage in a transaction mentioned in section 1;

(3)  tutors, curators, liquidators of a succession, trustees and fiduciaries who, in the performance of their duties, engage in a transaction mentioned in section 1;

(4)  forest engineers, with regard to a transaction mentioned in section 1 relating to forest property or timber limits;

(5)  authorized members of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26), with regard to a loan secured by hypothec or to the purchase or sale of an enterprise, promises of purchase or sale of an enterprise or the purchase or sale of such promises;

(6)  chartered administrators, with regard to immovable property managed by them, when leasing such property or engaging in a transaction relating to a loan secured by hypothec;

(7)  provisional administrators appointed under the Act respecting insurance (chapter A-32), the Savings and Credit Unions Act (chapter C-4.1), the Act respecting trust companies and savings companies (chapter S-29.01) or the Securities Act (chapter V-1.1) who, in the performance of their duties, engage in a transaction mentioned in section 1;

(8)  trust companies with regard to immovable property held or managed by them for others;

(9)  banks, savings and credit unions, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies with regard to loans secured by a hypothec in their own names or their client’s name;

(10)  any employee who, in the course of his principal occupation, engages in a transaction mentioned in section 1 on behalf of his employer when the latter is not a broker.

1991, c. 37, s. 2; 1994, c. 40, s. 457; 1999, c. 40, s. 95.

1994-10-15

2. The following persons are not subject to this Act, unless they use a title the use of which is restricted:

(1)  advocates and notaries who, in the course of their practice, engage in a transaction mentioned in section 1;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs who, in the performance of their duties, engage in a transaction mentioned in section 1;

(3)  tutors, curators, testamentary executors, trustees and fiduciaries who, in the performance of their duties, engage in a transaction mentioned in section 1;

(4)  forest engineers, with regard to a transaction mentioned in section 1 relating to forest property or timber limits;

(5)  authorized members of a professional order of accountants mentioned in Schedule I to the Professional Code (chapter C-26), with regard to a loan secured by hypothec or to the bulk purchase or bulk sale of a stock-in-trade, promises of bulk purchase or bulk sale of a stock-in-trade or the purchase or sale of such promises;

(6)  chartered administrators, with regard to immovable property managed by them, when leasing such property or engaging in a transaction relating to a loan secured by hypothec;

(7)  provisional administrators appointed under the Act respecting insurance (chapter A-32), the Savings and Credit Unions Act (chapter C-4.1), the Act respecting trust companies and savings companies (chapter S-29.01) or the Securities Act (chapter V-1.1) who, in the performance of their duties, engage in a transaction mentioned in section 1;

(8)  trust companies with regard to immovable property held or managed by them for others;

(9)  banks, savings and credit unions, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies with regard to loans secured by a hypothec in their own names or their client’s name;

(10)  any employee who, in the course of his principal occupation, engages in a transaction mentioned in section 1 on behalf of his employer when the latter is not a broker.

1991, c. 37, s. 2; 1994, c. 40, s. 457.

1994-01-15

2. The following persons are not subject to this Act, unless they use a title the use of which is restricted:

(1)  advocates and notaries who, in the course of their practice, engage in a transaction mentioned in section 1;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs who, in the performance of their duties, engage in a transaction mentioned in section 1;

(3)  tutors, curators, testamentary executors, trustees and fiduciaries who, in the performance of their duties, engage in a transaction mentioned in section 1;

(4)  forest engineers, with regard to a transaction mentioned in section 1 relating to forest property or timber limits;

(5)  authorized members of a professional corporation of accountants mentioned in Schedule I to the Professional Code (chapter C-26), with regard to a loan secured by hypothec or to the bulk purchase or bulk sale of a stock-in-trade, promises of bulk purchase or bulk sale of a stock-in-trade or the purchase or sale of such promises;

(6)  chartered administrators, with regard to immovable property managed by them, when leasing such property or engaging in a transaction relating to a loan secured by hypothec;

(7)  provisional administrators appointed under the Act respecting insurance (chapter A-32), the Savings and Credit Unions Act (chapter C-4.1), the Act respecting trust companies and savings companies (chapter S-29.01) or the Securities Act (chapter V-1.1) who, in the performance of their duties, engage in a transaction mentioned in section 1;

(8)  trust companies with regard to immovable property held or managed by them for others;

(9)  banks, savings and credit unions, insurance companies, mutual insurance associations, mutual benefit associations, savings companies and trust companies with regard to loans secured by a hypothec in their own names or their client’s name;

(10)  any employee who, in the course of his principal occupation, engages in a transaction mentioned in section 1 on behalf of his employer when the latter is not a broker.

1991, c. 37, s. 2.