Certification - Agency

A complete application will be processed as soon as possible. In some cases, there may be a delay of 7 to 10 business days. Note that an application submitted in April, i.e. during the annual licence maintenance period, requires a longer processing time.

If your application is incomplete, you will receive a notice indicating the missing documentation or information and the deadline by which it must be received. Where this is the case, your application will be processed only once all documentation or information is received. If you fail to complete your application within the deadline indicated, your application will not be processed, and a refund will be issued to you. However, administrative fees may apply.

A minimum period of 30 days is required before the OACIQ can respond to an agency licence issuance application. However, this period may vary depending on the complexity of the application where additional verifications are required or due to a delay, especially with regards to the steps taken by the future executive officer to submit the agency's Compliance Program.

In most cases you will receive an email confirming that your application has been processed. You may also check  the OACIQ’s Register of licence holders or My record on synbad.com, depending on the type of application, to see if the changes are applied.

It is important to know that if you have specified an effective date in your application, the change is in effect once it appears in the OACIQ’s Register of licence holders. Depending on the date and time your application was received, as well as the type of request, it may not be processed at the exact desired date (for example if your application was received outside of business hours, if it is incomplete or if further verifications are required).

No, an application may not be processed retroactively. Applications are processed within the normal period (see question 1).

Yes, an application may be processed at a later date. In this case, it is important to indicate the desired date in your application and to send it reasonably ahead of that date. For example, on July 28 you could send a notice of agency change applicable as of August 1.

Please read the article Application for an agency licence for the steps to follow to obtain an agency licence.

An agency licence holder may carry on his real estate brokerage activities under only one name (excluding its English version). This agency name must meet several criteria and comply with the regulations. In accordance with the general duties set out in section 62 and following of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising, an agency licence holder must not choose a name that is likely to compromise the honour or dignity of the profession or create controversy.

First, the selected name must comply with section 113 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

Among other things, it must not:

• contain information that could be confusing with another name, trademark, slogan, or be misleading, such as the extent of the services offered, nature and scope of the agency activities, geographic location (as the licence was issued for Quebec), etc. (For example: "The Contractor Agency ", "Canada Brokers Agency", "Real Estate Lender Agency," “Investment Management Agency”, “Investor Management Agency”);

• suggest that it designates more than one agency or that this agency is not an OACIQ licence holder (e.g.: “No middleman agency” or “Associated agencies”);

• be similar to another profession. In such a case, you should check with the professional order or regulatory body concerned (e.g.: "Building Engineer Agency," "The Real Estate Doctor Agency”);

• suggest that the agency holds a specialist title (e.g.: "Condo or Real Estate Experts Agency"), even if the name may contain the area of practice;

• use the following terms or expressions: “specializing in”, “specialized in”, “specialist in”, “specialties” or "specializations” because they are prohibited.

Registering the name with the REQ

Please note that the registration of the name is not the responsibility of the OACIQ. You must yourself take the necessary steps to register it with the Registraire des entreprises that you may contact directly for the applicable terms and conditions if necessary).  

The name must, in particular, comply with the limits imposed by the Act respecting the legal publicity of enterprises (CQLR, c. P-44.1). For example, it must comply with the provisions of the Charter of the French Language (CQLR, c. C-11), it must not be easily confused with the name of another company, etc.  For more information in this regard, read the Guideline – Representation, solicitation, promotion and advertising and the article entitled The statement of registration: sometimes a condition for issuing a licence.  

We invite you to read the article Application for an agency licence on synbad.com for the steps to follow to obtain an agency licence.

The agency licence holder may be a legal person, a corporation or a natural person.  The owner of the legal person or the company director does not have to hold a valid broker licence. However, the agency must be run by the holder of a valid broker licence who is qualified to act as agency executive officer. Please read the article Mandatory basic training: Becoming agency executive officers or acting on your own account for the steps to follow to qualify as an agency executive officer. 

Compliance Program

You must then consult the Compliance Program for agency executive officers, which has been designed to reinforce the real estate brokerage oversight and promote a culture of compliance among licence holders. The agency executive officer must ensure that all the agency directors, brokers and employees abide by the regulations and the Program approved by the Inspection Department.

To protect the public. This criminal record check is required to see whether a further examination of your file by the Licence Issue and Maintenance Committee (LIMC) is justified.

To learn more about the agency licence issuance process and the CDMP, please read the following articles: 

• Application for an agency licence;
• Obtaining a licence, a conditional privilege. 

If you have never informed the OACIQ, you must report any criminal act, even those for which the legal person or corporation is awaiting sentencing, or any penal or ethical offence the legal person or the partnership has been convicted of, or has pleaded guilty to, and any bankruptcy (assignment of property), whether or not you have been discharged, regardless of the time elapsed since that event.

The assignments of property or receiving orders made under the Bankruptcy and Insolvency Act (RSC (1985) B-3) must be mentioned. However, you do not need to inform us of a consumer proposal.

Criminal acts are violations under the Criminal Code, the Controlled Drugs and Substances Act, or other federal statutes containing criminal offences.

Penal offences are violations under provincial and federal statutes or under certain regulations.

Ethical offences are violations to the code of ethics or to a regulation governing the conduct of the members of a professional order or other type of organization responsible for the oversight of a profession or trade.

If you answered Yes to any of the questions in the Declarations section of the Application for licence issuance form, your file will be examined to determine if it needs to be examined by the OACIQ Licence Issue and Maintenance Committee (LIMC). The role of this Committee is to determine whether public protection warrants the imposition of one of the measures set out in the Act when the individual applying for a licence has had his licence revoked, suspended or made subject to restrictions or conditions by the Discipline Committee or by a body in Québec responsible for overseeing real estate brokerage, or by such a body in another province or State, is the subject of a property assignment, a receiving order, or a protective supervision of a person of full age or a disciplinary, penal or criminal conviction. If applicable, in accordance with section 37 of the Real Estate Brokerage Act, the OACIQ may refuse to issue a licence or impose conditions or restrictions thereon.

It is not always clear whether an act, offence or bankruptcy is worth mentioning. If in doubt, it’s better to report such information since the agency licence may be revoked if it’s noted that this was not done.

No. You must send a signed letter to the Certification Department to request the suspension or revocation of the agency licence and indicate the effective date. The letter must be signed by the agency executive officer. It can be digitized and sent by email.

For a suspension or revocation in the course of the year, you must pay an administrative fee for processing your application by attaching the payment stub to your email. If you do not wish to renew the agency licence on the annual renewal date (April 30), you can inform us in advance and you will be removed from the reminder lists for this purpose. Note that the non-payment of annual licence fees will result in a revocation of the agency licence and, at the same time, the suspension of the licence of all brokers working for your agency.

If you are intending to cease your agency activities, see section 10 of the Guideline – Licence Issue and Maintenance, which describes in detail the steps to be taken by an agency.

During the suspension or revocation period, the agency may not carry out brokerage transactions. For more information on this topic, read the article entitled A suspended or revoked licence bars the holder from practicing, available on synbad.com and the article entitled Consequences for an agency that does not meet its obligations.

The agency licence must be in a suspended status at all times during the disciplinary suspension period in order for the suspension to be applied.

The suspension period will begin 30 days after receipt of the decision (if there is no appeal) or at another time determined by the Discipline Committee or other tribunal. Once the suspension period is over, you may request that this measure be lifted by paying the related fees and completing the Application for an agency licence form (PDF).

Conversely, if you do not maintain your agency licence in force during this period, then the suspension will begin or resume, as the case may be, when your licence is reinstated.

Example: If a disciplinary decision is issued on January 15, 2020 ordering a 6-month suspension period, this period will normally become active 30 days later, unless otherwise instructed by the Discipline Committee, i.e. on February 15, 2020. Since the suspension period will straddle the April 30 date (annual licence renewal date), if you do not pay your licence renewal fees, you will be automatically revoked (without a valid licence) and the suspension will not continue to run during your licence revocation period. To return to practice, you must:

1) Pay the applicable fees and fulfil the other conditions to get an agency licence;

2) Continue and complete the suspension period as stipulated in the disciplinary sanction, following the issuance of your agency licence;

3) Once the suspension period is over, you can request the lifting of the suspension by filling out the form designed for this purpose and pay the related fees.

If your licence is revoked at the time the decision comes into force, the suspension will start when you apply for a licence. You may then request that the suspension be lifted at the end of the suspension period. To do so, you will need to pay the related fees and complete the Application for an agency licence form (PDF).

Example: If a disciplinary decision is rendered on January 15, 2020 ordering a 6-month suspension period, this period will normally become active 30 days later, unless otherwise instructed by the Discipline Committee, i. e. on February 15, 2020. However, as your licence has been revoked for non-renewal since April 30, 2019, the suspension period will not begin until your licence is reinstated. To return to practice, you must:

1) Pay the applicable fees and fulfil the other conditions to get an agency licence;

2) Complete the suspension period as stipulated in the disciplinary sanction, following the issuance of your agency licence;

3) Once the suspension period is over, you can request the lifting of the suspension. To do so, you will need to pay the related fees and complete the Application for an agency licence form (PDF).

You must complete and send the form Request for lifting of licence suspension – Real estate broker licence – Real estate agency licence – Natural person or a Request for lifting of licence suspension – Real estate agency – Legal person and partnership to the Certification Department, along with the applicable fees (see List of administrative fees).

The agency licence holder must also comply with any other obligation, including:

• The payment of any sum due to the OACIQ;
• The remedial of the situation which resulted in the licence suspension, if applicable;
• The completion of the Mandatory annual information update. 

You should follow the steps indicated in question 5.

In addition to updating the contact information of the agency, including email address, you should immediately notify the Certification Department of any change in the information that was already provided during the agency licence application or during the last agency information update. Among other things, you must inform us of any criminal act or penal or ethical offence the legal person or corporation has been convicted of or pleaded guilty to, even those for which the legal person or corporation is awaiting sentencing as well as any bankruptcy, whether or not the legal person or corporation has been discharged of this bankruptcy.

The file will then be examined to determine whether it should be reviewed by the Licence Issue and Maintenance Committee (LIMC). If public protection warrants, the LIMC could decide to impose one of the measures provided under the Act. If applicable, pursuant to section 38 of the Real Estate Brokerage Act, the OACIQ may suspend, revoke or impose restrictions or conditions on a licence. 

Please note that you must also inform the OACIQ of any professional liability claim filed against the agency with FARCIQ within 10 days of becoming aware of it. You must also inform the OACIQ if the agency files a notice of loss with FARCIQ.

If changes need to be made to the agency record, the agency executive officer must immediately update the agency information by using the Statements link in the Personal Information section in My record on synbad.com, without waiting for the mandatory annual information update period.

Please read the article In case of bankruptcy or conviction, informing the OACIQ is essential for more information.

If the OACIQ finds that you have not updated information (e.g. the legal person or corporation declared bankruptcy) or a document (e.g. name change with the Registraire des entreprises du Québec) required under the Real Estate Brokerage Act or the Regulation respecting broker’s and agency licences, you will receive a letter requesting that you do so by a specific date.

If you fail to respond to this request within the specified period, the agency licence will be suspended, as stipulated in section 16 of the Regulation respecting broker’s and agency licences. 

Read the article Consequences for an agency hat does not meet its obligations for more information.

If the legal person or partnership declares bankruptcy, whether it has done an assignment of property or is under a receiving order under the Bankruptcy and Insolvency Act, you must notify the OACIQ without delay, by following the steps outlined in question 16, whether or not it has been discharged of this bankruptcy. At that time you must also complete and send the Form to be completed in case of bankruptcy (PDF) and include all required documentation indicated therein. For more information on this, see questions 15 and 16.

You must apply to the OACIQ for approval and wait for an official response before taking any steps with the Registraire des entreprises du Québec (REQ). To do this, email the new information to the Certification Department and be sure to include your name, licence number and desired new name for your agency. Once the name is approved by the OACIQ and registered with the Registraire des entreprises (REQ), you must send us the Request for change of name – Real estate agency (PDF) signed by the agency executive officer, including all the information required to make the change, along with the applicable fees (see List of administrative fees).

For the criteria to be met for choosing an agency name, see question 6.

You may contact the Certification Department by phone at 450-462-9800 or 1-800-440-7170, by fax at 450-676-3513, or by email at [email protected]. Note that the identity of the person who makes an address change will be verified.

To add or close an establishment, you must send us a document signed by the agency executive officer, indicating the agency's licence number, the establishment's contact information and the date on which the change takes effect. There is no fee for this type of request.

Note that as soon as a new establishment opens, at least one broker must be transferred to it. To transfer one of your brokers  to this new establishment, see question 22.

To transfer a broker to a new establishment, you must send us a document signed by the agency executive officer or an authorized person, indicating the broker’s name, his licence number and the address of the new establishment. Note that a broker cannot be assigned to two establishments at the same time. You must include the required payment fees for processing your application by attaching this payment stub duly completed to your email.

Note that you do not need to notify us when a broker is working in a temporary office of the agency, for example during a transaction that took place in a region other than the one where the establishment to which the broker is assigned is located, or when installing a satellite office.

You must send us a document signed by the agency executive officer (or an authorized person), indicating the broker’s name, his licence number and the date the activities were terminated in your agency. There is no fee for this type of request.

This notice will lead to the suspension of the broker's licence. In the Register of licence holders, which is updated on a daily basis, the broker's licence will no longer be linked to your agency and will show the date his or her licence was suspended.

If the agreement reached with the broker concerns a request for an agency change, the broker will have to take all the necessary steps with his new agency and send us the form Notice of change of real estate agency (PDF). We invite you to read the article Notice – Agency or status change.

You must complete and send the Appointment of agency executive officer (PDF) form along with the applicable fees and signed by the current executive officer, the majority shareholder or president of the legal person or partnership, as well as the new agency executive officer to the Certification Department at [email protected].

If the new agency executive officer is qualified to act in this capacity and meets all the requirements, the change will be made and you will receive a confirmation email. For more information, read the article Steps for appointing a new agency executive officer.

An agency must be run by a broker’s licence holder having the required qualifications to act as an executive officer, as set out in section 34 of the Regulation respecting broker’s and agency licences.

If you no longer have an agency executive officer, you will have 60 days to appoint a new one, failing which the agency licence and those of all brokers associated with it will be suspended. To appoint a new agency executive officer, please see question 24.

The Appointment of signing officer (PDF) form must be completed and submitted to the OACIQ. The form must be signed by the authorized person and the agency executive officer. There are no fees to pay. Please read the article Authorized signatory for an agency to see who can be designated as such. The name of this person will then be added to the list of persons authorized to sign the Certification forms for the agency in the agency record.

It is important to notify us of any changes regarding the persons authorized to sign for the agency by completing the Withdrawal of authorization section of the Appointment of signing officer form (PDF).

You must apply to the OACIQ by completing the form Authorizing or withdrawing a collaborator’s access to synbad.com (PDF) and send it by email to [email protected]. It is important to notify us of any changes when a collaborator leaves your agency by filling out the same form. For more information, read the article Granting an agency collaborator access to synbad.com.

No. The Regulation respecting broker’s and agency licences provides that in order to be qualified as executive officer of a real estate agency, the individual must not be holder of a real estate broker’s licence that was suspended or made subject to restrictions or conditions. If the LIMC imposes conditions or restrictions and conditions on your licence, you cannot act as executive officer of a real estate agency for the duration of said conditions or restrictions.

For further information, visit the page on the Licence Issue and Maintenance Committee.