5. Broker licence status: suspension, revocation, conditions and restrictions

5. Licence status

5.1 Licence suspension

5.2 Licence revocation

5.2.1 Acquired rights period

5.3 Licence made subject to conditions or restrictions

5. Licence status

A licence’s status is indicated in the Register of licence holders. A valid licence means that the holder may carry out real estate brokerage transactions in the field of practice in which he is authorized to practice by the OACIQ. If the licence status shows “suspended” or “revoked”, the person may not engage in real estate brokerage transactions. This information can be found in the Register of licence holders, along with disciplinary notices or statements that impose conditions or restrictions on the licence.

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5.1 Licence suspension

A licence suspension¹ means that the holder’s right to practice has been suspended. Suspension can occur for different reasons, including:

• Voluntary suspension by the broker;
• Ceasing of activities (e.g. career change or retirement);
• Failure to complete a training activity further to a commitment;
• Failure to update one’s photo every five years;
• Failure to complete one’s Mandatory Continuing Education Program;
• Failure to update one’s personal information in accordance with the regulation;
• Suspension or revocation of the licence of the real estate agency on behalf of which the broker acts;
• Suspension by decision of the OACIQ Discipline Committee;
• Suspension by decision of the OACIQ Licence Issue and Maintenance Committee;
• Failure to meet all the requirements of section 15 of the Regulation respecting broker’s and agency licences.

An agency or broker whose licence is suspended – and not revoked – still has an obligation to make regulatory disclosures. A broker’s whose licence is suspended while he is acting on behalf of an agency has the following obligations:

• Keep his own register of disclosure notices;
• Send this register to the OACIQ by March 31 of the following year;
• Keep a single record of the notice(s) he has provided.

The holder of a suspended licence also has an obligation, whether or not in the course of his functions, to provide a disclosure notice if he directly or indirectly holds or proposes to acquire an interest in an immovable or enterprise by purchase, sale or exchange. The same applies if he acts or proposes to act as a lender in connection with a loan secured by immovable hypothec. In this case he must follow the guidelines set out in section 18 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

Note that licence fees will not be reimbursed if a licence is suspended in the course of the year. If the suspension period straddles the licence renewal date of April 30 of the current year, and the licensee wishes to maintain his suspended licence, he must pay the licence maintenance fees. Failure to do so will result in the revocation of the licence with the attending consequences (see section 5.2 – Licence revocation).

Once the applicable suspension lifting and regulatory conditions have been met, the licence may apply for the lifting of his licence suspension, subject to the payment of applicable fees.

¹Section 15 of the Regulation respecting broker's and agency licences.
 ² Sections 24 to 26 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising. 

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5.2 Licence revocation

A revoked licence¹ means that the person no longer holds a valid real estate broker’s licence. Revocation can occur for different reasons, including:

• Voluntary revocation by the broker;
• Failure to pay the annual licence maintenance fees;
• Failure to pay a fine imposed by the Discipline Committee or any other sum due to the OACIQ;
• Failure to meet any other requirement under section 19 of the Regulation respecting broker’s and agency licences;
• Revocation by order of the OACIQ Discipline Committee or the OACIQ Licence Issue and Maintenance Committee.

A broker whose licence is revoked will receive a refund of his professional liability premium for an amount corresponding to the number of months remaining until the following May 1. The refund is calculated according to the terms of the insurance policy.

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5.2.1 Acquired rights period

Following a licence revocation, the regulations call for a 12-month period of “acquired rights” during which the real estate broker may return to the practice without having to complete a recognized basic training program and pass the OACIQ certification examination anew. Until the end of this 12-month period, the broker whose licence is revoked with acquired rights may:

1. apply for a new real estate broker’s licence in the same category by fulfilling the requirements;
2. maintain his acquired rights for an additional year by following the applicable procedure (via the acquired rights Online Checkout or by completing the form Licence application for the maintenance of acquired rights (PDF) and by paying the applicable fees).

When a licensee who has lost his acquired rights wishes to return to the practice of real estate brokerage, he will have to complete a recognized basic training program and pass the OACIQ certification examination prior to being able to apply for a licence.²

¹ Good to know: When a person applies to the OACIQ for a licence and, following an analysis of his declarations and background, his file is submitted to the Licence Issue and Maintenance Committee (LIMC), it is important to maintain his acquired rights to avoid various consequences. Where applicable, if the decision is in favour of issuing a licence, the fees associated with the acquired rights maintenance will be reimbursed. In the event of a refusal to issue a licence or cancellation of the application, the applicant's acquired rights will be maintained for an additional year.

² Exception: A person who has completed a basic training program recognized by the OACIQ after September 1, 2013, will not be required to complete it again. However, this person must pass a new skills-based certification examination, as provided for in paragraph 1.1 of the Regulation respecting the broker’s and agency licences.

Returning to practice

In order to return to the practice of real estate brokerage following a period of acquired rights, a person must meet the continuing education requirements, which means having obtained all the CEUs required during this period.
Obligations vary based on the start date of the acquired rights period as well as on the training cycles in effect at the time.
For details, read the article Maintaining your acquired rights or returning to practice.

Maintaining acquired rights

It is possible for a broker to maintain his acquired rights each year. To do so, he must meet the conditions set out in paragraphs 1, 3 and 5 to 9 of section 1 of the Regulation respecting the broker’s and agency licences, including:

• Have completed all training activities imposed by the Inspection Committee or the Discipline Committee, or arising from a commitment;
• Have reimbursed the OACIQ for any indemnity amount paid pursuant to a decision by the Indemnity Committee;
• Not have failed to comply with an order of the Discipline Committee or a court or to pay any fine and any interest, costs and charges owing to the OACIQ pursuant to a decision of the Discipline Committee or to a court decision.

The fees to maintain one’s acquired rights vary depending on the month in which the broker takes action. Since the fees are prorated based on the months remaining until April 30, i.e. the date by which licence maintenance fees must be paid, the fees to keep one’s acquired rights will be higher in June than in March. To benefit from the best rate, it is therefore recommended to pay one’s rights maintenance fees on April 30. Depending on the broker’s situation, it will be a question of advancing the date or paying the fees again to maintain his acquired rights on April 30. For details, read the article Maintaining your acquired rights or returning to practice.

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5.3 Licence made subject to conditions or restrictions

A broker’s licence can be made subject to conditions or restrictions by the OACIQ Licence Issue and Maintenance Committee (LIMC) or Discipline Committee.

These conditions or restrictions will appear in the Register of licence holders under “Disciplinary notices and statements,” and specify the nature and duration of the conditions or restrictions. A licence holder who fails to abide by the conditions or restrictions imposed will have his right to carry out professional real estate brokerage activities suspended until he does so.

Following the updating of personal information by the broker or at the time of an application for issuance, the following may be submitted to the LIMC:¹

1. Cases involving bankruptcy (assignment of property or receiving order);
2. Cases involving guardianship and protection mandate;
3. Cases where a licence holder has had his licence revoked, suspended or made subject to conditions or restrictions in the past by the OACIQ Discipline Committee or by a body in another province or State responsible for overseeing and monitoring real estate brokerage.
4. Cases involving conviction by a court or guilty plea to an offence or indictable offence which, in the OACIQ’s opinion, has a link with the practice of real estate brokerage. 

In such cases, the LIMC may decide to impose a measure provided for in the Real Estate Brokerage Act, which can include refusing to issue or revoking a licence where warranted for the protection of the public. The LIMC may also impose conditions or restrictions, as can the OACIQ Discipline Committee as part of a disciplinary sanction.

¹ Sections 37, 38 and 98 of the Real Estate Brokerage Act.

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