Conditions of practice

Since 2018, leasing brokerage (residential and commercial) is no longer an act reserved for real estate brokers. Unlicensed enterprises or individuals can engage in leasing brokerage transactions, but they may not use a title that leads others to believe that they are real estate brokers, as this designation is reserved for OACIQ licence holders.

However, a licence holder who carries out leasing real estate brokerage transactions remains bound to his obligations under the Real Estate Brokerage Act (REBA) and its regulations, including the obligation to collaborate.

Because the analysis of a commercial leasing offer can involve data relating to the financial health of the asset, collaboration between the brokers representing the lessor and the lessee may result in the exchange of sensitive information to facilitate decision-making. In such cases, a confidentiality agreement can be signed between the parties where circumstances warrant, establishing a framework for the sharing of information.

As stipulated under section 2 of the Real Estate Brokerage Act, the holder of a licence issued by a jurisdiction other than Québec must obtain a special authorization or a licence issued by the OACIQ to engage in leasing brokerage activities in Québec.

Such special authorization may be granted under certain conditions following review of the application by the OACIQ, provided it meets the principles of interprovincial labour mobility agreements.

Read the article Labour mobility and special authorizations for more information on labour mobility principles and associated conditions.

Learn more about special authorizations in the Guideline on licence issue and maintenance and Chapter III of the Regulation respecting broker’s and agency licences.