By-law amending the By-law of the Association des courtiers et agents immobiliers du Québec

Article Number: 3945
2003/06/26 - 00:00

Real Estate Brokerage Act

(R.S.Q., c. C-73.1, s. 74)

1. The By-Law of the Association des courtiers et agents immobiliers du Québec, approved by Order in Council 1865-93 dated 15 December 1993, is hereby amended by the insertion of the following after section 25:

“25.1 In cases concerning the issuance of a certificate as prescribed by paragraph 2 of section 21 of the Regulation respecting the application of the Real Estate Brokerage Act, the provisions of sub-division 2.1 of Division VI shall apply with any necessary modifications.”

2. This By-law is amended by the insertion under Division VI, after sub-division 2 entitled “Cancellation of a certificate”, of the following sub-division:

“2.1 Cancellation process

37.1 In case of cancellation of a real estate broker’s or agent’s certificate under paragraph 1 of section 34 and paragraph 1 of section 35 as prescribed by paragraph 2 of section 21 of the Regulation respecting the application of the Real Estate Brokerage Act:

1° The Association shall notify the member in writing of the possibility of his certificate being cancelled by operation of law;

2° The Board of Directors must allow the member to be heard or to make written representations to it, after giving the member 10 days’ notice;

3° The Board of Directors’ decision to the effect that the criminal offence is related to the activity of real estate broker or agent takes effect the day it is rendered, if applicable;

4° The Board of Directors’ decision shall be recorded in writing and documented; it is transmitted to the member concerned as soon as possible.”

3. This By-law is amended by the insertion of the following after section 41:

“41.1 In case of renewal of a certificate as prescribed by paragraph 2 of section 21 of the Regulation respecting the application of the Real Estate Brokerage Act, the provisions of sub-division 2.1 of Division VI shall apply with any necessary modifications.”

4. This By-law is amended by the insertion of the following after section 42:

“42.1 In case of reinstatement of a certificate as prescribed by paragraph 2 of section 21 of the Regulation respecting the application of the Real Estate Brokerage Act, the provisions of sub-division 2.1 of Division VI shall apply with any necessary modifications.”

5. This By-law is effective (enter date or moment By-law comes into force).