What are the rules concerning electronic document management (EDM)?

If your records and documents are kept in your computer or on a server, or if you have specific software in your establishment to manage your transaction records and administrative records, you have what is called an electronic document management (EDM) system.

Becoming more widespread in agencies, the EDM offers several benefits, including:

• Centralization of documents, which allows for:
  • Quick, simultaneous and remote access
  • Facilitated management and follow-up of files
• Enhanced security of documents,
  • by the possibility of recovering them during a disaster or a system deficiency, when backups are made
  • Control of access to documents, depending on everyone's role
• Savings on office and storage space costs

It is up to the agency to decide whether it allows documents to be kept electronically, and to the agency executive officer to supervise brokers to ensure that records and registers are properly kept, maintained, used and destroyed.

Once it is well established and well managed, EDM offers several advantages, but can quickly become problematic if some basic principles are not respected. In this regard, the OACIQ published two reference documents for agencies and brokers acting on their own account who wish to implement an electronic document management system:

• Technical Specifications
• Digitization Guide

At all times, the processes, mechanisms or procedures put in place for electronic document management must respect the basic principles to ensure the security of information, namely integrity, availability and confidentiality.

Integrity: State of a document which, during its processing, preservation or transmission, does not undergo any deliberate or accidental alteration or destruction, and keeps a format permitting its use.

Availability: Property according to which information must be accessible in a timely fashion as required by authorized persons.

Confidentiality: Ensuring that information is accessible only to those authorized to access it.

Systems certified by the OACIQ have the technical specifications that meet certain requirements of the Real Estate Brokerage Act and the Act to establish a legal framework for information technology (AELFIT). As at June 12, 2018, seven firms have been certified. They are:

• eZmax
• Nexone
• Prospects
• Docem
• doQtek/immo
• GIMMI Web
• TransactionDesk

Effective in Quebec since November 1, 2001, the AELFIT has given legal recognition to the use of technology-based documents in day-to-day business. These documents now have probative value as great as the traditional paper documents. The AELFIT aims at overseeing practices and laying down rules to ensure that technology-based documents retain this probative value throughout their life cycle.

The agency may use the EDM system it wants. If an uncertified EDM system is used, the agency executive officer must ensure that it meets the technical specifications issued by the OACIQ.