LIMC's file process and conduct of a session
You have been summoned to a session of the Licence Issue and Maintenance Committee or wish to know how the analysis process of a licence or information update application works? Here are the answers!
File process
Once a licence or information update application is submitted with all the documents required by the Organization, the file will be examined by the Certification Department.
If applicable, the file will be transferred to an analyst who will prepare all the documents to be submitted to the Licence Issue and Maintenance Committee (or “the committee”) so it can render its decision.
Once the file is complete and all the required documents are submitted, the OACIQ Registry Service will send you a notice about the date on which you can present your observations. The notice is sent at least 15 days before the date proposed.
On this occasion, the Registry Service informs you that you can produce documents to complete your file and submit observations. This notice includes documents submitted to the Committee to render its decision.
The Committee may request that you submit any information or document it deems necessary to render its decision. If you fail to provide such information or document, the committee may refuse to examine the application or may suspend your licence, as applicable, until the required document or information has been provided.
Furthermore, if you do not wish to show up before the committee to present your observations, you may send them in writing to the attention of the committee before the date scheduled for the session. You may also present your observations to the committee via teleconference. If you decide not to present any verbal or written observations before the committee, the latter may still render its decision.
Conduct of the committee's session
The Committee, which sits in divisions of three members, meets approximately once a month to review applications. One or two resource persons join the committee to ensure administrative support.
If you decide to attend the Committee’s session, the latter will hear your observations and then take a decision regarding your licence issuance or maintenance application. The observations presented before the committee are recorded.
You may consult a lawyer before presenting your observations to the committee. You may also be assisted by a lawyer of your choice before the committee. If you wish to call witnesses, it is your responsibility to request that from the Committee. The latter has discretion to accept or reject your request.
The committee's decision
A decision of the committee is made by a majority of the members. It must be recorded in writing and signed by the concurring committee members. Reasons must be given for a decision to refuse to issue or a decision to revoke, suspend or impose restrictions or conditions on a licence. The written decision is sent to the parties as soon as possible after the committee’s session.
A decision taken in respect of a licence holder who pleaded guilty to or found guilty of an offence or a criminal act related to the performance of brokerage transactions, remains valid until one of the following two situations occurs:
- until the syndic or assistant syndic decides not to file a complaint; or
- until the discipline committee renders a final, enforceable decision on a complaint filed by the syndic or assistant syndic.
Decision notice
When the Committee decides to suspend or revoke a licence or impose restrictions or conditions thereon, the decision must be made public according to terms and conditions prescribed by the By-Laws of the Organization, particularly by publishing a notice to that effect on its website.
The Organization also notifies the agency on behalf of which the individual is acting or should be acting about this decision.
Recourse
If you wish to dispute the Committee’s decision, you may do so by filing an appeal before the Court of Québec within 30 days from the date the decision is served on. An appeal does not suspend the contested decision unless a judge of the Court of Québec decides otherwise.
