Last update : May 1st, 2020
Since May 1, 2020, mortgage brokerage will be a sector subject to the Act respecting the distribution of financial products and services This link will open in a new window (the “Distribution Act”) and regulated by the AMF. Therefore, beginning on May 1, 2020, two separate authorizations will be required to carry on mortgage brokerage and real estate brokerage activities: a mortgage broker certificate issued by the AMF and a real estate broker licence issued by the OACIQ.
Transition and steps to take
Refer to the Transition and steps to take web page to learn about the terms and conditions applicable to:
- mortgage brokers, real estate brokers and holders of acquired rights granted by the OACIQ;
- mortgage agencies and real estate agencies.
Real estate brokers who have not requested that the OACIQ transfer their file to the AMF and who wish to continue carrying on mortgage brokerage activities must satisfy all of the conditions of issuance of a representative’s certificate.
Notice and Regulations
Consult Notice relating to the regulatory framework applicable to mortgage brokerage (pdf - 60 KB)This link will open in a new windowUpdated on 9 April 2020"Notice, regulatory framework, mortgage brokerage"
Consult the Regulations
The final version of the regulations was published in the Gazette officielle du Québec on April 8, 2020 and in the AMF’s Bulletin on April 9, 2020.
These regulations came into force on May 1, 2020.
The fees indicated are based on the draft Regulation to amend the Regulation respecting fees and contributions payable(pdf - 60 KB)This link will open in a new windowUpdated on 30 April 2020Version consolidée administrative du Règlement sur les droits, les cotisations et les frais exigibles. that was published on April 29, 2020 in the Gazette officielle du Québec and will come into force on May 14, 2020. The final regulation will be published in the Gazette officielle du Québec and the AMF’s Bulletin.
The AMF will be informed of the number of continuing education units (CEUs) that are missing under the OACIQ Mandatory Continuing Education Program. That number will be added to the total number of professional development units (PDUs) that will have to be accumulated with the AMF during the first 24-month reference period, i.e. from May 1, 2020 to April 30, 2022.
To learn more about your professional development obligations.
The AMF may refuse to issue or renew a certificate in mortgage brokerage or may impose conditions or restrictions on the certificate where, in its opinion, the applicant is in a situation it considers to be incompatible with the pursuit of activities in that sector.
The incompatible activities and occupations set out in the Regulation respecting the pursuit of activities as a representative (pdf - 220 KB)This link will open in a new windowUpdated on 8 April 2020"règlement,exercice,activités,représentants" are those for which a conflict of interest or appearance of conflict of interest is clear and obvious. However, the list is not comprehensive: other activities or occupations could be considered incompatible.
Mortgage brokers must, within their relationship with a client, perform all the acts that make up a brokerage transaction.
To learn more about mortgage brokerage transactions
Client referrals and commission sharing
Beginning May 1, 2020, the practices and rules established by the AMF for client referrals and commission sharing will apply to mortgage brokerage.
To learn more about client referrals and commission sharing
The responsible officer oversees the conduct of representatives and ensures that representatives and employees comply at all times with the Distribution Act and its regulations.
To learn more about a responsible officer’s obligations and the conditions for becoming a responsible officer
Professional liability insurance
Under the Distribution Act and its regulations, all registrants must subscribe for and maintain professional liability insurance covering their activities.
Transitional measures apply to candidates who, on May 1, 2020, have already initiated steps to become a mortgage broker.