To verify that the person presenting themselves as the borrower is who they claim to be, the AMF recommends that mortgage brokers do the following:

	In-person meeting	Remote meeting (where unable to see the person)
Verify	Verify a current identity document issued by a reliable source, containing the person's name, date of birth and photograph. Documents issued by a reliable source include: Driver’s licence Health insurance card Passport Confirm the person’s identity.	Verify two current identity documents, issued by reliable sources, each containing the person’s name and date of birth, and one containing the person’s photograph or, failing that, verify at least two documents attesting, together, to the person’s name, date of birth and home address.   Confirm the person’s identity.
Record	Record in writing: The date the identity was verified The type of document used and its expiry date The person’s name and date of birth A mortgage broker needs to refer to the client’s date of birth when carrying out work without the client being present (e.g., credit report). Consequently, this information should be recorded and kept in the client record. This practice would not be contrary to section 21.1(9)(d) This link will open in a new window and the last paragraph of the Regulation respecting firms, independent representatives and independent partnerships This link will open in a new window. The person’s home address, telephone number and e-mail address	Record in writing: The date the identity was verified The types of documents used and their expiry dates The person’s name and date of birth The person’s home address, telephone number and e-mail address
Keep in the client record	A copy of the document in which the information is recorded This link will open in a new window.	A copy of the document in which the information is recorded. A copy of the identity documents This link will open in a new window enabling the identification of the borrower.

The mortgage broker should ascertain the identity of the mortgage lender and, if applicable, of the surety and other parties to the proposed transaction, in the same manner as indicated for the borrower, minus the steps of recording and keeping a record of the information from the identity documents.

Verifying legal capacity

A mortgage broker must also verify and ascertain the legal capacity of the borrower or the borrower’s representative This link will open in a new window to enter into the proposed transaction as well as the legal capacity of the mortgage lender and, if applicable, of the surety and other parties to the transaction.

Mortgage brokers, who are required to act with prudence and diligence in pursuing their activities, must ensure they transact business with a person who:

• Is of full age
• Is of sound mind
• Is the duly registered owner of the property covered by the brokerage contract
• Holds a valid resolution authorizing them to act on behalf of an entity they represent, where applicable

Also, if the borrower is represented by a third party acting on their behalf, the mortgage broker must ensure that the third party presents a valid specific mandate and legal power of attorney to act as mandatary and check with the client This link will open in a new window that the information required for the transaction is accurate.

Legal capacity should be checked at the same time as the valid identity documents are examined for identity verification purposes.

For concerns about the borrower’s capacityA person is capable when they can take care of themselves or are able to manage their property without recourse to representation or assistance. Under the Civil Code of Québec, a person of full age may entrust others with the responsibility of taking care of him or administering his property should he become incapable of doing so. to consent for the purposes of obtaining a mortgage loan, Protecting vulnerable clients – A practical guide for the financial services industry (pdf - 762 KB)This link will open in a new windowUpdated on June 3, 2019A PRACTICAL GUIDE FOR THE FINANCIAL SERVICES INDUSTRY, PROTECTING VULNERABLE CLIENTS suggests possible courses of action to protect the financial well-being of clients whose circumstances make them vulnerable. Mortgage brokers may refer to it as needed and may also involve the Curateur public (public curator).

Attention: If a mortgage broker delegates their obligations related to verifying the identity of the client or the other persons involved in a transaction and to collecting the information used to identify or verify the legal capacity of the client or such persons, they will remain responsible for any errors that result from those verifications.