Public articles

Termination of the lease by operation of law following failure to operate a business

On October 13, 2021, the Court of Appeal considered the validity of the extrajudicial termination of the lease between 9518002 Canada inc. (the Lessor) and 9745866 Canada inc. (the Lessee) following the latter’s failure to occupy and operate a commercial space more than one year after assuming possession.

Bill 3: Amendment to the Real Estate Brokerage Act regarding leasing real estate brokerage

Bill 3 introduced by the Quebec Finance Minister came into force.

Guidelines: Preventing money laundering

Indicators

Compliant use of the trust account

Identity verification

Reporting certain transactions

The applicable legislative and regulatory framework

Establishing a compliance program

Acting with honesty, competence and dignity

Money laundering and the real estate industry

Ensuring proper record keeping

Penalties for non-compliance

Amendment to the Real Estate Brokerage Act regarding double representation in residential real estate brokerage

Trust transaction report: Compliance, accuracy and timeliness of transmission to the OACIQ

Requirement to open and maintain a trust account.

The importance of having an up-to-date photo for you and your agency

Residential swimming pools: New rules in force

To particularly protect children from drowning, new rules regarding the safety of residential swimming pools have been in force since July 1, 2021. These rules specifically concern enclosure fencing, including gates and locking systems, as well as installations around the enclosure, such as pool operating devices and diving boards.

Questions to ask oneself to prevent conflicts of interest

Obligation to disclose the licence holder status of a broker who is party to a transaction

Agency executive officer’s obligation to monitor and supervise: preventing, detecting and avoiding conflicts of interests