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Transcription

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Volume 8 | Number 1 January 2009
THE PUBLICATION FOR QUÉBEC REAL ESTATE BROKERAGE PROFESSIONALS
Discharge of a hypothec
on an immovable
Special requirements on the part of
the seller and obligation to present
The real estate flip:
avoid getting involved
Page 5
any promise to purchase
as soon as possible
Page 7
Page 14
The new Real Estate Brokerage
Act: what’s new?
Source: ACAIQ
HIGHLIGHTS:
As mentioned, all your comments and
suggestions will be submitted to the ACAIQ
Board of Directors before the draft regulations
are adopted and forwarded to the government
for pre-publication in the Gazette officielle du
Québec. The ACAIQ will issue a written report
on the comments and suggestions received.
1) CONSULTATIONS ON DRAFT REGULATIONS IN FEBRUARY 2009
2) DESIRED EFFECTIVE DATE OF NEW REBA: JULY 1, 2009
3) AFFILIATED REAL ESTATE AGENT WHO BECOMES A BROKER WILL HAVE TO MEET
CERTAIN CONDITIONS BEFORE WORKING ON HIS OWN BEHALF
4) TRANSITION RULES
I
1) Province-wide consultations
in February 2009
n an article published in October, the
ACAIQ informed you that it would hold
consultations with real estate practitioners
and main stakeholders on the draft regulations
under the new Real Estate Brokerage Act. The
purpose of these consultations is to gather your
comments and suggestions.
2) Desired effective date of the
new Act is July 1, 2009
Further to discussions held with government
authorities, it would be desirable for the
new Real Estate Brokerage Act to come into
effect on July 1, 2009.
Dates, times and locations of these consultations were sent to you by email in a
special InfoLetter, and are also posted on
the ACAIQ website (acaiq.com). The draft
regulations are available on Synbad1.
s
Continued on page 2
PUBLISHER
Association des courtiers et agents immobiliers du Québec
MEMBERS OF THE BOARD OF DIRECTORS
Elected Chairman
Information on pages 8 and 9
Christiane St-Jean
Elected Directors
Robert Aubin
Réal Bédard
Diane Bourbonnière
Richard Dion
David Farber
Hélène Lavoie
Daniel Pelchat
Johanne Roy
A note of caution
Directors appointed by the Government
Louise Clément
Jean Mathieu
Info ACAIQ is a publication for real estate professionals, members of the Association des courtiers et agents immobiliers du Québec (ACAIQ).
It covers various topics related to the application of the Real Estate Brokerage Act and its regulations, including legal and ethical issues related
to the practice of real estate brokerage and the real estate market.
President and Chief Executive Officer
Robert Nadeau
Any advertising appearing in this publication is intended for real estate brokerage professionals and does not in any way reflect the opinions,
positions or actions of the Association des courtiers et agents immobiliers du Québec, whose primary mission under the law is the protection
of the public.
Secretary appointed by the Board
Claude Barsalou
PRINTED ON
RECYCLED
PAPER
vivelenumérique.ca
Publications Mail • Agreement No. : 40065526
6300 Auteuil AVENUE, suite 300, Brossard (Québec) J4Z 3P2
Telephone: 450 676-4800 or 1 800 440-5110 • fax: 450 676-7801
info@acaiq.com • www.acaiq.com
LEGAL DEPOSIT:
BIBLIOTHÈQUE et archives NATIONALEs DU QUÉBEC,
LIBRARY AND ARCHIVES CANADA • ISSN 1703-9800
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Cont’d from page 1
Once the draft regulations are
submitted to the authorities, these will
be reviewed by the government before
pre-publication in the Gazette officielle du
Québec. A 45-day period will ensue during
which anyone may make their views known.
This will be followed by final publication, in
which the government will determine the
effective date.
However, discussions are being held
between the government and the ACAIQ
on the possibility of having regulations governing forms and contracts and specialist
titles come into force only in 2010. We will
keep you informed of the outcome of these
discussions.
3) An affiliated real estate
agent who becomes a broker
will have to meet conditions
BEFORE working on his own
behalf
(See article opposite for full details)
4) Transition measures
The regulatory power to set transition
rules lies with the government; the ACAIQ
plans to make recommendations to the
government in order to cover all potential
situations. u
1
See insert
New Real Estate Brokerage Act
Important correction:
In order to work on his own behalf,
an affiliated real estate agent who
becomes a broker will have to meet
certain conditions.
Source: ACAIQ
I
naccurate information regarding the
rights of affiliated real estate agents
who become brokers when the new
Real Estate Brokerage Act comes into force
has created some confusion.
The ACAIQ would like everyone to
note that an affiliated real estate agent
who becomes a broker when the new Real
Estate Brokerage Act comes into force will
have to meet certain criteria to be set by
the future Organisme d’autoréglementation
du courtage immobilier (OACIQ) in order to
work on his own behalf, without incorporating or hiring other brokers.
In addition, the agent may become
an executive officer of an agency, but only
provided he meets the criteria set under
the OACIQ regulations. u
For more information,
refer to the ACAIQ website
(www.acaiq.com).
Learn about the main changes set out
in the new Real Estate Brokerage Act.
• Bill 73 – Real Estate Brokerage Act: A
new, modern system of supervision, in
tune with today’s practice (article no.
10021)
Read the following articles:
• Bill 73 – Real Estate Brokerage
Act:
A new stage is reached
(article no. 7436)
• Certification examination –
Residential brokerage
(article no. 7217)
• Deactivation of current training
programs deferred
(article no. 7570)
Read the bill:
• Bill 73 - Real Estate Brokerage Act
(assented to 28 May 2008)
(http://woapp.acaiq.com/PDF/An/Bill_73_
REBA_Sanctioned080528.pdf)
Michael R. Concister
Avocat-Barrister & Sollicitor
B.A., B.C.L., LL.B. DIP. MGMT (APP.)
Spécialisé en droit immobilier et baux commerciaux
Specialized in Real Estate and commercial lease
Membre du Barreau du Québec
Member of Bar of Ontario
625, Boul. René-Lévesque Ouest, Suite 1400, Montréal, Québec H3B 1R2
Tél. : (514) 875-5311
Cell. : (514) 999-1952
Fax : (514) 875-8381
E-mail : mrconcister@bellnet.ca
2
January 2009 | INFO ACAIQ
Existing inspection report:
What is the proper procedure
for the real estate agent?
Source: ACAIQ
G
ood professional practices dictate,
among other things, that an agent
should discover and disclose any
unfavourable factor related to an immovable
in order to inform the buyer. To do so, he
must question the seller and inform him of
his obligations.
Discovering and disclosing unfavourable factors
An agent must take steps to discover any
unfavourable factor and, of course, inform the
parties as soon as such factors are brought to
his knowledge. The seller, for his part, has the
obligation to disclose to a buyer any unfavourable factor of which he has knowledge regarding
the sale of his property.
Questioning and informing
the seller
The agent must inform the seller of his ethical
obligation to disclose any unfavourable factor.
He must also ask him whether an inspection
report has ever been written on the property
and inform him of his civil obligations towards
the buyer. Clause D13 of the form “Declarations
by the seller of the immovable”, entitled EXISTING INSPECTION OR OTHER EXPERT REPORTS,
states the following:
To your knowledge, are there or have
there ever been:
D13.1 one or more inspection reports written
on the immovable?
yes
no
D13.2 any other test or expert evaluation
done on the immovable (ex. pyrite,
pyrotite, UFFI, asbestos, air quality,
water quality and flow,
foundation drain)?
yes
no
D13.3 Are these inspection reports, tests or
expert evaluations available?
yes
no
Any unfavourable factors must be included
in the “Declarations by the seller of the immovable” at the time the brokerage contract
is signed.
Informing the buyer of any
unfavourable factors
The agent must disclose to any potential buyer
any unfavourable factors mentioned in the
brokerage contract, an inspection report or a
“Declarations by the seller of the immovable”
form. These factors must also be declared in
writing in any promise to purchase, for instance
by annexing the “Declarations by the seller of
the immovable” form on which they are clearly
stated.
Does the agent have an
obligation to provide a copy
of the inspection report?
Although the agent is not obligated to give the
inspection report to the buyer or to annex it to a
promise to purchase, this practice is recommended by the ACAIQ.
An agent who decides which elements of
the report should or shouldn’t be disclosed runs
the risk of not reporting a factor which could
be unfavourable. And even if all the factors
are mentioned by the agent, transcribing them
could lead to errors. The buyer, with the advice
of his own inspector, is in the best position to
evaluate the content of an existing report.
A Quebecer
Chairing the Board of
Directors of CAAMP:
A first!
However, the listing
agent cannot give the
report if the seller refuses.
A collaborating agent who
receives a copy of the report cannot
interpret it and must give it to the buyer.
Always recommend an
inspection to the buyer
Second opinion
Disclosing to a buyer the unfavourable
factors contained in an inspection report does
not release the agent from his obligation to
recommend that the buyer require his own
inspection as part of his promise to purchase.
If conclusions contained in an existing report
reveal unfavourable factors which appear
unfounded in whole or in part, the agent may
recommend that the seller have another inspection report prepared to give to the buyer when
these factors are disclosed. The agent may also
recommend that the seller obtain written
quotes to evaluate the cost of fixing the
problems identified. u
IS REAL ESTATE BECOMING MORE DIFFICULT?
The MORE modern tools you have for listings
and sales, the BETTER you will succeed!
La Capitale is known for having highly capable tools specially
designed to facilitate the work of its agents and assist them in
getting the edge over their competitors.
Source: ACAIQ
T
he Association des courtiers et agents
immobiliers du Québec (ACAIQ) is
delighted to report the recent appointment of Mr. Pierre Martel, CHA, as Chair of the
Board of Directors of the Canadian Association
of Accredited Mortgage Professionals (CAAMP).
This appointment is all the more exciting because Pierre Martel is the first Quebecer
to chair this Canadian association. A first in
the history of CAAMP. Readers will recall that
CAAMP is Canada’s national association of
mortgage brokerage.
Pierre Martel began his career in the real
estate and mortgage brokerage industry in the
late 70s, as a real estate agent with Montréal
Trust. In 1981, he joined the ranks of MultiPrêts Hypothèques as a mortgage broker. After
a stint in the commercial real estate sector, he
returned to Multi-Prêts Hypothèques in 1991.
1
2
View a preview of
these tools at
www.toolkit.com
4
OR
Pierre Martel
He served as Executive Vice-President for
several years, before rising to the position of
President and CEO of Multi-Prêts Hypothèques
in 2004. Pierre Martel has been a member of
the ACAIQ Professional Inspection Committee
since 2001. u
Visit our
career site at
www.cap-career.ca
3
Contact the La Capitale
director nearest you
Contact the La Capitale
Real Estate Network, at
1 (800) 363-6715, ext. 500
www.lacapitalesells.com
January 2009 | INFO ACAIQ 3
PROFESSIONAL PRACTICES SERIES
Contaminated lands:
a new online register is available
Source: ACAIQ
I
n the last several years, we have all witnessed the increasing importance which
environmental issues are taking in our lives.
These issues must also be taken into consideration in any real estate transaction. The rules
concerning wastewater treatment and shoreline
or littoral conservation are examples of this
developing trend.
In an effort at transparency, a few months
ago the Ministère du Développement durable,
de l’Environnement et des Parcs, whose mission
is to ensure the protection of the environment,
published an inventory of contaminated sites
in Québec. This inventory can be found on the
Ministry’s website at www.mddep.gouv.qc.ca
under the “Contaminated Lands” tab (top row).
This inventory contains general and
technical information on sites that have been
contaminated by industrial and commercial
activities or accidental spills. The inventory is
not complete as it lists only those sites that have
been brought to the attention of the Ministère
du Développement durable, de l’Environnement
et des Parcs.
Unlike the Land Register, this inventory
may be searched by address, which can be an
advantage for real estate agents. Here is an
example of the result obtained from a search in
the Inventory of contaminated sites.
The Land Register remains a good source
of information on contaminated sites since all
notices of contamination, restriction of use and
decontamination must be posted on it.
4
Although the information is accessible in
the Land Register, the Inventory of contaminated sites is another way to access this information. It is simple and quick to use because of
the search-by-address feature. This helps the
agent or broker discharge his duty to verify. u
For more information, see the following article on
the ACAIQ website (www.acaiq.com): Notice to
the Land Register in case of land contamination
(article no. 8342)
Discharge of a hypothec
on an immovable:
New rules are coming into
effect on March 1, 2009
Source: ACAIQ
For example
An owner has an immovable worth $210,000
which he acquired using a $190,000 loan
secured by a hypothec on the immovable.
When the owner got his mortgage loan, the
lender offered him a $10,000 line of credit and
a credit card with a $5,000 limit, also secured
by hypothec. The total amount secured by
immovable hypothec is therefore $190,000 plus
the line of credit and the credit card limit, for a
potential maximum of $205,000.
Starting on March 1, 2009, the notary will
now have to obtain a CERTIFIED STATEMENT OF
ACCOUNT from the mortgage lender in order
to discharge the hypothecary guarantees on a
given residential immovable. To do so, all the
debts secured by immovable hypothec (in our
example, the mortgage loan, the line of credit
and the credit card) must be repaid. It is easy to
see the difficulties that can be created if the sale
of the immovable does not cover all the sums
due under the various types of credit.
The new rules imply that unless this certified account statement is received showing that
all sums due have been repaid and including a
firm commitment to sign the discharge of the
hypothec within forty-five (45) days following
repayment of the sums indicated on the statement, the notary will automatically withhold the
funds until the discharge of the guarantee(s) is
published. In concrete terms, this means that
the transaction cannot be concluded until all
sums owing have been repaid.
Duties of the agent
Real estate brokers and agents already have an
obligation to obtain the balance of the selling
client’s loan secured by hypothec as part of
their duty to verify. Beyond that, they must
now verify with the selling client whether the
hypothec is securing any debts other than the
mortgage loan, for example a credit card or a
line of credit. The surest way to obtain accurate
and up-to-date information is by looking at the
account statement.
The ACAIQ therefore recommends that
real estate brokers and agents ask their selling
clients to obtain an account statement from
their mortgage lender as soon as the brokerage contract is signed. This statement should
contain the detail of all the products covered by
the hypothecary guarantee.
In terms of his duty to inform and advise,
the real estate broker or agent will have to
explain to his selling client the problems he will
face if his hypothec was used to secure several
types of credit, and the choice he must make
when selling the immovable put up as security
for this credit.
• explain to the selling client the problems he
may face if his hypothec is being used to secure
several types of credit and should the product
of the sale not be sufficient to cover all the
sums owed to the mortgage lender. u
72-hour clause
In the case of a promise to purchase that is
conditional to the sale of the buyer’s home
and once the 72-hour notice mechanism is set
in motion, the proof of financing provided by
the first buyer will have to include a mention
that the mortgage lender will discharge the
mortgage and consequently that all loans linked
to the hypothecary guarantee will be repaid by
the buyer.
In summary, the ACAIQ
ecommends that real estate
brokers and agents take the
following steps:
• obtain the balance of the loan secured by
hypothec from the selling client;
• verify with the selling client’s whether the
hypothec is being used to secure anything
other than the mortgage loan (e.g. a line of
credit);
• ask the selling client to obtain a statement
of account from the mortgage lender as
soon as the brokerage contract is signed;
The offer tailored
to the changing
real-estate
market
Proprio Direct, courtier immobilier agréé.
T
he Chambre des notaires du Québec
has informed us of new rules which are
becoming effective on March 1, 2009
regarding the requesting of account statements
for the repayment of a loan balance to discharge
a hypothec on an immovable. The purpose of
these new rules is to make real estate transactions more secure for all stakeholders, including the seller, the buyer, the old and the new
mortgage creditors, and the notary.
Today clients have access to different types
of credit that can be secured by an immovable
hypothec. Faced with this diversity, mortgage
lenders have issued directives under which they
will only discharge the hypothec on the immovable once the seller has satisfied all loans and
other forms of credit granted and secured by the
immovable in question.
SYNDIC’S
COLUMN
Hélène MORAND
Fraudulent emails:
You must be on your guard
Source: ACAIQ
S
pam is a plague, as you probably know if you’ve ever spent
even a few days away from
your computer. In the slew of emails that we
receive, some subjects can be very enticing
for agents and brokers: “Major real estate
project”, “Serious foreign investor”, “Rich
heir seeking to invest in Canada”. It can
sometimes make one curious.
It has come to the ACAIQ’s attention
that there has been a recent outbreak of this
type of emails, which more often than not
are fraudulent. The scenario goes like this:
a foreign investor has large sums of money
to invest and asks you for your help as a real
estate professional. To show his good faith,
he is prepared to make a sizeable transfer
to your bank account and requires your
bank information to do so. Once he has this
information, various frauds are committed.
After receiving an email of this type, one
ACAIQ member received a cheque for a fairly
substantial amount, which he deposited in
his trust account. On the instructions of his
contact, he then made several transfers from
the funds received. He was to learn later that
the cheque in question had been stolen and
then altered, specifically as regards the beneficiary, thus causing numerous complications for
all concerned.
Often the messages mention foreign
heirs who have large sums that they wish to
take out of the country. They offer to pay you
handsomely if you help them, again asking for
your personal and bank information in order to
transfer a payment to you.
You must be vigilant when it comes to
these foreign investors, as it is sometimes difficult to differentiate between fraudsters and
real investors. Some of them take the time to
establish a trust relationship before asking for
confidential information, sending plans of their
project, which can lure one into believing that
the transaction is legitimate.
We urge you to be very prudent when
dealing with this type of email. u
Collaboration
between agents:
the strong link in the
transaction chain
Source: ACAIQ
A
s part of a provincial tour on collaboration which took place over several
months in 2008, Hélène Morand,
syndic of the Association des courtiers et agents
immobiliers du Québec (ACAIQ), travelled
across Québec to meet with real estate brokers
and agents. The tour was a great opportunity
to meet the members of the Association face to
face to discuss the tricky issue of collaboration
between agents and together look for potential
solutions.
The cornerstone of real estate brokerage in
Québec, collaboration between agents is vital
in all transactions. In fact, it is a fundamental
obligation.
Collaboration between agents has been
defined and refined over the years based on
an abundant jurisprudence. The provincial tour
gave real estate brokers and agents a chance to
discuss the applicable principles with the syndic,
to understand the changes that have been made
and to glimpse at what the future holds with the
new Real Estate Brokerage Act.
In all, more than 2,000 members responded
to Mrs. Morand’s invitation and took advantage
of this opportunity. Perhaps you were there when
she visited your region. If not, keep an eye on the
schedule of education activities on the ACAIQ
website (www.acaiq.com). u
Claim Filed for Unpaid Taxes
The mission of the Fonds d’indemnisation du courtage immobilier is to provide compensation to victims
of fraud, dishonest transactions or misappropriation of funds by a real estate broker or agent. When the
Fund pays compensation, it can then take action against the broker or agent involved to recover the
amount of compensation paid.
A couple from the Greater Montreal area recently
bought a new house through a real estate agent. Since
this house was built in a new residential development,
it was subject to a municipal service tax payable in a
series of installments.
During the sale, the agent indicated on the data
sheet that only one installment remained, while in
fact several were still to be paid, for a total amount
of $3,497.
When the buyers realized this, they filed a claim with
the Fonds d’indemnisation du courtage immobilier,
since they believed the agent willingly wrote an inferior
amount to close the deal.
6
Once he was notified that a claim had been filed
against him, the agent quickly contacted the buyers
and committed himself in writing to pay all due tax
installments according to their deadlines. The Fonds
d’indemnisation followed-up on the case and confirmed with the buyers that the agent had indeed paid
all service tax installments on time.
Since the claimants suffered no damages, the Fonds
d’indemnisation did not have to come to a decision
regarding the admissibility of this claim.
6300 avenue Auteuil, bureau 300
Brossard (Québec) J4Z 3P2
Tel.: 450 676-4800 ou 1 800 440-5110
Fax: 450 676-7801
info@indemnisation.org | www.indemnisation.org
The real estate flip:
avoid getting involved
Source: ACAIQ
The “flip” is a scheme which real estate agents must be aware of and avoid. This
manoeuvre has been a source of great concern to the ACAIQ in recent years. It consists
in the quick and successive sale of the same property with a substantial and unjustified
price hike. Both transactions often take place the same day, a few minutes apart.
T
he instigators of the flip, often
part of a structured organization,
first simulate an interest for a
property by presenting a promise
to purchase to the seller. However, they have no
intention of buying the property for themselves.
At the same time, a second promise to purchase
at a much higher price is drafted between the
“flipper” and a buyer. This buyer’s financing is
often secured by the organization and the file
usually includes false documents attesting to
the buyer’s financial situation. With a notary’s
participation, the organization first closes the
sale with this buyer. Then, with the money from
this sale in hand, the final details of the initial
promise to purchase presented to the seller are
settled and the transaction is concluded. Thus
within a few minutes the organization makes a
profit, corresponding to the difference between
the two transactions.
This scheme contravenes several of the rules
of ethics that govern real estate agents, including
those related to integrity, fair treatment of the
parties to a transaction, and acting with objectivity
in the course of a transaction. The Discipline Committee takes very serious view of real estate agents
who participate in such transactions, which have
disastrous consequences. Among other problems,
they can cause a major prejudice to several
parties, namely:
• damage to the buyer’s credit and financial
reputation or even bankruptcy due to having
paid too much for the property compared to
their means and the market;
• losses for financial institutions that are conned
into lending against an immovable that is worth
less than the guaranteed loan;
• undue upward pressure on real estate prices
created by the artificially inflated prices of
flipped properties;
• selling price of the flipped property too low in
the first of the two successive sales, causing a
financial loss to the first seller.
Under no circumstances should real estate
agents take part in or allow such transactions.
They should never turn a blind eye.
Overview of recent disciplinary
decisions
• When a buyer is interested in a property, a
collaborating real estate agent, in cahoots with
the organization, takes the buyer to see the
property without explaining the successive selling scheme that the organization intends to do;
• If the buyer is interested in buying the property,
the real estate agent prepares a promise to purchase on behalf of the organization with which
he is in league, and the organization buys the
property through a numbered company or a
nominee holder. Another promise is drafted
simultaneously between the buyer and the
organization at a price that is much higher than
what the organization is offered to the seller;
• The initial seller and the second buyer often
don’t know the identity of the other party;
• The notarized acts are signed on the same
day, so that the organization receives in
payment the financing obtained by the
subsequent buyer;
• The organization thus finances the first
sale using the loan obtained by the
subsequent buyer.
congrès
In coming years, this scheme, now common,
could be altered by the organizations involved in
them and become more sophisticated. However,
regardless of variations in the mechanism, the result
will remain more or less the same and will still be
recognizable as long as agents keep in mind the
main characteristics of a flip, which is the rapid
and almost simultaneous purchase and resale,
with the pocketing of a profit unbeknownst
to a buyer and to the detriment of a financial
institution.
When a real estate broker or agent takes part
in such transactions, our profession’s credibility
with financial institutions and the public suffers.
Such involvement is considered a serious offence
that can lead to a suspension of the broker or
agent’s certificate for several months, sometimes
even years.
Real estate brokers and agents should have
no part in these transactions. When faced with a
situation that looks like what is described above,
open your eyes and don’t hesitate to denounce it
as an illegal practice. u
L’offre
adaptée aux
nouvelles
réalités
du marché.
The involvement of agents in real estate flips
has been penalized many times in the past by
the ACAIQ Discipline Committee. These agents
had taken part in schemes that went as follows:
• A buyer contacts an organization offering
financing solutions that are attractive to him;
Proprio Direct, courtier immobilier agréé.
• Detailed description sheets of properties,
selected because they lend themselves well to a
flip, are submitted to the buyer;
www.propriodirect.com
514 856-4444
8
WEDNESDAY, APRIL 22, 2009
Preliminary Schedule
9:00 a.m.
9:00 a.m.
OPENING REMARKS
Christiane St-Jean
THe new real estate brokerage act:
what’s new?
MORNING
Robert Nadeau
10:00 a.m. BREAK
10:30 a.m. ANNUAL GENERAL MEETING
11:00 a.m.
Hélène Morand
TUESDAY, APRIL 21, 2009
4:00 p.m.
WELCOME AND REGISTRATION
OPENING OF EXHIBITORS’ HALL
5:00 p.m.
Cocktail
11:40 a.m. EXHIBITORS’ HALL
LUNCH
12:00 p.m.
CHAIR’S DINNER
Christiane St-Jean
Master of ceremonies
EVENING
THE ECONOMY UNDER THE EXPERTS’
MICROSCOPE: TRENDS, PROSPECTS
AND IMPACTS FOR THE REAL ESTATE
BROKERAGE INDUSTRY
PRESENTATION OF THE QUÉBEC REAL ESTATE
BROKERAGE AWARD
Me Gilles Duchesne
1:15 p.m.
AFTERNOON
DANCING
Jean-Philippe Décarie
Debate Moderator
PRESENTATION OF THE 2009 CONTINUING
EDUCATION AWARDS
DEBATE:
KEYNOTE ADDRESS FROM THE CHAIR
6:00 p.m.
YOUR FINANCIAL SUCCESS: HEAVEN OR
HELL ON EARTH?
10:00 p.m. END OF EVENING
Panelists
Speaker
2:30 p.m.
3:00 p.m.
Moderator:
Jean-Philippe Décarie
Panelists:
• Alain Dubuc, economist
• René Vézina, business editor
• Michel Beauséjour, chief executive
officer, GMRB
• François Léger, chartered real
estate broker
BREAK / ELECTION: THE CANDIDATES SPEAK
WORK/PRIVATE LIFE: DO I STILL HAVE ANY
CONTROL OVER MY LIFE?
Dr Serge Marquis
DRAWING OF EXHIBITORS’ PRIZES
4:30 p.m.
Alain Dubuc
Economist
Michel Beauséjour
Chief executive officer,
GMRB
René Vézina
Business Editor
Christiane St-Jean
Dr Serge Marquis
François Léger
Chartered Real
Estate Broker
4:45 p.m.
END OF CONVENTION
Registration fees
REGISTRATION FORM
EARLY REGISTRATION CONTEST
2008
Please write in block letters (make a copy of this form for each registrant)
LAST NAME AND FIRST NAME
CLOSING REMARKS
Register now and you could win:
• an Inspiron Mini 12” laptop computer (value: $800); or
• a 32 gig I-Pod Touch (value: $450)
EARLY BIRD SPECIAL
REGULAR PRICE
(before March 20, 2009)
CERTIFICATE NO.
COMPLETE PACKAGE
A
BROKERAGE FIRM AND COMPANY
ADDRESS
Includes cocktail, chair’s dinner on
Tuesday, April 21 and activities and
lunch on Wednesday, April 22.
CITY
POSTAL CODE
TELEPHONE NO.
B
FAX NO.
$259
$325
+ txs = $292.35
+ txs = $366.84
$125 $171 Includes cocktail
+ txs = $141.09
+ txs = $193.02
complete day
$149 $199 + txs = $168.18
+ txs = $224.62
Chair’s dinner
EMAIL
Four ways
to register
1.
Online:
acaiq.com
Hôtel Delta Trois-Rivières****
Rate: $129 to $149
1620, Notre-Dame, Trois-Rivières Tel.: 1 888 890-3222
Hôtel Gouverneur Trois-Rivières****
Rate: $112 to $132
A 5-minute walk from the Delta
975, rue Hart, Trois-Rivières Tel.: 1 888 910-1111
450 676-1971
3.By phone:
450 676-4800 or
1 800 440-5110
4.By mail:
ACAIQ
6300, avenue Auteuil
Bureau 300
Brossard (Québec) J4Z 3P2
CONFIRMATION: FOR ONLINE REGISTRATIONS, YOU
WILL RECEIVE A CONFIRMATION BY EMAIL. FOR ALL
OTHER REGISTRATIONS, THE ASSOCIATION WILL FAX
YOUR REGISTRATION CONFIRMATION TO YOU. PLEASE
PRESENT IT WHEN YOU ARRIVE FOR THE CONVENTION.
!
w
om
no .c
r
e
q
st
ai
gi
c
e
R
.a
w
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Includes activities and lunch on
Wednesday, April 22
The Association has reserved a block of rooms for Tuesday,
April 21, 2009 at the following four hotels, for a limited time
only. Book early!
2.By fax:
C
Accommodations
Les Suites Laviolette****
Rate: $109 to $129
A 10-minute drive from the Delta
7201, Notre-Dame Ouest, Trois-Rivières Tel.: 1 800 567-4747
Hôtel Super 8
Rate: $109.88 to $139.88 (breakfast included)
A 15-minute drive from the Delta
3185, boul. St-Jean, Trois-Rivières Tel.: 1 800 561-7666
CANCELLATION POLICY:
REGISTRATION FEES ARE NOT
REFUNDABLE BUT MAY BE TRANSFERRED TO ANOTHER PERSON.
TRANSFER REQUESTS MUST BE MADE IN WRITING AND RECEIVED
BY THE ASSOCIATION BY APRIL 16, 2009 AT THE LATEST.
Triple your chances
of winning
the Early Registration Contest
by registering online!
Registrations will be accepted online, by fax, by phone or by mail until Thursday, April 16, at 4:00 PM.
After that, you will have to register for the event at the door.
Payment
Amount payable:
Cheque included (broker only)
Certified personal cheque included
Credit card
Cheque payable to “ACAIQ” or
“Association des courtiers et
agents immobiliers du Québec”
Visa
Mastercard
CREDIT CARD NO.
SIGNATURE
EXPIRATION DATE
DATE
Register now, for a chance to win one
of the following prizes!
• an Inspiron Mini 12” laptop computer (value: $800)
• a 32-gig I-Pod Touch (value: $450)
Both drawings will be held on March 20, 2009 at 1:00 PM at the ACAIQ office, among all of the participants
who register before noon on March 20. The drawings will be conducted electronically. Contest details are
available on the ACAIQ Web site (www.acaiq.com), in the ACAIQ Convention 2009 section.
Contest winners must answer a skill-testing question to receive their prize.
PROFESSIONAL INSPECTION CAPSULE
Brokers and agents working
in commercial real estate:
Payment of compensation
to third parties
Source: ACAIQ
I
n the course of its inspection visits to the
establishments of brokers working in commercial real estate, the Professional Inspection Department has noted that the practice
which consists in sharing one’s compensation
with a non-member is unfortunately
quite common.
We wish to remind everyone that the
Real Estate Brokerage Act applies to all ACAIQ
members and makes no distinction between the
various fields of practice of real estate brokerage in Québec, including as regards the sharing
of compensation due to the broker.
Here are two examples:
Example 1:
A listing broker and his selling client agree
that the client will pay the broker $100,000 in
compensation. The broker who receives this sum
in compensation then pays $70,000 back to his
selling client.
You should know that this practice could
be considered compensation sharing that
violates the Real Estate Brokerage Act and the
regulations thereunder.
That is because “a broker may share his
compensation only with a firm, independent
representative or independent partnership
within the meaning of the Act respecting the
distribution of financial products and services,
another broker or with a broker pursuing his
activities outside Quebec under another
jurisdiction.” (REBA, sect. 26)
Moreover, “the holder of a real estate
broker’s certificate shall refrain from paying,
directly or indirectly, compensation to a person
who carries on or attempts to carry on the activity of real estate broker or agent without holding a certificate.” (sect. 71 (2) of the By-Law of
the ACAIQ )
In order to avoid confusion, the proper
professional practice is to agree in writing to
a compensation reduction for this brokerage
contract instead of doing it in the form of a
reimbursement.
Example 2:
Let us suppose that a lessee retains the services
of a broker to represent him in negotiations to
renew his lease or to sign a lease with a new
lessor. Suppose also that following a practice
which is common in the market, the broker is
paid $100,000 in compensation by the lessor
with whom an agreement is concluded. Let
us suppose further that the broker agrees to
reduce his fees by 50% in favour of the lessee.
The broker who receives the sum of $100,000 in
compensation then pays $50,000 directly to the
lessee, whereas the contract or agreement was
concluded with the lessor.
You should know that this practice is in
violation of the Real Estate Brokerage Act and
the regulations thereunder.
When a broker wishes to offer his lessee
client a reduction of his compensation, the broker may ask the lessor to offer rent reductions
or to make leasehold improvements in favour of
the lessee. The lessor with whom the agreement
is made can agree that the lessee will benefit
from the sum of $50,000 in the form of a credit
on rent or an increase in financial incentives to
make leasehold improvements. These additional
benefits offered to the lessee should be clearly
indicated in the lease and the broker should
only receive $50,000, as agreed with the lessee
who retained his services.
We remind you that a broker or agent cannot attempt to do indirectly what the law does
not allow him to do directly. Therefore, sharing
compensation with non-members and providing money-back incentives to clients are not
allowed under the Act that governs us. u
Very special offer from
Only for ACAIQ members
Bureau Élite Plan
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Offer code 101893865, Plan code ACAIQ-36
Include:
700 local minutes for day time
Unlimited incoming calls
Unlimited nights & week-ends
(week nights starting at 6pm. To 8 am. )‫‏‏‬
Message centre (25 messages)‫‏‬
Unlimited text messaging
CDN long distance at 6¢ /minute
Call waiting, 3-way calling, call forwarding
Detailed billing
Per second billing (for all digital phones)‫‏‬
Call display available at $3.75
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Per second billing (for all digital phones)‫‏‬
Monthly access fee at $7.70
Data option starting at $19 /4Mo
Wireless High Speed Internet for your Lap top
$30 /monthly / 1 Go.
Your official agent for ACAIQ,
Free Shipping & Service
all across Quebec
Denis Boivin
1-888-832-6015
dboivin@cellcom.ca
Reserved for members of l’ACAIQ that must show proof of membership. Termination fees are applicable if anticipated. Services and options offered with compatible phones, in 1X coverage and (or) 1X EV-DO of Bell Mobility, where technology permits. Long distance charges
may apply outside of above coverage. Prices / offers and options are subject to change without notification and cannot be combined with another offer. Taxes and long distances charges are in addition. Picture is representative. 36 month contract only. Other conditions
apply. All offers are applicable to local calls unless indicate otherwise.
10
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Chantal_D_Ad.indd 1
11
11/19/2008 11:12:53 AM
January 2009 | INFO ACAIQ Important
Supreme Court of Canada
ruling for real estate brokerage
Source: ACAIQ
T
he Supreme Court of Canada,
the highest court in the country,
recently handed down an important decision relating to the field
of real estate brokerage, in a case opposing the
Association des courtiers et agents immobiliers
du Québec (ACAIQ) and a real estate broker1.
The Supreme Court had to determine whether
the terms regarding the payment of compensation indicated in a “Brokerage Contract – Sale
of a Chiefly Residential Immovable” could be
amended so that the real estate broker could
receive compensation even if the immovable
was not sold. In other words, the Court had to
decide if the mandatory provisions included in
the brokerage contract form, referred to in section 32 of the Real Estate Brokerage Act, could
be amended by the real estate broker and the
selling client.
The facts of the case were as follows: In
addition to potential payment of compensation
payable upon the sale of the property, the real
estate broker was asking his selling clients to
pay a non-refundable “registration fee” upon
signing of the brokerage contract, whether
or not selling the immovable ended up being
sold. Some sellers whose properties were not
sold during the term of the brokerage contract
signed with the real estate broker complained
of this practice to the ACAIQ.
Following an investigation, the ACAIQ
syndic filed a disciplinary complaint with the
Discipline Committee, charging the real estate
broker with violating the Rules of Professional
Ethics of the ACAIQ by illegally amending the
mandatory content of the brokerage contract to
require compensation to be paid to the broker
other than upon the sale of the immovable. The
ACAIQ Discipline Committee agreed with the
syndic’s arguments and found the real estate
broker guilty of the charges.
The real estate broker appealed the decision before the Court of Québec, which upheld
the Discipline Committee’s decision. Arguing
that the Court of Québec had erred, the real
estate broker then took his case to the Court
of Appeal. In its decision, the Court of Appeal
ruled in favour of the real estate broker by stating that the brokerage contract was not mandatory and that the selling client and the listing
broker were allowed to agree on a method of
compensation other than that indicated in the
form. Claiming that the Court of Appeal had
erred, the ACAIQ applied to the Supreme
Court of Canada to review the appellate
court’s decision.
The Supreme Court, in a decision rendered
on May 30, 2008, recognized the ACAIQ
Discipline Committee’s authority in ruling on
the complaint filed against the real estate
broker and imposing a penalty, and reinstated
the Committee’s decision. Citing the provisions of the Real Estate Brokerage Act and the
regulations concerning its application, as well
as the purpose of the Act, which is consumer
protection, the country’s highest court decided
that protection of the public prevailed over
the principles of contractual freedom and free
competition.
Therefore the real estate broker could not
agree with the selling client to compensation
terms other than those indicated in the “Brokerage Contract – Sale of a Chiefly Residential
Immovable” form. These provisions state that
the seller must pay compensation to the broker
when the immovable is sold. Consequently,
under the brokerage contract, the client cannot
be required to pay any lump sum that could be
construed as compensation before the
sale is concluded.
The mandatory nature of the “Brokerage Contract – Sale of a Chiefly Residential
Immovable” form having been confirmed by the
Supreme Court of Canada, real estate brokers
and agents must keep in mind that they cannot
agree with their clients to change the content of
this form if such changes will result in a negative impact on consumer protection. Thus the
only changes allowed to the broker’s obligations
outlined in this form are changes that are
likely to increase the protection of the
selling client. u
1
du Québec v. Proprio Direct inc., 2008 CSC 32
(CanLII)
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TERRAINS
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12
In 2009, mortgage brokerage will continue
to come under the
Real Estate Brokerage Act
Source: ACAIQ
M
ortgage brokerage will continue,
for the year 2009, to come under
the Real Estate Brokerage Act. The
transfer of mortgage brokerage from the ACAIQ
to the Autorité des marchés financiers, which
was scheduled to take place on January 1, 2009,
has been postponed by one year to January 1,
2010. Consequently, any person or company
carrying out mortgage brokerage activities in
2009 will still be required to hold a real estate
broker’s or agent’s certificate issued by the
du Québec.
However, the coming into force of the new Real
Estate Brokerage Act, hopefully by July 1, will
seal the fate of mortgage brokerage for good by
rescinding the provisions of the Act respecting
the Agence nationale d’encadrement du secteur
financier (now called the Act on the Autorité
des marchés financiers), which provide for the
transfer of mortgage brokerage oversight to the
Autorité des marchés financiers. Thus mortgage
brokerage will remain entirely governed by the
Real Estate Brokerage Act. u
Deactivation
of current training
programs deferred
Source: ACAIQ
s
T
he Association des courtiers et agents immobiliers du Québec has just been informed by
the Ministère de l’Éducation, du Loisir et du Sport that deactivation of programs 902.56
Real Estate Agent and 902.57 Real Estate Broker has been deferred. This deactivation,
which was scheduled for January 1, 2009, has been postponed to January 1, 2010.
This means that as of January 1, 2010, no new registrants will be accepted in these programs.
Students already registered will have until January 1, 2012 to complete their program.
As you know, the current Real Estate Brokerage Act calls for two categories of licence to
practice (certificate), i.e. broker and agent, which is why there are two separate college programs.
The regulations specify the duration of the programs and the subjects that must be covered. u
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PROFESSIONAL PRACTICES SERIES
Special requirements on the part
of the seller and obligation to present
any promise to purchase
as soon as possible
Source: ACAIQ
S
ometimes a seller may have particular
requirements regarding the timing for
submitting promises to purchase to
him regarding an immovable for sale.
For example, a seller may want to consider
all promises to purchase at the same time, on a
predetermined date. In such a case, the detailed
description sheet should include a statement
such as:
“No promise to purchase will be presented
before X”, “No promise to purchase will be
accepted before X” or “All promises to purchase
must be made irrevocable until X”.
An auction process could also be considered from this angle. Thus a sale by bids or call
for tenders is an invitation to buyers to submit
promises to purchase at a given time and date,
at which point all the promises to purchase will
be processed at once.
In this situation, you must include on the
detailed description sheet:
• the lowest price that the seller is prepared
to accept, indicated as follows under clause
11.1 of the brokerage contract: “The price
offered must be higher than the amount
indicated in clause 4.1 of the brokerage contract. The seller informs bidders that he will
not consider any offer below this amount.”;
• viewing dates, the date and time when the
promises to purchase will be presented,
as well as the seller’s reply deadline and
conditions (e.g. deposit, inspection prior to
submitting a promise to purchase, etc.);
• the following clause: “It is understood that
this contract does not constitute a promise
or offer to sell which, upon acceptance,
would bind the seller towards the buyer, but
rather an invitation to the public to submit
promises to purchase.”
If no promise to purchase has been
accepted once the deadline to bid or submit
tenders has passed, the information must be
removed from the detailed description sheet
right away.
Obligation to present a promise
to purchase as soon as possible
It is important to note that the above statements are only an expression of the seller’s
wishes and do not bind a prospective buyer in
any way. Therefore, regardless of the seller’s
requirements outlined in the brokerage contract
or on the detailed description sheet regarding
the timing for presenting promises to purchase
or the asking price, a real estate agent who
receives a promise to purchase always has an
obligation to present it as soon as possible.
14
No obligation to reply
The seller, however, is under no obligation to
reply to a promise to purchase that does not
meet the requirements outlined in the detailed
description sheet. The seller retains the right not
to consider a promise to purchase or to refuse it,
and to consider only those promises to purchase
that meet his timing requirements.
Acceptance of a promise to
purchase before the deadline
What if the seller receives a promise to purchase
that is acceptable to him but does not meet the
timing requirements he had himself set? If the
seller intends to accept an offer without waiting
for other potential promises that might be made
before his deadline, the real estate agent representing him should advise him to ask a legal
advisor whether he can do so without liability
towards the other prospective buyers who did
meet his requirements. u
For more information, read the following articles
on the ACAIQ website (www.acaiq.com):
Presenting several promises to purchase
(article no. 2045)
The collaborating agent’s right to take part in the
presentation of a promise to purchase
(article no. 3981)
A New Entrance
Examination
IN BRIEF
The ACAIQ it’s for you too!
Info ACAIQ Information Centre
50,000 queries handled in 2008
Source: ACAIQ
W
ith nearly a hundred people
looking on, Christiane St-Jean,
Chair of the Board of Directors of
the Association des courtiers et
agents immobiliers du Québec (ACAIQ) unveiled the
first version of the new residential real estate brokerage examination. The event took place in Boucherville,
on November 4, 2008, during a conference followed by a
dinner cocktail.
The new examination is the culmination of three years of
extensive work, its development made possible with the participation
of numerous stakeholders in the real estate brokerage industry.
In its new form, the examination will simulate a real estate transaction, from the signing
of the brokerage contract to the promise to purchase. This new competency-based approach
will be a way for ACAIQ to more effectively ensure that anyone wishing to work in the real
estate brokerage industry is capable of carrying out a standard real estate transaction.
Commercial and mortgage brokerage examinations will be available shortly.
Until the new examinations come into force, you can visit the ACAIQ Web site for relevant
information on the competency framework, the mechanics of applying to write the examination, as well as the correction methods that are used. As soon as this information becomes
available on our Web site, you will be informed via the ACAIQ InfoLetter and the
InfoACAIQ newsletter. u
The Information Officers at the Info ACAIQ Telephone Information Centre
answered 40,092 calls and 9,336 emails in 2008, compared to 36,579 calls and
9,755 emails in 2007. They also provided an ongoing presence at eight franchisors
conventions, as well as the Salon de la copropriété and the Salon de l’immobilier
de Québec. Some of them also doubled as instructors and speakers, as part of the
ACAIQ Education Service (How to use the electronic forms; and Info ACAIQ’S 15
most frequently-asked questions.)
Assistance ACAIQ
Nearly 2,000 requests for assistance in 2008
In 2008, the ACAIQ Assistance Service received 1,854 requests. Of this number,
255 were referred to the Office of the Syndic. The Syndic, for his part, filed 86 formal
complaints with the Discipline Committee.
Nearly 200 illegal practice cases were referred to Civil and Criminal Affairs, in an
effort to crack down on those who practice without a certificate; all of these efforts
are intended to safeguard certified agents and their rights.
Continuing Education
Ten new trainings created in 2008
In 2008, the ACAIQ Education Service organized 476 training activities, which
were attended by 12,064 brokers and agents. Over the course of the year, ten new
trainings were developed, among them, “Collaboration”, “How to use the electronic forms (new platform)” and “Radon”. Missed them? They will be held again
in 2009. See the “Schedule of continuing education activities” on the ACAIQ Web
site (www.acaiq.com) for the upcoming dates.
Proprio Direct and the franchisor La Capitale are now ACAIQ-accredited educators. Proprio Direct is accredited to deliver two training courses, while La Capitale
is accredited for seven. The brokers and agents who take these courses will earn
continuing education units (CEU) which will be posted in the Membership Register.
Certification
ACAIQ reports the largest number of certificate renewals in the
Association’s existence
In all, 17,277 members renewed their certificate of practice for 2009 (15,545
agents and 1,732 brokers). In spite of the current climate of economic uncertainty,
this is the highest renewal rate in ACAIQ’s existence. It’s a sign that members are
“keeping the faith”!
Did you know?
ACAIQ was there!
In 2008, the Association sponsored and participated in numerous
events, including:
•
•
•
•
6 franchisors conventions
5 real estate board conferences
2 trade shows
11 golf tournaments (real estate boards, franchisors and other organizations
connected with the residential, commercial and mortgage brokering industry).
Sponsorship of these events took various forms, such as an exhibitor’s booth, a
workshop, or the presentation of an award.
In January 2009, ACAIQ took part in the Salon Immobilier 2009.
ACAIQ will be there!
Salon Habitat, Ville et Banlieue. March 12-15, 2009, at the Montréal
Olympic Stadium.
Plan your events
Looking for speakers or trainers for your events? Call the Education Service to
book a professional who is up on the latest trends, as well as ACAIQ’s most
recent statements of principle.
This service is provided free of charge to franchisors and real estate boards,
for their annual conferences, workshops or team meetings.
Book ahead for all your events, by contacting Élise Marsolais at
450 462-9800 or 1 800 440-7170, ext. 471 or by email at emarsolais@acaiq.com.
don’t miss the balloon.
ABDELKRIM ABDOURAHMAN ADIL AGUADO JOSEPH ALAIN ALEXANDRA ALEXANDRE ALINA ALINE AMMAR ANA LUISA ANDRE
ANDREE ANDREE-MARTINE ANGELA ANN ANNA ANNE ANNE-MARIE ANNIE ANNIE-PIER ANNIK ANTHONY ANTONIO ARIADNA
ARIANE BARBARA BENOIT BERNARD IVAN BERTRAND BIANCA BRIAN BRIGITTE BRUNO CARINE CARL CARMINE CAROLE CAROLINE CAROLYNE CASSANDRA CATHERINE CELINE CHANTAL CHARLES CHARLES-OLIVIER CHRISTIAN CHRISTINA CHRISTINE
CHRISTOPHE CHRISTOS CLAIRE CLAUDE CLAUDIA CLAUDIE CLAUDINE CLAUDIO DALE DANIEL DANIELLE DANY DAVE DEBORAH
DENIS DENISE DESPINA DOMINIQUE DORIS ELAINE ELIZABETH EMANUEL EMILE EMMANUELLE ENRICO ERIC EVA FATIMA
ZOHRA FERNAND FERNANDO FRANCA FRANCE FRANCESCO FRANCINE FRANCIS FRANÇOIS FRANÇOIS XAVIER FREDERIC
FREDERICK FREDERIQUE GAETAN GENEVIEVE GEORGES GERARD GIACOMINA GILLES GINA GINETTE GIOAVANNA GIOVANNA
GIUSEPPE GIUSEPPINA GLORIA GUERDA GUY GUYLAINE HASNA HEATH HELEN HELENE HOA (LILY) HOUEIDA HUBERT IGOR
ISABELLE JACINTHE JACQUES JAMES JASMIN JEAN JEAN DONALD JEAN-FRANÇOIS JEANNE JEAN-PAUL JEAN-RODNEY JEROME
JESSICA JIFKA JINLING JOANNE JOCELYNE JOEL JOHANNE JONATHAN JOSE JOSE ALFONSO JOSEE JOSEPH JUDITH JULIE JUNGHYUP KAMEL KARINE KAROLINE KATLEEN KEVIN KIM KIMBERLY LADAN LAN-LINH LAURIANNE LE BINH LEI LINDA LINE LISE
LOUBNA LOUIS LOUISE LOUISE-MARIE LOUIS-PASCAL LUC LUCE LUCIE LUCILLE LUIS JAVIER LYNDA LYNE LYNN MADELEINE
MANON MANUEL MARC MARCEL MARIA RITA MARIE MARIE-ANDREE MARIE-CLAUDE MARIE-HELENE MARIE-JOSE MARIE-JOSEE
MARIELLE MARIE-PIERRE MARIE-SUZIE MARILYN MARINA MAR INELLA MARIO MARK MARTIN MARTINE MARYLENE MARYSE MATHIEU MATTHIEU MAUD MAURICE MAURO MAXIME MAYA M MEHDI MELANIE MELISSA MICHAEL MICHEL MICHELLE MIGUEL ANGEL MIREILLE MOHAMAD SOBHI MOHAMMAD MONIQU-QE MOULAY MYLENE MYRIAM NABIL NADA NADIA NADINE NAFISSATOU
NANCY NATALIA NATHALIE NICOLE NORMAND OLGA OUSSAMA PAMELA PASCAL PASCALE PATRICIA PATRICK PAWEL PETER LEO
PHILIPPE PIERRE PIERRE-CHARLES PINA POLISENA RACHEL RACHID RAFFY REAL REMI RENALD RENATO RENE RENEE RICHARD RIME RITA ROBERT ROGER ROSELLA ROSSANO ROYA SABRINA SALVATORE SANDRA SARA SEBASTIEN SEDDICK SELVARASA SERGE SHIRLEY SI YANG (FANNIE) SIHEM SIMON SOLANGE SOLENE SONIA SOPHIE STEPHANE STEPHEN STEVE SUSAN
SUZANNE SUZELLE SUZIE SYLVAIN SYLVIE TALINE TATIANA TELISMON THABATHA THANKARAJAH THERESE THOMAS TOMMY
VAHE VANESSA VASILIKI VERONIQUE VICKY VICTOR VINCENZO WALTER MARK WAYNE XAVIER YANNICK YING YING (ANNE) YOLANDE YOUTHANA RADISSON YVES ZHUO ABDELKRIM ABDOURAHMAN ADIL AGUADO JOSEPH ALAIN ALEXANDRA ALEXANDRE
ALINA ALINE AMMAR ANA LUISA ANDRE ANDREE ANDREE-MARTINE ANGELA ANN ANNA ANNE ANNE-MARIE ANNIE ANNIE-PIER
ANNIK ANTHONY ANTONIO ARIADNA ARIANE BARBARA BENOIT BERNARD IVAN BERTRAND BIANCA BRIAN BRIGITTE BRUNO
CARINE CARL CARMINE CAROLE CAROLINE CAROLYNE CASSANDRA CATHERINE CELINE CHANTAL CHARLES CHARLES-OLIVIER
CHRISTIAN CHRISTINA CHRISTINE CHRISTOPHE CHRISTOS CLAIRE CLAUDE CLAUDIA CLAUDIE CLAUDINE CLAUDIO DALE
DANIEL DANIELLE DANY DAVE DEBORAH DENIS DENISE DESPINA DOMINIQUE DORIS ELAINE ELIZABETH EMANUEL EMILE
EMMANUELLE ENRICO ERIC EVA FATIMA ZOHRA FERNAND FERNANDO FRANCA FRANCE FRANCESCO FRANCINE FRANCIS
FRANÇOIS FRANÇOIS XAVIER FREDERIC FREDERICK FREDERIQUE GAETAN GENEVIEVE GEORGES GERARD GIACOMINA
GILLES GINA GINETTE GIOAVANNA GIOVANNA GIUSEPPE GIUSEPPINA GLORIA GUERDA GUY GUYLAINE HASNA HEATH HELEN
HELENE HOA (LILY) HOUEIDA HUBERT IGOR ISABELLE JACINTHE JACQUES JAMES JASMIN JEAN JEAN DONALD JEAN-FRANÇOIS
JEANNE JEAN-PAUL JEAN-RODNEY JEROME JESSICA JIFKA JINLING JOANNE JOCELYNE JOEL JOHANNE JONATHAN JOSE JOSE
ALFONSO JOSEE JOSEPH JUDITH JULIE JUNGHYUP KAMEL KARINE KAROLINE KATLEEN KEVIN KIM KIMBERLY LADAN LAN-LINH
LAURIANNE LE BINH LEI LINDA LINE LISE LOUBNA LOUIS LOUISE LOUISE-MARIE LOUIS-PASCAL LUC LUCE LUCIE LUCILLE
LUIS JAVIER LYNDA LYNE LYNN MADELEINE MANON MANUEL MARC MARCEL MARIA RITA MARIE MARIE-ANDREE MARIE-CLAUDE
MARIE-HELENE MARIE-JOSE MARIE-JOSEE MARIELLE MARIE-PIERRE MARIE-SUZIE MARILYN MARINA MARINELLA MARIO MARK
MARTIN MARTINE MARYLENE MARYSE MATHIEU MATTHIEU MAUD MAURICE MAURO MAXIME MAYA MEHDI MELANIE MELISSA
MICHAEL MICHEL MICHELLE MIGUEL ANGEL MIREILLE MOHAMAD SOBHI MOHAMMAD MONIQUE MOULAY MYLENE MYRIAM
NABIL NADA NADIA NADINE NAFISSATOU NANCY NATALIA NATHALIE NICOLE NORMAND OLGA OUSSAMA PAMELA PASCAL
PASCALE PATRICIA PATRICK PAWEL PETER LEO PHILIPPE PIERRE PIERRE-CHARLES PINA POLISENA RACHEL RACHID RAFFY
REAL REMI RENALD RENATO RENE RENEE RICHARD RIME RITA ROBERT ROGER ROSELLA ROSSANO ROYA SABRINA SALVATORE SANDRA SARA SEBASTIEN SEDDICK SELVARASA SERGE SHIRLEY SI YANG (FANNIE) SIHEM SIMON SOLANGE SOLENE
SONIA SOPHIE STEPHANE STEPHEN STEVE SUSAN SUZANNE SUZELLE SUZIE SYLVAIN SYLVIE TALINE TATIANA TELISMON
THABATHA THANKARAJAH THERESE THOMAS TOMMY VAHE VANESSA VASILIKI VERONIQUE VICKY VICTOR VINCENZO WALTER
MARK WAYNE XAVIER YANNICK YING YING (ANNE) YOLANDE YOUTHANA RADISSON YVES ZHUO ABDELKRIM ABDOURAHMAN
ADIL AGUADO JOSEPH ALAIN ALEXANDRA ALEXANDRE ALINA ALINE AMMAR ANA LUISA ANDRE ANDREE ANDREE-MARTINE
ANGELA ANN ANNA ANNE ANNE-MARIE ANNIE ANNIE-PIER ANNIK ANTHONY ANTONIO ARIADNA ARIANE BARBARA BENOIT
BERNARD IVAN BERTRAND BIANCA BRIAN BRIGITTE BRUNO CARINE CARL CARMINE CAROLE CAROLINE CAROLYNE CASSANDRA CATHERINE CELINE CHANTAL CHARLES CHARLES-OLIVIER CHRISTIAN CHRISTINA CHRISTINE CHRISTOPHE CHRISTOS
CLAIRE CLAUDE CLAUDIA CLAUDIE CLAUDINE CLAUDIO DALE DANIEL DANIELLE DANY DAVE DEBORAH DENIS DENISE DESPINA
DOMINIQUE DORIS ELAINE ELIZABETH EMANUEL EMILE EMMANUELLE ENRICO ERIC EVA FATIMA ZOHRA FERNAND FERNANDO
FRANCA FRANCE FRANCESCO FRANCINE FRANCIS FRANÇOIS FRANÇOIS XAVIER FREDERIC FREDERICK FREDERIQUE GAETAN
GENEVIEVE GEORGES GERARD GIACOMINA GILLES GINA GINETTE GIOAVANNA GIOVANNA GIUSEPPE GIUSEPPINA GLORIA
GUERDA GUY GUYLAINE HASNA HEATH HELEN HELENE HOA (LILY) HOUEIDA HUBERT IGOR ISABELLE JACINTHE JACQUES
JAMES JASMIN JEAN JEAN DONALD JEAN-FRANÇOIS JEANNE JEAN-PAUL JEAN-RODNEY JEROME JESSICA JIFKA JINLING JOANNE
JOCELYNE JOEL JOHANNE JONATHAN JOSE JOSE ALFONSO JOSEE JOSEPH JUDITH JULIE JUNGHYUP KAMEL KARINE KAROLINE
KATLEEN KEVIN KIM KIMBERLY LADAN LAN-LINH LAURIANNE LE BINH LEI LINDA LINE LISE LOUBNA LOUIS LOUISE LOUISE-MARIE LOUIS-PASCAL LUC LUCE LUCIE LUCILLE LUIS JAVIER LYNDA LYNE LYNN MADELEINE MANON MANUEL MARC MARCEL MARIA
RITA MARIE MARIE-ANDREE MARIE-CLAUDE MARIE-HELENE MARIE-JOSE MARIE-JOSEE MARIELLE MARIE-PIERRE MARIE-SUZIE
MARILYN MARINA MARINELLA MARIO MARK MARTIN MARTINE MARYLENE MARYSE MATHIEU MATTHIEU MAUD MAURICE MAURO
MAXIME MAYA MEHDI MELANIE MELISSA MICHAEL MICHEL MICHELLE MIGUEL ANGEL MIREILLE MOHAMAD SOBHI MOHAMMAD
MONIQUE MOULAY MYLENE MYRIAM NABIL NADA NADIA NADINE NAFISSATOU NANCY NATALIA NATHALIE NICOLE NORMAND
OLGA OUSSAMA PAMELA PASCAL PASCALE PATRICIA PATRICK PAWEL PETER LEO PHILIPPE PIERRE PIERRE-CHARLES PINA
POLISENA RACHEL RACHID RAFFY REAL REMI RENALD RENATO RENE RENEE RICHARD RIME RITA ROBERT ROGER ROSELLA
ROSSANO ROYA SABRINA SALVATORE SANDRA SARA SEBASTIEN SEDDICK SELVARASA SERGE SHIRLEY SI YANG (FANNIE) SIHEM SIMON SOLANGE SOLENE SONIA SOPHIE STEPHANE STEPHEN STEVE SUSAN SUZANNE SUZELLE SUZIE SYLVAIN SYLVIE
TALINE TATIANA TELISMON THABATHA THANKARAJAH THERESE THOMAS TOMMY VAHE VANESSA VASILIKI VERONIQUE VICKY
VICTOR VINCENZO WALTER MARK WAYNE XAVIER YANNICK YING YING (ANNE) YOLANDE YOUTHANA RADISSON YVES ZHUO
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01/12/08 15:33:36

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