Role and duties of the Syndic Decision Review Committee

To obtain a second opinion

You requested an investigation by the Syndic and the latter decided not to file a complaint with the Discipline Committee? The Syndic Decision Review Committee (SDRC, or the "Review Committee") is the body to turn to.

Context

At the end of the investigation process, the Syndic may decide to either file a complaint before the Discipline Committee or to close the file without filing a complaint. In the latter case, the Syndic must inform the applicant of the reasons for his decision. The applicant has then 30 days following receipt of the Syndic's decision to request an opinion from the SDRC.

Under the Real Estate Brokerage Act, the SDRC's duty is to issue an opinion on the Syndic’s decision not to file a complaint before the OACIQ Discipline Committee against the broker or agency targeted by his or her investigation.

The SDRC meets in a team of three members, appointed by the OACIQ Board of Directors.

To issue an opinion, the Review Committee reviews the entire investigation file of the syndic, as it was constituted when he or she decided not to file a complaint. In its analysis, the Committee cannot review facts that have not been brought to the Syndic's attention during the investigation.

The Review Committee may also hear the Syndic and the person who requested the investigation. The agency or broker targeted by the investigation does not take part in the process, which concerns only the applicant and the Syndic.

The Review Committee starts its work once the person who requested the investigation submits a request to that effect.

Procedure for submitting a request

Once the Syndic completes his or her investigation following your request for assistance with the OACIQ, you receive his or her decision not to file a complaint. However, in accordance with the provisions of Real Estate Brokerage Act, you may request an opinion from the Syndic Decision Review Committee (SDRC, or "Review Committee"). Here is the procedure.

Request for an opinion

To request an opinion from the review Committee, You should:

• be the person who requested the OACIQ to conduct an investigation;
• complete the Request for review of a syndic decision form and include the reasons for the review;
• send the form within a period of 30 days following receipt of the Syndic’s decision not to file a complaint before the Discipline Committee, to the following address:

Registry of the Syndic Decision Review Committee
4905 Lapinière Boulevard, Suite 2200
Brossard (Québec) J4Z 0G2
comites@oaciq.com

Process of a request to SDRC

Receipt of a review request

The review process starts upon receipt of a review request by the Registry Service, which verifies whether the admissibility conditions are met. The Registry quickly sends the review request to the Syndic's office to check if the review request contains new facts.

If so, the Syndic in charge of the case may decide to continue his or her investigation. The applicant can then be informed that the case is administratively closed by the Registry until the investigation is completed.

The applicant may again request the review of the Syndic's decision if the Syndic decides not to file a complaint after completing his or her investigation.

Transmission of the file by the Syndic

If the admissibility conditions of the request are met, the Syndic will forward a digitized copy of the file to the Registry. The file will then be forwarded to the members of the Syndic Decision Review Committee (SDRC, or "Review Committee"), who will analyze the review request.

 

The Review Committee Session

The person who requested an opinion from the SDRC and the Syndic are informed by the Registry of the hearing date of the case, at least 15 days prior to that date.

 

The person who requested an opinion from the SDRC and the Syndic have the right to present observations at the meeting set by the Committee, or in writing before the date on which the Committee will meet.

Given that the Syndic's investigation file is not available to the person who requested the investigation, the session will be held in camera and the applicant and the Syndic will be heard separately by the Review Committee.

Review Committee's opinion

After reviewing the entire file of the Syndic and the observations of the applicant and the Syndic, if any, the Review Committee members issue an opinion. It's not up to them to repeat or complete the Syndic's investigation.

The opinion rendered by the Review Committee is a recommendation, not an enforceable decision.

As a general rule, the Review Committee renders its opinion within 90 days of receipt of the review request. In this opinion the Committee may:

1. conclude that the filing of a complaint before the Discipline Committee
   is not justified;
2. suggest that the Syndic complete his investigation and render a new decision as to the validity of filing a complaint;
3. conclude that the filing of a complaint before the Discipline Committee is justified and suggest the appointment of an ad hoc syndic who, after investigation if applicable, will decide whether or not to file a complaint.

The Committee may also suggest that the Syndic refer the case to the Inspection Committee.

The opinion shall be rendered by the majority of members, be recorded in writing and signed by the members who endorse it. The Review Committee may render its opinion even if the Syndic or the person who requested an opinion from the Committee does not show up for the scheduled meeting, or does not present his or her observations in writing.

The Review Committee shall immediately send its opinion to the person who requested the investigation and the Syndic.

 

Here are the current members of the Syndic Decision Review Committee:

Chair
M^e Charles Denis, lawyer

Vice-Chairs
Nancy Savard, B. Sc., Certified Real Estate Broker AEO
M^e Ann-Sophie Verrier, lawyer

Members
Normand Bergeron, Certified Real Estate Broker
Lyse Le Gal, A.S.C., MBA
André Poulin, Certified Real Estate Broker
Josiane Quesnel, Real Estate Broker
Andréanne St-Martin, Member of the public
Carole Turgeon, Certified Real Estate Broker AEO