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Updated September 28, 2021
A criminal record could prevent you from being licensed as a real estate agent.
To become a real estate agent in Canada, you must disclose a criminal record when you submit your application to be licensed. You will also need to complete a criminal record check. If you fail to disclose a criminal record, your licence could be revoked down the road.
If you have a record, the type of criminal record check required is a certified check requiring fingerprints and a search of the national database of criminal records, which is called CPIC. A certified record can take up to four months to obtain.
Real estate agents in Canada must obtain a license to practice. The specific licensing criteria differ by province and are regulated by provincial regulators. For example, the Real Estate Council of Ontario (RECO) is responsible for regulating real estate agents and brokers in Ontario, whereas the Real Estate Council of British Columbia (RECBC) is responsible in British Columbia.
Once you disclose your record and obtain your certified record, the regulatory body for your province will make a determination on your suitability to become a real estate agent. Primarily, they will try to determine whether your record is related to the work you will be doing as an agent. You may be asked to provide a written statement explaining the offence.
Fraud might be a concern, as could any violent offences. A DUI charge could also be a concern given that you will often need to drive clients in your vehicle. They may look for evidence of rehabilitation. How long ago the offence occurred may also be a consideration.
Depending on your province, the decision could be made by the executive director of the licensing body or by a committee. If the regulatory body decides to approve the application, they could also impose restrictions or conditions.
Any real estate licensee may be asked by the board to submit a Criminal Record Check Check. However, it is more likely that the following people may need to submit a Canadian Criminal Record:
- Applicants for new salesperson or brokers;
- Applicants who are currently facing charges and/or have a criminal record;
- Salespersons or brokers whose registration has been suspended for more than 60 days and who desire to reinstate their registration;
- Registrants who are changing their categorization from salesperson to broker;
- Individuals newly appointed as officials, directors, or shareholders owning 10% or more of the company; and
- Recently appointed record brokers and branch managers.
Consult your provincial regulator for specific real estate license requirements.
Record checks are required for first-time applicants, re-licensing and reinstatement. If you already have a licence and you are charged with a crime, you must notify your licensing organization within a few days.
Increase your chances of becoming a real estate agent
Despite the fact that you can become a real estate agent with some types of criminal records, you may want to clear your record for a variety of reasons:
- Applying with a record can delay your real estate application;
- The decision to grant a licence is discretionary; there are no guarantees;
- If you are denied, you will lose all the time and money you spent on your real estate training and exams.
Do you want to clear your record for your Real Estate License?
Start by checking your eligibility.
Check my eligibility Get a criminal record check
Getting a Record Suspension
If you get a Record Suspension, you may still be required to disclose it when you apply for your real estate license. However, under the law, the regulatory body cannot take it into consideration when deciding your application.
You can apply for a Record Suspension if it has been five years since your sentence was completed in case of a summary conviction and ten years in the case of an indictable conviction.
Becoming a real estate agent is a big investment in your future. Don’t let a criminal record stand between you and your success. Contact us today for a free consultation at 1-866-972-7366.
