REQUIREMENTS FOR A BROKERAGE LICENCE
CONSULTATION DRAFT REGULATION
made under the MORTGAGE BROKERAGES, MORTGAGE LENDERS
AND MORTGAGE ADMINISTRATORS ACT
A CONSULTATION DRAFT
MORTGAGE BROKERAGES : THE LICENSING PROCESS
REQUIREMENTS FOR A BROKERAGE LICENCE
Corporations
-
- A corporation is eligible to have a brokerage licence if
all of the following requirements are satisfied:
- It must be incorporated under an Act of any jurisdiction
in Canada.
- It must have a mailing address in Ontario that is suitable
to permit service by registered mail.
- It must have errors and omissions insurance in a form
approved by the Superintendent with extended coverage
for loss resulting from fraudulent acts or it must have
some other form of financial guarantee in a form approved
by the Superintendent for such losses. The insurance or
guarantee must be sufficient to pay a minimum of $500,000
per claim and $1 million for all claims made in any policy
year against the corporation and against each mortgage
broker and agent authorized to deal in mortgages or trade
in mortgages on behalf of the corporation at any time
during the year.
- It must be incorporated under an Act of any jurisdiction
in Canada.
- A corporation is not suitable to have a brokerage licence
if any of the following circumstances apply:
- Having regard to its financial position, the corporation
cannot reasonably be expected to be financially responsible
in the conduct of its business.
- The past conduct of any director or officer of the
corporation affords reasonable grounds for belief that
the business of the corporation will not be carried on
in accordance with law and with integrity and honesty.
- The corporation is carrying on activities that will
contravene the Act or the regulations if the corporation
is licensed.
- A director or officer of the corporation has made a false statement or has provided false information to the Superintendent with respect to the application for a licence.
- Having regard to its financial position, the corporation
cannot reasonably be expected to be financially responsible
in the conduct of its business.
- A corporation is eligible to have a brokerage licence if
all of the following requirements are satisfied:
Partnerships
-
- A partnership is eligible to have a brokerage licence if
all of the following requirements are satisfied:
- Every partner must be a resident of Canada.
- The partnership must have a mailing address in Ontario
that is suitable to permit service by registered mail.
- It must have errors and omissions insurance in a form
approved by the Superintendent with extended coverage
for loss resulting from fraudulent acts or it must have
some other form of financial guarantee in a form approved
by the Superintendent for such losses. The insurance or
guarantee must be sufficient to pay a minimum of $500,000
per claim and $1 million for all claims made in any policy
year against the partnership and against each mortgage
broker and agent authorized to deal in mortgages or trade
in mortgages on behalf of the partnership at any time
during the year.
- Every partner must be a resident of Canada.
- A partnership is not suitable to have a brokerage licence
if any of the following circumstances apply:
- Having regard to its financial position, the partnership
cannot reasonably be expected to be financially responsible
in the conduct of its business.
- The past conduct of any partner affords reasonable grounds
for belief that the business of the partnership will not
be carried on in accordance with law and with integrity
and honesty.
- The partnership or any partner is carrying on activities
that will contravene the Act or the regulations if the
partnership is licensed.
- A partner has made a false statement or has provided false information to the Superintendent with respect to the application for a licence.
- Having regard to its financial position, the partnership
cannot reasonably be expected to be financially responsible
in the conduct of its business.
- A partnership is eligible to have a brokerage licence if
all of the following requirements are satisfied:
Sole proprietorships
-
- A sole proprietorship is eligible to have a brokerage licence
if all of the following requirements are satisfied:
- The proprietor must be a resident of Canada.
- The sole proprietorship must have a mailing address
in Ontario that is suitable to permit service by registered
mail.
- It must have errors and omissions insurance in a form
approved by the Superintendent with extended coverage
for loss resulting from fraudulent acts or it must have
some other form of financial guarantee in a form approved
by the Superintendent for such losses. The insurance or
guarantee must be sufficient to pay a minimum of $500,000
per claim and $1 million for all claims made in any policy
year against the sole proprietorship and against each
mortgage broker and agent authorized to deal in mortgages
or trade in mortgages on behalf of the sole proprietorship
at any time during the year.
- The proprietor must be a resident of Canada.
- A sole proprietorship is not suitable to have a brokerage
licence if any of the following circumstances apply:
- Having regard to its financial position, the sole proprietorship
cannot reasonably be expected to be financially responsible
in the conduct of its business.
- The past conduct of the proprietor affords reasonable
grounds for belief that the business of the sole proprietorship
will not be carried on in accordance with law and with
integrity and honesty.
- The sole proprietorship or the proprietor is carrying
on activities that will contravene the Act or the regulations
if the sole proprietorship is licensed.
- The proprietor has made a false statement or has provided false information to the Superintendent with respect to the application for a licence.
- Having regard to its financial position, the sole proprietorship
cannot reasonably be expected to be financially responsible
in the conduct of its business.
- A sole proprietorship is eligible to have a brokerage licence
if all of the following requirements are satisfied:


