Multiple representation rules for Canadian real estate agents — which provinces ban it, where it's still permitted, and the disclosure requirements that apply.
Updated March 2026 · Dual agency Canada · 7-minute read
Dual agency — where one real estate agent or brokerage represents both the buyer and seller in the same transaction — is one of the most controversial and heavily regulated practices in Canadian real estate. The fundamental problem is a conflict of interest: an agent cannot fully advocate for a buyer who wants the lowest price while simultaneously advocating for a seller who wants the highest price. Canadian provinces have responded by banning, restricting, or requiring extensive disclosure around dual agency.
| Province | Dual Agency Status | Details |
|---|---|---|
| Ontario | Prohibited (residential) | REBBA prohibits multiple representation in most residential transactions since 2023 changes. Agents must refer one client to another agent. |
| British Columbia | Banned (with narrow exceptions) | Banned for residential real estate in 2018. Only permitted in remote areas with no other available agents, with regulator approval. |
| Alberta | Permitted with disclosure | Allowed with written consent from both parties. Agent becomes a "transaction facilitator" with limited duties to both sides. |
| Quebec | Prohibited | OACIQ rules effectively prohibit dual agency for residential transactions. |
| Saskatchewan | Permitted with disclosure | Allowed with written informed consent. Agent's duties are reduced to facilitator role. |
| Manitoba | Permitted with disclosure | Permitted with written disclosure and consent from both parties. |
| Nova Scotia | Permitted with disclosure | Allowed with written consent. Disclosure to both parties required. |
| New Brunswick | Permitted with disclosure | Allowed with written consent and disclosure requirements. |
If you practise in Ontario or BC, dual agency is not available to you in most circumstances. When you have a listing and an unrepresented buyer approaches, you must offer to refer them to another agent or provide limited assistance as a "transaction facilitator" without creating an agency relationship. Violating dual agency rules can result in discipline by RECO or BCFSA, loss of commission, and liability to clients.
Some Canadian provinces and brokerages have adopted a "designated agency" model as an alternative to dual agency. Under designated agency, the brokerage represents both parties, but different agents within the brokerage are designated to represent each party exclusively. This allows the brokerage to work with both buyer and seller without creating a conflict at the individual agent level.
Designated agency requires a formal system of information barriers between the designated agents and careful documentation. Many larger brokerages in Alberta, Manitoba, and other provinces where dual agency is permitted use designated agency as their standard practice.
In provinces where dual agency is allowed with consent, the agent's role changes significantly. Rather than being a full fiduciary to either party, the agent becomes a "facilitator" or "limited dual agent" whose duties are constrained:
Where dual agency is permitted, an agent who represents both sides of a transaction earns the full commission (both the listing side and the buyer side), rather than splitting it with another brokerage. On a $900,000 sale at 5% total commission, a dual agent might earn $45,000 rather than $22,500 — a compelling financial incentive. This is precisely why regulators have been skeptical: the financial incentive can compromise the agent's objectivity. In provinces where it remains legal, robust disclosure requirements are designed to ensure clients make informed decisions before consenting.
Even in provinces where dual agency is technically permitted, many experienced realtors choose never to engage in it. The reputational risk, liability exposure, and complexity of managing conflicting interests simply is not worth the extra commission. Referring the other party to a trusted colleague — and potentially receiving a referral fee — is often the cleaner, lower-risk approach. Build a network of trusted agents you can confidently refer to, and they will refer back.
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