Legislation & Information Bulletins > Real Estate Act Bylaws
Part 4 - Administrative Penalties
Designation of Administrative Penalties
The contraventions of the provisions listed in column 1 of Schedule 2 to these bylaws are hereby designated as the contraventions which may be dealt with and in accordance with the procedure set out in section 83 of the Act.
Notice of Administrative Penalty
A notice issued to a person by the executive director pursuant to subsection 83 of the Act shall be in writing and specify
the contravention of the provision that the executive director believes has occurred;
the particulars of the alleged contravention;
that payment of the amount set out in the notice will be accepted by the executive director as complete satisfaction of the amount of penalty for the alleged contravention and that no further proceedings under Part 6 of the Act will be taken against the person in respect of that contravention and that a person who pays an administrative penalty may not be charged under this Act with an offence in respect of that contravention;
that if the person fails to pay the amount set out in the notice in accordance with the requirements set out therein, the executive director may commence legal proceedings against the person to recover the amount owing in respect of the administrative penalty as a debt due the Council and may charge that person under the Act with an offence in respect of that contravention; and
that the person has the right to appeal the administrative penalty to a Hearing Panel in accordance with section 83.1 of the Real Estate Act, and that the person will be given a full opportunity consistent with procedural fairness and natural justice to present evidence before the Hearing Panel and make representations in relation to the alleged contravention.
A notice under subsection (1) shall be served personally or by single registered mail sent to the latest known address of the industry member to whom the notice relates.
Time to Pay
Subject to subsection (2), a person must pay any penalty imposed in accordance with subsection 83 of the Act within 30 days of the date on which the executive director issued a notice of administrative penalty.
Where the executive director is of the opinion that a penalty may cause undue hardship for the person who has received a notice of administrative penalty, the executive director may extend the time to pay.