RECA is responsible for ensuring Alberta real estate brokerage, mortgage brokerage, and property management, consumers are adequately protected.
Under the Real Estate Act, RECA has the authority to hold formal hearings to inquire into possible licensee breaches of the Act and discipline misconduct when appropriate. There is also the possibility for issuance of letters of reprimand and/or administrative penalties.
Letters of Reprimand
Letters of reprimand are the least severe form of discipline. They are typically issued when breaches are minor or technical in nature.
Issued by: Registrar or Hearing Panel
Purpose: Educate and correct minor misconduct
Administrative Penalties
An administrative penalty may be issued if an investigation finds sufficient evidence of misconduct, usually involving one or two straightforward issues.
Issued by: Registrar
Includes: Overview of facts, breach details, and penalty amount
Penalty amounts: Set out in Schedule 2 of the Bylaws under the Real Estate Act
Hearing Panel Decisions
Disciplinary hearings are conducted by a three-person panel composed of licensees and public members. The panel investigates whether a licensee’s conduct warrants sanction under the Real Estate Act.
Key points:
- Panels examine evidence, question witnesses under oath, and have many powers similar to a civil court
- Written decisions are usually issued within 30 days, but timing may vary
- Outcomes may include fines, costs, education requirements, licence conditions, or suspensions
Appeals
Appealing a Hearing Panel Decision
Both licensees and the Registrar can appeal a Hearing Panel decision.
Must file a written notice of appeal within 30 days of receiving the decision
Costs for preparing the hearing record are paid by the appellant (typically $500–$2,000+)
Appealing an Appeal Panel Decision
Both licensees and the Registrar may appeal to the Court of Queen’s Bench within 30 days of receiving the Appeal Panel decision.
Appeal of an Administrative Penalty
Must file a written notice within 30 days of being served the penalty
Must describe the penalty, state reasons for appeal, and include security for costs (up to $1,000, 3× penalty amount)
Appeal of a Letter of Reprimand
Must file a written notice within 30 days of being served the reprimand
Must state the reason for the appeal
Complainant Appeal
Under s.40(1) of the Real Estate Act, a complainant may appeal a decision by the Registrar to a Hearing Panel if they:
- Must file a written notice of appeal within 30 days
- Must state the reason for the appeal
- Must include security for costs ($500)