WHEREAS pursuant to section 84(1) of the Real Estate Act, S.A. 1995, c. R-4.5 (the “Act”), the Real Estate Council of Alberta (the “Council”) has the power, duty and responsibility to amend or appeal bylaws and rules;
THEREFORE BE IT RESOLVED THAT:
Bylaws 2, 5 and 13 of the Bylaws shall be amended as follows:
Bylaw 2 shall be amended to include subsection 2(6) and shall read as follows:
2(1) The appointment of members under section 6(1)(e) of the Act shall occur as follows:
(a) for the purposes of appointing an industry member, notice shall be provided to industry members who are not members of the Alberta Real Estate Association, in a manner the appointing members determine appropriate, of the times during which nominations for appointing an industry member as a member of Council will be received;
(b) for the purposes of appointing a person who is not an industry member, notice shall be provided to the public in a manner the appointing members determine appropriate of the times during which nominations for appointing a member of the public as a member of Council will be received.
(2) The appointing members shall, within 60 days of receiving the nominations, jointly appoint a member to the Council.
(3) In the event an association fails to appoint a member under section 6 of the Act within 120 days of receiving notice of the vacancy as provided under subsection (5), the Council may appoint the member in any of the following ways that the Council determines appropriate:
(a) through an election in which only industry members, who are also members of the association which failed to appoint a member, are entitled to vote;
(b) by appointment at the discretion of the Council from among industry members who are also members of the association which failed to appoint a member;
(c) by appointment at the discretion of the Council from among all industry members.
(4) Any appointment by the Council under subsection (3) does not invalidate nor impair the right of an association to appoint a member in accordance with section 6 of the Act on a vacancy occurring in the office of the member appointed under subsection (3).
(5) Where a vacancy on the Council occurs, the executive director is given notice by a member that the member is resigning from Council or an appointment is about to expire, the executive director shall
(a) in the event of a resignation, provide written or oral notice to the association or person responsible for appointing the member as soon as possible following receipt of the notice from the member,
(b) in the event of a vacancy, provide written or oral notice to the association or person responsible for appointing the member as soon as possible on becoming aware of the vacancy occurring, or
(c) in the event of an appointment expiring, provide the association or person responsible for appointing the member with at least 90 days’ prior written notice of the date of expiry of the appointment
(6) The effective and expiry dates of appointments of members to Council under section 6 of the Act shall occur as follows:
(a) all appointments shall expire on October 31 of the applicable year and new appointments shall be effective on November 1 of the applicable year;
(b) notwithstanding that a member’s term of office has expired, the member shall remain in office until a successor is appointed.
Bylaw 5 shall be amended to include subsection 5(4) and shall read as follows:
5(1) At the first meeting of the Council at which all members of Council are present, the members shall elect a Chair and a Vice-chair from among the members.
(2) A member elected as Chair or Vice-chair holds office for one year and is eligible to be re-elected for not more than 2 additional consecutive terms.
(3) The executive director is an officer of the Council and a member of all committees.
(4) The effective and expiry dates of terms of members elected as Chair or Vice Chair shall occur as follows:
(a) all terms shall expire on October 31 of each applicable year and new terms shall be effective on November 1 of each applicable year;
(b) notwithstanding that a term has expired, the Chair or Vice Chair shall remain in office until a successor is elected.
Bylaw 13 shall be amended to include subsections 13(4) and 13(5) and shall read as follows:
13(1) The Council may establish standing or special committees.
(2) On establishing a committee, the Council shall determine
(a) the mandate of the Committee,
(b) the composition of the Committee, and
(c) the reporting requirements of the Committee to the Council.
(3) Any decision of a committee established under subsection (2) must be ratified by Council prior to being acted on.
(4) The composition of a Committee may include appointments of Council members, industry members and the public at large.
(5) The effective and expiry dates of appointments to Committees under subsection 13(2) shall occur as follows:
(a) all appointments to committees shall expire on October 31 of each applicable year and new appointments shall be effective on November 1 of each applicable year;
(b) notwithstanding that an appointment has expired, the individual appointed shall remain in office until a successor is appointed.
DATED at Edmonton, this 16 th day of July, 1997.
