Resolution 2010-7 of the Real Estate Council of Alberta
WHEREAS,
Section 12 of the Real Estate Act, confirms the Real Estate Council of Alberta (the “Council”) has the authority to make rules prescribing or adopting standards of conduct and business standards for industry members; and,
Council passed a motion on November 3, 2010 approving amendments to the rules, and in particular 14, 34 and 39 and a new rule 38.1.
THEREFORE BE IT RESOLVED THAT:
The Rules will be amended as follows:
Ineligibility for licence
14(1) A person is not eligible to be licensed in any class of licence if the person:
- has not met the requirements of the Act, these Rules or the Bylaws;
- has not met the educational requirements or other requirements, if any, prescribed, adopted or approved by the Council for that category of licence;
- has not passed the examination prescribed, adopted or approved by the Council for that class of licence, or been exempted from the examination by the executive director;
- has not submitted a completed application to the executive director in the prescribed form together with the required documentation;
- has not submitted the required application fees, levies or premiums;
- has not provided any additional information required by the executive director for licensing purposes within the time prescribed;
- is someone in respect of whom a payment out of the Real Estate Assurance Fund has been made under the Act and the amount has not been repaid;
- has failed to pay, or make satisfactory arrangements to pay with the executive director, any outstanding penalties, fines, or costs imposed pursuant to the Act, Rules or Bylaws;
- contravened or has failed to comply with any terms or conditions imposed by a hearing panel, appeal panel or the court;
- contravened or has failed to comply with any licence terms, conditions or restrictions previously imposed by the executive director;
- has made an application to withdraw from the industry pursuant to the Act and the application was approved;
- is not at least 18 years of age;
- is licensed as a broker and is subject to bankruptcy; or,
- has failed to obtain appropriate insurance as required by the Act, Regulations, Rules or Bylaws.
(2) A person whose licence has been suspended or cancelled in one class is not eligible to be licensed in any other class until the suspension or cancellation period has expired.
(3) When a person’s licence has been cancelled under the Act and that person applies for a new licence, that person is not eligible to be issued a new licence until 36 months have elapsed from the date of the cancellation, or such lesser or greater time as may be determined by a hearing or appeal panel or the court.
(4) Subject to section 18(4), a person is not eligible to be licensed as a candidate or appraiser if that person is not a member in good standing of an appraiser association.
34(1) Refusal of licence or registration
(1) The executive director may refuse to issue a licence or registration certificate to a person, or may recommend that a hearing panel refuse to issue a licence or registration certificate, where the executive director is of the opinion that:
- the person has provided false or misleading information to the executive director in the course of applying for a licence or registration certificate or the renewal of either;
- the person is someone against whom a member of the public has obtained a judgment arising out of that person’s action as an industry member and no reasonable arrangements have been made to satisfy it;
- Deleted
- it would not be in the public interest or it would harm the integrity of the industry or bring the industry into disrepute to issue a licence or a registration certificate to that person;
- the person is not of good character and reputation or is otherwise unfit to be licensed;
- the person has not participated in, or completed, the required education course(s) or examination(s) honestly, or, in compliance with the applicable guidelines or requirements;
- the person has provided false or misleading information while participating in or fulfilling educational or examination requirements; or
- the person is a brokerage and any official, director, officer, shareholder or partner, as the case may be, associated with the brokerage:
- is not of good character and reputation; or,
- has made an application to withdraw from the industry pursuant to the Act and the application was approved.
(2) If an application for a licence or registration certificate is refused by the executive director or a hearing panel, the application fee, less any service fee established by Council, shall be returned to the applicant.
38 Deleted
38.1 Suspension or cancellation of licence
38.1 Subsequent to issuing a licence, and in addition to circumstances under which a licence may be suspended or cancelled under the Act, the executive director shall suspend or cancel a person’s licence when the industry member:
- contravenes or fails to comply with a term, condition or restriction attached to the person’s licence by the executive director;
- contravenes or fails to comply with an order of a hearing panel, appeal panel or the court including any term, condition or restriction attached to the person’s licence;
- fails to pay, or make satisfactory arrangements to pay, any outstanding fees, levies, premiums, penalties, fines, or costs imposed by a hearing panel, appeal panel or the court, administrative penalties, or any other payments required to be paid pursuant to the Act, Regulations, Rules or Bylaws;
(2) Notwithstanding subsection (1), before suspending or cancelling an industry member’s licence, the executive director may in extenuating circumstances provide the industry member with additional time, or enter into arrangements with the industry member that are satisfactory to the executive director, for the industry member to comply with the requirements referred to in subsection (1).
(3) Subsequent to issuing a licence, and in addition to circumstances under which a licence may be suspended or cancelled under the Act, the executive director may suspend or cancel a person’s licence when:
- in matters pertaining to licensing, the industry member:
- withholds or provides false and misleading information to the executive director in the process of applying for a licence;
- swears a false affidavit;
- fails to comply with any request for information made by the executive director or the Council or to reply in a constructive way to correspondence from the executive director or the Council;
- the industry member has not participated in, or completed, the required education course(s) or examination(s ) honestly, or, in compliance with the applicable guidelines or requirements;
- the industry member provides false or misleading information while participating in or fulfilling educational or examination requirements;
- fails to maintain the appropriate insurance coverage as required by the Act, Regulations, Rules or Bylaws.
- the industry member fails to file or submit any records or accounting reports as required under the Act, Regulations, Rules or Bylaws.
(4) Prior to determining whether a person’s licence should be suspended or cancelled under subsection (3), and in the case of a suspension for what duration, the executive director or an individual appointed by the executive director to carry out an evidence gathering function for purposes of a licensing review, will gather evidence and information from the person and other relevant parties.
(5) At the commencement of the licensing review, the person will be provided:
- notice by the executive director or an individual appointed by the executive director to carry out an evidence gathering function of the specific fact(s) and issue(s) relating to the licensing matter, including notice that a decision may result in a licence suspension or cancellation by a date specified in the notice; and,
- notice by the executive director or an individual appointed by the executive director to carry out an evidence gathering function that failure to participate in the licensing review and supply requested information to the executive director or an individual appointed by the executive director to carry out the evidence gathering function by the date specified in the notice may result in a licence suspension or cancellation;
(6) Upon completion of the evidence gathering, the person will be provided:
- disclosure of all relevant evidence and information relating to the licensing review; and,
- an opportunity to make oral submissions in the licensing review, or if the person chooses, written submissions, and additional relevant evidence, to the executive director within 10 days of the date of service of the disclosure set out in (4)(a).
(7) The person will be advised that the person’s failure to make submissions to the executive director within 10 days of the date of service of the disclosure set out in (4)(a) may result in a licence suspension or cancellation for a duration to be determined by the executive director.
(8) The executive director will decide whether or not the person’s licence will be suspended or cancelled, and in the case of a suspension, for what duration.
(9) The executive director will serve the decision on the person.
39 Review of refusal, suspension or cancellation
(1) A person:
- who has had terms, conditions or restrictions imposed under section 22;
- who has been refused a licence or registration certificate under section 34, or whose licence has been suspended or cancelled pursuant to section 35 or section 38.1;
- may, within 30 days after being notified in writing of the decision, request a review of the decision by an appeal panel appointed under the Act.
(2) The appeal panel will, in addition to affording the person the opportunity to make written representations, afford the person requesting the review the opportunity to make oral representations.
(3) The appeal panel may conduct any enquiries, in addition to those made by the executive director, it considers appropriate for the purposes of the review and, in the case of a refusal of a licence or registration certificate, may treat the request for review as an original application for a licence or registration certificate.
(4) The executive director shall serve in accordance with the Act the decision of the appeal panel on the person requesting the review and, where the decision upholds the decision of the executive director, the decision shall be accompanied by reasons.
(5) The appeal panel’s decision is final.
Dated at Calgary this 3 day of November 2010
