Resolution 2012-3 of the Real Estate Council of Alberta

WHEREAS Section 11(l) of the Real Estate Act confirms the Real Estate Council of Alberta (the “Council”) has the authority to prescribe contraventions in respect of which an administrative penalty may be imposed and the amount of the administrative penalty;

AND WHEREAS Section 12(a) of the Real Estate Act confirms Council has the authority to make rules prescribing, among others, standards of conduct;

AND WHEREAS Section 12(k)(i) of the Real Estate Act confirms Council has the authority to make rules respecting the eligibility requirements for a person to acquire and retain an authorization for the purposes of section 17, including, without limitation, rules respecting eligibility requirements for a person to acquire and retain an authorization;

AND WHEREAS Section 14(1) of the Rules made pursuant to the Real Estate Act provides a person is not eligible to be licensed in any class of licence if the person:

• 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;

AND WHEREAS Section 16(1) of the Rules made pursuant to the Real Estate Act provides that an individual who intends to apply for a licence must first meet the educational requirements or other requirements, if any, prescribed, adopted or approved by the Council for that class of licence;

AND WHEREAS Section 23 of the Rules made pursuant to the Real Estate Act provides an industry member must satisfy all applicable Re-licensing Education Program requirements prescribed by Council to retain a licence issued to the industry member by the Council.

Council wishes to adopt a policy that prescribes and establishes an Education Code of Conduct for Learners and an Education Code of Conduct for Learners Compliance Process and Remedies.

THEREFORE BE IT RESOLVED THAT:

The Real Estate Act Rules be amended as follows:

1. Sidebar to Section 16.1 of the Rules be added to read:  Education Code of Conduct
2. Section 16.1(1) of the Rules be added to read:  “When fulfilling the requirements under section 16 of the Rules, an individual who intends to apply for a licence must comply with the Education Code of Conduct for Learners at Schedule 3 of these Rules, as well as the Education Code of Conduct Compliance Process and Remedies at Schedule 4 of these Rules.”
3. Section s. 34(1)(f) and (g) of the Rules be repealed.
4. Section 34(i) of the Rules be added to read: “the person has breached the Education Code of Conduct for Learners”.
5. Sections 38.1(3)(b) and 38.1(3)(c) of the Rules be repealed.
6. Section 38.1(3)(f) of the Rules be added to read: “the industry member has breached the Education Code of Conduct for Learners”.
7. Section 39(1)(d) of the Rules be added to read: “who has been suspended or expelled from a course or program in accordance with the Education Code of Conduct for Learners.”
8. Section s. 41(k) of the Rules be added to read “comply with the Education Code of Conduct for Learners”.
9. Schedule 3 to the Rules be added and read: Schedule 3
10. Schedule 4 to the Rules be added and read: Schedule 4

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