Service Alberta Ministerial Order to Council & Advertising Clarifications

RECA News: Minister of Service Alberta issues Order to Council & Effect on Advertising Guideline Clarifications

On August 8, 2019, the Minister of Service Alberta issued a Ministerial Order to Council not to give effect to new bylaws, rules, policy, directives, directions or interpretations without first obtaining the written approval of the Minister of Service Alberta. Further, the Minister ordered Council to suspend implementation of any bylaw, rule, policy, direction or interpretation already approved by Council but not yet in effect; such suspension may only be lifted upon written approval of the Minister. Yesterday’s Ministerial Order was a direct result of the Minister having received a written report in early July 2019 under section 76 of the Real Estate Act concerning the governance of RECA. The report was completed by KPMG.

The Minister’s Order means the changes to RECA’s advertising guidelines, which were to come into effect on October 1, 2019, are immediately on hold. The requirement for industry members to clearly indicate their brokerage name in all advertising remains in force. For more information about the Advertising Guidelines currently in effect, please review the Advertising Guidelines.

For those industry professionals who have already revised their advertising materials in compliance with the anticipated changes to RECA’s advertising guidelines to take effect on Oct. 1, 2019 (now on hold) RECA is of the view that the changes you made are compliant. RECA does not know whether the Minister may lift his Order with respect to the advertising guideline clarifications in the future.

RECA will work diligently and cooperatively with the Minister to ensure compliance with the Minister’s Order and is committed to providing updates to industry members as updates become available.

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