Discipline Publications Guidelines

RECA Publications Guidelines

Objectives

RECA has a legal duty to transparently provide information that protects consumers and promotes the integrity of the industries it regulates.

RECA’s Discipline Publication Guidelines provide the general principles for publishing this disciplinary and regulatory information.

In addition to these guidelines, RECA acknowledges its responsibilities and limitations on the collection, use, and disclosure of personal information under the Personal Information Protection Act. As such, publication will be in accordance with RECA’s Redaction Policy.

Overview

Section 55 of the Real Estate Act places duties and discretion upon the Board, the Industry Councils, and the Registrar to publish information respecting:

  • the refusal, cancellation, or suspension of a licence issued by an Industry Council under the Real Estate Act
  • the name, business contact information and category of licence of licensees
  • a person’s withdrawal of a licence
  • prosecutions and disciplinary actions taken under the Act

Under the Act, these publications have qualified privilege.

Timing of Publication

All disciplinary decisions are published when the 30-day right of appeal period expires, except where a matter is egregious and earlier publication is in the interest of consumer protection. Decisions will remain on reca.ca for 5 years. Submit a Request for Disciplinary History form to access decisions that are no longer available on the website.

Enforcement Decisions

The Board, Industry Councils, and the Registrar believe that publication of all enforcement decisions—i.e., hearing and appeal panel decisions, with or without findings of misconduct, court decisions, and authorization suspensions—is in the public interest.

Publication modes may include:

  1. published in the Case Summaries document
  2. posted on RECA’s website (reca.ca)
  3. posted on Canadian Legal Information Institute’s website (CanLII)
  4. shared with other regulators and on other regulatory decision databases
  5. direct notification through News Release to the media, members of the public and other stakeholders (when warranted for consumer protection)

The publication mode and content of an enforcement decision will depend on:

  1. the enforcement or disciplinary action processes
  2. the seriousness of the contraventions
  3. the sanction or other enforcement action

Letters of Reprimand

The Registrar issues letters of reprimand in the least serious misconduct cases. Letters of reprimand are published for educational purposes, to act as both a specific and general deterrent.

Publication will include the fact that the Registrar issued a letter of reprimand, the breach, and a summary of the facts and circumstances. Publication will omit the licensee’s name and brokerage.*

Publication modes for letters of reprimand:

  1. inclusion in the Case Summaries
  2. redacted letter uploaded to reca.ca

*as of January 2023, RECA will no longer be publishing licensee information for letters of reprimand.

Administrative Penalties

Administrative penalties are published for educational purposes, to act as both a specific and general deterrent.

Publication will include the licensee’s name and brokerage, a summary of the facts, circumstances, breaches, and sanctions.

Publication modes for administrative penalties:

  1. inclusion in the Case Summaries
  2. document uploaded to reca.ca
  3. included in the Decisions & Appeals database on reca.ca
  4. posted on CanLII

Hearings, Appeals, and other Court Decisions

Hearings, appeals, and other court decisions resulting in finding(s) of conduct deserving of sanction, no finding(s) of conduct deserving of sanction, mixed finding(s) of conduct deserving of sanction, the sanction and Real Estate Act conviction(s) are published for educational purposes, to act as both a specific and general deterrent.

Publication will include the licensee’s name, a summary of the facts, circumstances, breaches, and sanctions.

Publication modes for hearings, appeals, and other court decisions:

  1. inclusion in the Case Summaries
  2. full decision uploaded and posted to reca.ca
  3. included in the Decisions & Appeals database on reca.ca
  4. full decision posted on CanLII
  5. News Release issued and posted to reca.ca (when warranted for consumer protection)

Real Estate Act Withdrawal Applications (s.54)

Industry Council-approved lifetime withdrawal applications are in the interest of consumer protection. Publication will include the licensee’s name, and a summary of the facts and circumstances.

Publication modes for withdrawal applications:

  1. inclusion in the Case Summaries
  2. approval letter uploaded and posted to reca.ca
  3. shared with other regulators and on other regulatory decision databases
  4. News Release issued and posted to reca.ca (when warranted for consumer protection)

Real Estate Act Temporary Suspension Orders (s.53)

Temporary orders of suspension by Industry Councils are published in the interest of consumer protection. Publication will include the licensee’s name, and a summary of the facts, and circumstances.

Publication modes for temporary orders:

  1. inclusion in the Case Summaries
  2. News Release issued and posted to reca.ca (when warranted for consumer protection)

Licensing and Registration Decisions

The Registrar will publish all licensing and registration refusal decisions as well as licensing and registration appeal decisions. Publication will include the fact that a refusal decision was made, what any appeal decision was, and a summary of the facts and circumstances. Publication will omit personal information.

Publication demonstrates to the public and the industry RECA’s commitment to transparent, consistent, and fair authorization.

Publication modes for licensing and registration decisions:

  1. redacted summary uploaded and posted to reca.ca


(last updated February 2023)

 



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