Professional Conduct Review (Investigations)

RECA investigates all written complaints against licensees within its jurisdiction to determine if there was a breach of RECA’s standards of conduct. RECA also investigates individuals who are not licensed if there is a complaint that they may be carrying out activities that require a licence.

Guide to Investigations for Consumers
Guide to Investigations for Licensees

  1. RECA receives a complaint
  2. If, after an initial review, the complaint meets the criteria for an investigation, RECA will notify the complainant and the licensee that it has opened an investigation
  3. Trained investigators gather facts carefully, fairly, and objectively. They may interview the complainant, the licensee, and any necessary witnesses during an investigation.
    • RECA keeps information obtained during a professional conduct review confidential, as far as the professional conduct review process allows. However, if the matter goes to a hearing or a prosecution, the information may become public and the complainant may be asked to testify.
  4. The investigations team provide the facts and evidence gathered to the registrar to make a decision
  5. The decision may result in:
    • no action
    • an advisory note
    • a letter of reprimand
    • an administrative penalty
    • a referral to a Hearing Panel, who will make a decision after hearing all statements and evidence
  6. RECA notifies all parties of the outcome of the decision as well as any appeal rights they might have

The Real Estate Act requires licensees to cooperate with RECA investigations, including responding to questions and providing documentation. The obligation to cooperate extends to any person who is asked to produce documentation or answer questions relevant to the investigation.

The Real Estate Act can also compel persons to produce information through a Production Order. This includes persons under investigation for unauthorized activity and any person with relevant information.

When complainants submit a written complaint, they agree to cooperate with the investigation.

The time required to complete a professional conduct review depends on many factors such as complexity, the level of co-operation from parties, and the number of reviews underway.

RECA will provide updates to all parties as a file progresses, and notify complainants of the outcome.

In some cases, a local real estate board (or other industry association) and RECA receive the same complaint, which may lead to two investigations. These investigations have different purposes: the industry association looks into the licensee’s compliance with the association’s membership requirements and rules for its members; RECA reviews the licensee’s compliance with the Real Estate Act, Regulations, and Rules. The outcome of one investigation has no bearing on the other.

More Info: