RECA investigates all written complaints against industry professionals 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.
The Real Estate Act requires industry professionals to cooperate with professional conduct reviews, 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 industry professional’s compliance with the association’s membership requirements and rules for its members; RECA reviews the industry professional’s compliance with the Real Estate Act, Regulations, and Rules. The outcome of one investigation has no bearing on the other.