Decisions and Appeals
The Real Estate Council of Alberta (RECA) is responsible for ensuring that consumers who use the services of industry members are adequately protected.
Under the Real Estate Act, RECA has the authority to hold formal hearings to inquire into possible industry member breaches of the Act and discipline misconduct when appropriate. There is also the possibility for issuance of letters of reprimand and/or administrative penalties.
Disciplinary decisions are posted in accordance with the Real Estate Act, s.55 and in accordance with Guidelines for the Publication of Enforcement Action.
Prior to January 24, 2018, RECA’s publication guidelines stipulated that disciplinary decisions remain on the RECA website for a period of two years. In October 2017, Council approved revised publication guidelines. Any disciplinary or enforcement action dated January 24, 2018 or later will now remain on RECA’s website indefinitely. Old RECA disciplinary decisions remain available at RECA’s office and through a “Request for Industry Professional Authorization and Disciplinary History.”
Appealing a Hearing Panel Decision
Both the industry member and the executive director have the right to appeal a Hearing Panel decision under s. 48(1) of the Real Estate Act.
An appeal must be commenced by a written notice of appeal describing the finding or order appealed and the reasons for appeal. The notice of appeal must be served on the executive director or industry member within 30 days after the date on which the decision of the Hearing Panel is served on the industry member.
The costs of preparing the record of the hearing shall be paid by the party appealing the decision. Costs for preparation of the record may range from $500 to $2,000 or more, depending on the length or complexity of the original hearing.
Appealing an Appeal Panel Decision
Both the industry member and the executive director have the right to appeal a decision of an Appeal Panel to the Court of Queen’s Bench, under s. 52 of the Real Estate Act. This appeal must be commenced by originating notice with the clerk of the court within 30 days after the Industry member or executive director is served with the decision of the Appeal Panel.
Appeal of an Administrative Penalty
Under s. 83.1of the Real Estate Act, a person who has been issued a Notice of an Administrative Penalty may appeal the Notice of Administrative Penalty within 30 days after the date on which the penalty is served on the person. The notice of appeal must be in writing and must describe the administrative penalty appealed, must state the reason for the appeal and must be accompanied by security for costs in the amount of 3 times the penalty imposed up to a maximum of $1,000.
Appeal of a Letter of Reprimand
Under s. 40.1(2) of the Real Estate Act, a person who has been issued a Letter of Reprimand under s.39 (1)(b)(i.1) may appeal the reprimand within 30 days after the date on which the penalty is served on the person. The notice of appeal must be in writing and must state the reason for the appeal.
Under s.40(1) of the Real Estate Act, a complainant who is served with a notice of decision
a) under s.38.1(2) not to investigate a complaint or to discontinue investigating a complaint, or
b) under s.39(2) that no further action will be taken,
may, within 30 days after receipt of the notice, appeal the decision to a Hearing Panel. The notice of appeal must be in writing and should state the reason(s) for the appeal.