Real Estate Act

Part 1 - Real Estate Council of Alberta

Section 9 - Prohibitions
9 (1)  No person while a member of the Council shall do any of the following:


act in an official capacity for an association, be on the governing body of an association, be an employee of an association or otherwise act on behalf of an association in any manner other than as an ordinary member of the association;
  (b) engage directly or indirectly in any business transaction or private arrangement for a pecuniary benefit, knowledge of which is gained from or based on the person’s being a member of the Council, or from confidential or non‑public information gained by reason of the member’s position or authority with the Council;
  (c) act in a manner, whether or not prohibited by this Act, the regulations, the rules or the bylaws, that may result in, or create the appearance of,
    (i) using the member’s position for private gain,
    (ii) giving preferential treatment to any person,
    (iii) impeding the Council from carrying out its purposes,
    (iv) foregoing independence or impartiality, or;
    (v) adversely affecting the integrity of the Council;
  (d) represent the Council, explicitly or impliedly, or act in an official capacity on any matter in which the member has a real or potential personal interest, direct or indirect, in a manner that is incompatible with the member’s duties under this Act, the rules or the bylaws;
  (e) contract with or otherwise accept the services of an industry member or applicant to become an industry member on terms that are more favourable than those generally available to the general public;
  (f) unless approved by the Council, accept a fee or benefit from another person on account of an occasion at which the member appears or provides a speech, lecture or publication, if the occasion is part of the official duties of the member for which compensation is being paid by the Council;
  (g) contravene this Act, the regulations, the rules or the bylaws.
(2) Subject to subsection (3), a member who contravenes subsection (1) shall resign immediately on becoming aware of the contravention.

 Instead of accepting a resignation under subsection (2), the Council may suspend the member from all or any Council activities for any period of time and subject to any terms and conditions that the Council considers appropriate.

(4)  If a member contravenes subsection (2) or any terms and conditions under subsection (3), the Council may apply by originating application to a judge of the Court for
  (a) an order determining whether the member was never qualified to be or has ceased to be qualified to remain a member under this section, or
  (b) an order declaring the member to be disqualified from membership on the Council.
(5) An application under this section may be made within 3 years of the date on which the contravention is alleged to have occurred, but not after that period.

RSA 2000 cR-5 s9; 2009 c53 s157


Continue with Part 1 Section 10 - Direction by Council

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