Real Estate Act

Part 6 - General

Section 76 - Reviews
76(1)

The Minister may, whenever the Minister considers it necessary, review or appoint a person to review

  (a) the conduct of the Council,
  (b) any matter relating to the Fund,
  (c) any matter relating to the Foundation, or
  (d) any matter affecting the industry or its regulation.
(2) The Minister or other person conducting the review under subsection (1)
  (a) may require the attendance of any member, officer or employee of the Council or the board of governors of the Foundation or of any other person whose presence is considered necessary during the course of the review, and
  (b) has the same powers, privileges and immunities as a commissioner under the Public Inquiries Act.
(3) When required to do so by the Minister or other person conducting a review, a person referred to in subsection (2)(a) shall produce for review all books and records that are in that person’s possession or under that person’s control that are relevant to the subject-matter of the review.
(4) A person, other than the Minister, who conducts a review shall forthwith on the conclusion of the review report in writing to the Minister.
(5) On conducting a review or receiving a report under subsection (4), the Minister may by order direct that the Council, the Foundation or any member, officer or employee of the Council or of the board of governors of the Foundation take any action that the
Minister considers appropriate in the circumstances.
(6) If an order under subsection (5) is not carried out to the satisfaction of the Minister, the Minister may by order do either or both of the following:
  (a) appoint a comptroller to oversee the management of the affairs of the Council or the Foundation or the administration of the Fund, as the case may be, and attach terms and conditions to the continued operation of the Council, the Foundation or the Fund, as the case may be;
  (b) dismiss all or any of the members of the Council or the board of governors of the Foundation or the member, officer or employee who failed to carry out the order.
(7) If the Minister dismisses the Council or the board of governors of the Foundation, the Minister may in the same or a subsequent order do either or both of the following:
  (a) appoint an official administrator to manage the affairs of the Council or the Foundation, as the case may be, until a new Council or board of governors is appointed;
  (b) direct that a new Council or board of governors be appointed under this Act.
(8) An order under subsection (7)(a) may provide for the payment of remuneration and expenses to the official administrator and may provide that the remuneration and expenses are the responsibility of the Council or the Foundation, as the case may be.
(9) An official administrator has all the powers and is subject to all the obligations of the Council or the Foundation, as the case may be, under this Act.
(10) An order or direction under subsection (5), (6) or (7) takes effect on the service of a copy of it on the person to whom it is directed.
 

1995 cR-4.5 s75

 

Continue with Part 6 Section 77 - Service of Documents

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