Schedule 4 - Education Code of Conduct for Learners: Compliance Process and Remedies

  1. When the Executive Director becomes aware of information that suggests a learner may have failed to comply with the Education Code of Conduct for Learners, the Executive Director will undertake preliminary information gathering from sources the Executive Director deems appropriate.  
  2. If after conducting a preliminary review, the Executive Director believes there is adequate evidence of a failure to comply with the Education Code of Conduct, the Executive Director will commence a formal review process. 
  3. If the learner is an industry member, the Executive Director may commence one or more of the following formal processes:
    1. an Education Attainment Review;
    2. a review under section 22 of the Real Estate Act Rules;
    3. a review under section 34 of the Real Estate Act Rules;
    4. a review under section 38.1 of the Real Estate Act Rules; and/or
    5. a Conduct Proceeding under Part Three of the Real Estate Act.
  4. If the learner is not an industry member, the Executive Director may commence one or more of the following formal review processes:
    1. an Education Attainment Review;
    2. a review under section 34 of the Real Estate Act Rules; and/or
    3. a process to determine whether, in the opinion of the Executive Director, an Administrative Penalty should be issued in accordance with section 83 of the Real Estate Act.
  5. When the Executive Director is of the opinion that the learner or another person assisting the learner has breached the Criminal Code of Canada, the Executive Director may file a complaint with the applicable law enforcement agency.
  6. For purposes of Conduct Proceedings under Part Three of the Real Estate Act or matters relating to Real Estate Act section 83 or Real Estate Act Rules sections 22, 34, 38.1, established processes will apply.
  7. An Education Attainment Review means a review of a learner’s conduct to attain RECA education.
  8. If the Executive Director conducts an Education Attainment Review, the Executive Director will provide the learner:
    1. Notice that an Education Attainment Review and evidence gathering has commenced;
    2. A description of the process to be followed in the review;
    3. An opportunity to provide any evidence the learner considers relevant within 15 days of notice of the commencement of the review;
    4. Advice that failure to respond will result in the evidence gathering process being completed without the learner’s participation; and
    5. Advice that evidence will also be gathered from any person or sources deemed relevant by the Executive Director.
  9. Upon conclusion of the evidence gathering stage, and if the matter proceeds, the Executive Director will:
    1. Disclose to the learner all relevant evidence and information gathered during the Education Attainment Review;
    2. Notify the learner in writing of allegations and particulars of non-compliance with the Education Attainment Review;
    3. Provide the learner an opportunity to respond to the allegations by making written or oral submissions to the Executive Director within ten days of the learner’s written notification of the allegations and particulars; and
    4. Advise the learner that failure to respond will result in a decision being rendered without the learner’s participation.
  10. The Executive Director may extend time limits for the learner’s provision of evidence or submissions where special circumstances warrant.
  11. The Executive Director will decide whether the learner complied with the Education Code of Conduct for Learners. 
  12. If the Executive Director determines that the learner did not comply with the Education Code of Conduct for Learners, the Executive Director may:
    1. For non-industry members:
      1. Provide a written warning;
      2. Provide a failing grade;
      3. Allow the learner to resubmit the assignment or other work, or rewrite the examination;
      4. Allow the learner to retake the course, program or examination as applicable;
      5. Suspend the learner from the course or program for a specified period of time;
      6. Expel the learner from the course or program and not permit entry for a specified period of time; and
      7. Refer the matter to any other process.
    2. For industry members:
      1. Provide an Advisory Note;
      2. Provide a failing grade;
      3. Allow the learner to resubmit the assignment or other work, or rewrite the examination;
      4. Allow the learner to retake the course, program or  exam as applicable;
      5. Suspend the learner from the course or program for a specified period of time;
      6. Expel the learner from the course or program and not permit entry for a specified period of time; and
      7. Refer matter to any other applicable process.
  13. The Executive Director will serve a written decision on the learner.
  14. The Executive Director’s decision to:
    1. Provide a written warning;
    2. Provide a failing grade;
    3. Allow the learner to resubmit the assignment or other work, or rewrite the examination;  and
    4. Allow the learner to retake the course, program or examination as applicable;
      is final
  15. The Executive Director’s decision to:
    1. Suspend the learner from the course or program for a specified period of time; and,
    2. Expel the learner from the course or program and not permit entry for a specified period of time;
      is appealable under section 39 of the Real Estate Act Rules.
  16. Where the Executive Director makes a decision that the learner did not comply with the Education Code of Conduct for Learners, the Executive Director will place a copy of the decision on the learner’s RECA licencing file.

Back to Table of Contents - Real Estate Act Rules

 

home