Part 3 - Administration

Appointment of Executive Director

15 (1)

The appointment of a person to the position of executive director may be made, suspended or revoked only if the majority of all of the members of the Council then in office vote to do so.

 

 

15 (2)

The appointment of a person to the position of executive director may not be revoked or suspended unless the Council notifies the executive director, in accordance with subsection (3), that it is proposing to revoke or suspend the appointment and provides the executive director with its reasons.

 

 

15 (3)

The notification and reasons must be in writing and be served personally on the executive director or sent by regular mail to the address of the executive director as shown in the Council's records.

 

 

15 (4)

If requested by the executive director, the Council must give the executive director or the executive director's representative a reasonable opportunity to be heard before the Council.

Duties of Executive Director

16(1)

As chief administrative officer of the Council, the executive director shall:

 

(a)

assist the Council in the establishment of policies and procedures under section 17,

(b)

ensure that the policies and programs of the Council are recorded and implemented,

(c)

advise and inform the Council on the operation and affairs of the Council's administration,

(d)

perform the duties and exercise the powers and functions assigned to the Executive Director by the Act, the regulations, the bylaws and the rules, or as otherwise assigned by Council, and

(e)

report to the Chair on the ongoing activities of the Council, its policies and programs, and on other matters as directed by the Council.

 

 

16(2)

The executive director must ensure that
(a)

the names of members present at Council meetings are recorded,

(b)

following a Council or Committee meeting, RECA provides the draft Council or Committee meeting minutes to the Chair of Council or Committee within two weeks (14 days) of the Council or Committee meeting. The Chair or Chair Elect of Council or the Chair or Vice Chair of the Committee approves the minutes for timely circulation to the Council or Committee. The Council or Committee will formally approve the draft minutes at the next Council or Committee meeting. The bylaws, rules and minutes of Council meetings, and all other records and documents of the Council are kept safe,

(c)

the bylaws, rules and minutes of Council meetings, and all other records and documents of the Council are kept safe,

(d)

the operating and capital budgets for the succeeding fiscal year are prepared in a timely manner before the current fiscal year­end,

(e)

the reports referred to in section 16 of the Act are prepared,

(f)

the revenues of the Council are collected and controlled, and receipts are issued in the manner directed by the Council,

(g)

all money belonging to or held by the Council is deposited in a bank, credit union, loan corporation, treasury branch or trust corporation designated by the Council,

(h)

all accounts for expenditures authorized by the Council are paid,

(i)

accurate records and accounts are kept of the financial affairs of the Council,

(j)

money belonging to or held by the Council is invested as directed by the Council, and

(k)

appropriate staff, including any delegate(s), are hired or otherwise engaged and supervised as necessary to assist the Council and the executive director in fulfilling the Council's purposes.

   
Delegation
 
17 The executive director may delegate to a member of staff his duties and the exercise of the powers and functions assigned to the position of executive director by the Act, the regulations, the bylaws and the rules, or as otherwise assigned by Council.

Policies and Procedures

18

The Council may establish policies and procedures to be followed in the administration of the bylaws, rules and resolutions of Council.

Signing Authority

19

 Agreements, cheques and other negotiable instruments must be signed or authorized by    at least two persons so authorized by the Council.


Fiscal Year

20 (1)

The fiscal year of the Council will be from October 1 to September 30.

 

 

20 (2)

The second and each succeeding fiscal year shall be as determined by the Council, but shall be a period of 12 months.

 

 

20 (3)

The 12­ month requirement does not apply in a year in which the Council changes its fiscal year.

Accounts

21

Only a person authorized by the Council may open or close accounts that hold the money of the Council.

Operating Budget

22 (1)

The Council must, at least 30 days prior to the end of the current fiscal year, approve an operating budget for the succeeding fiscal year.

 

 

22 (2)

An operating budget must include the estimated amount of expenditures and revenues from each source, and the amount needed to provide for the Council's policies and programs.

Capital Budget

23 (1)

The Council must, at least 30 days prior to the end of the current fiscal year, approve a capital budget for the succeeding fiscal year.

 

 

23 (2)

A capital budget must include

 

(a)

the estimated amount of money needed to acquire, construct, remove or improve capital property,

(b)

the anticipated sources and amounts of money to pay the costs referred to in clause (a), and

(c)

any amounts to be transferred from the operating budget or any other fund maintained by Council.

Expenditures

24 (1)

The Council may only make an expenditure that

 

(a)

is included in its operating budget or capital budget or otherwise authorized by the Council,

(b)

is for an emergency, or

(c)

is legally required to be paid.

 

 

24 (2)

The Council shall establish procedures to authorize and verify expenditures that are not included in a budget.

Investments

25

The Council may invest its money only in investments in which a trustee may invest trust funds under the Trustee Act.

Borrowing for Operating Purposes

26 (1)

Subject to subsection (2), in each fiscal year the Council may for operating purposes borrow by way of loan, bank overdraft or line of credit from any financial institution any sum, to a maximum total of 15% of the operating budget of the Council for that fiscal year.

 

 

26 (2)

Any sum borrowed must be borrowed on the condition that the sum is to be repaid within the fiscal year in which the loan is made.

   

26 (3)

The Council may, during the fiscal year in which any sum is borrowed and the succeeding fiscal year, extend the term of the loan and renew or extend any obligations or securities securing the loan, but the total amount of time from the date a sum is initially borrowed to the date that the sum is repaid must not exceed two years.

Borrowing for Capital Purposes

27 (1)

Subject to subsections (2) and (4) to this section, in each fiscal year the Council may for capital purposes borrow by way of loan, overdraft or line of credit from any financial institution any sum, to a maximum total of 15% of the Council’s total budget for that fiscal year.

 

 

27 (2)

Subject to subsections (3) and (4), any sum borrowed must be borrowed on the condition that the sum is to be repaid within the fiscal year in which the loan is made..

 

 

27 (3)

Subject to subsection (4), the Council may, during the fiscal year in which any sum is borrowed and the two succeeding fiscal years, extend the term of the loan and renew or extend any obligations or securities securing the loan, but the total amount of time from the date a sum is initially borrowed to the date that the sum is repaid must not exceed three years.

   
27 (4) After Council has approved the purchase of real estate to be owned and occupied by the Real Estate Council of Alberta, the Council may borrow a maximum sum of 80% of the purchase price of the real estate, secured by a loan, debenture, mortgage agreement or other form of security, provided that the total amount of time from the date a sum is initially borrowed to the date that the sum is repaid must not exceed twenty-five years.

Recovery of Costs from Industry Members

28 (1)

Where a complainant is ordered to pay costs under section 40(4) of the Act or an industry member is ordered to pay costs under section 43(2) of the Act or costs are awarded pursuant to section 50(5) of the Act, the costs payable shall be determined in accordance with the following:

 

(a)

Investigation costs

 

(i)

investigators' costs at a minimum of $40 per hour to maximum of $80 per hour;

(ii)

general investigation costs including but not limited to disbursements, expert reports and travel costs in accordance with Council policy guidelines;

(iii)

transcript production including but not limited to interview transcripts;

(iv)

legal costs not to exceed $250 per hour; and

(v)

other miscellaneous costs.

(b)

Hearing and appeal costs

 

(i)

investigators' costs at a minimum of $40 per hour to maximum of $80 per hour;

(ii)

general hearing and appeal costs including but not limited to disbursements, process service charges, conduct money, expert reports, travel expenses including but not limited to witnesses and Council representatives in accordance with Council policy guidelines, expert witness fees to a maximum of $1,000 per diem;

(iii)

transcript production;

(iv)

hearing or appeal administration costs including but not limited to location rental, hearing secretary salary to a maximum of $15 per hour, honoraria of hearing panel members;

(v)

legal costs not to exceed $250 per hour;

(vi)

adjournment costs; and

(vii)

other miscellaneous costs.

28 (2)

28 (3)

 

 

 

 

 

 

 

 

 

 

 

 

28 (4)

 

Upon the complainant providing notice in writing of an appeal under section 40(4) of the Act, the complainant shall post security for costs with the Council in the amount of $500.
Subject to a panel’s discretion, the following Guide to Costs may apply:

ITEM

Column 1

Column 2

Column 3

Column 4

Column 5

Total fine or penalty

$0 - $4,999

$5,000 - $9,999

$10,000 - $29,999

$30,000 - $69,999

Over $70,000

Costs for fully Contested Hearing, including Administrative Penalty Appeal

$0 - $2,000

$0 - $2,500

$0 - $5,000

$0 - $7,500

$0 - $10,000

Costs for Hearing and Administrative Penalty Appeal with Agreed Statement of Facts

$0 - $1,500

$0 - $2,000

$0 - $4,500

$0 - $7,000

$0 - $9,500

Costs for Hearing and Administrative Penalty Appeal with Agreed Statement of Facts and Admission of Conduct Deserving of Sanction

$0 - $1,000

$0 - $1,500

$0 - $4,000

$0 - $6,500

$0 - $9,000

Costs for Hearing and Administrative Penalty Appeal with Agreed Statement of Facts, Admission of Conduct Deserving of Sanction and Agreement on Sanctions

$0 - $750

$0 - $1,250

$0 - $1,750

$0 - $2,250

$0 - $2,750

Costs for Consent Agreement

$0 - $500

$0 - $1,000

$0 - $1,500

$0 - $2,000

$0 - $2,500


The following factors may be considered by a panel in determining any cost order:

  1. the degree of cooperation by the industry member;
  2. the result of the matter and degree of success;
  3. the importance of the issues;
  4. the complexity of the issues;
  5. the necessity of incurring the expenses;
  6. the reasonable anticipation of the case outcome;
  7. the reasonable anticipation for the need to incur the expenses;
  8. the financial circumstances of the industry member and any financial impacts experienced to date by the industry member; and
  9. any other matter related to an order reasonable and proper costs as determined appropriate by the panel.”

Indemnification of Council members

29

The Council shall indemnify each member against all costs, charges and expenses that the member incurs in respect of any civil, criminal or administrative action or proceeding to which the member is made a party by reason of any thing done or permitted by the member in the execution of the duties of office as member, except things that are occasioned by the member's own willful neglect.

 

Continue with Part 4 - Administrative Penalties

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