Resolution 1996-23 of the Real Estate Council of Alberta - APPENDIX A and B

Definitions

1    In these bylaws,

  1. “Act” means the Real Estate Act;
  2. “bylaws” means the bylaws made by the Council;
  3. “committee” means a committee appointed by Council and includes a Hearing Panel or Appeal Panel under the Act;
  4. “Executive Director” means the Executive Director of the Council appointed under section 8 of the Act;
  5. “member means a member of the Council appointed under section 6 of the Act;
  6. “rules” means the rules made by the Council.

 

 APPENDIX “B”

 PART 4
Administrative Penalties

Designation of administrative penalties

32(1)  The contraventions of the provisions listed in column 1 of Schedule 1 to these bylaws are hereby designated as the contraventions which may be dealt with under and in accordance with the procedure set out in section 82 of the Act.

  1. The amount set out in an item of column II of Schedule 1 to these bylaws is the maximum amount that may be assessed as an administrative penalty for the contravention of the provision set out in column 1 of that item for each day that the contravention continues.

Notice of administrative penalty

33(1)  A notice issued to an industry member by the Executive Director pursuant to subsection 82(1) of the Act shall be in writing and specify

  1. the contravention of the provision that the Executive Director believes has occurred;
  2. the particulars of the alleged contravention;
  3. that payment of the amount set out in the notice will be accepted by the Executive Director as complete satisfaction of the amount of penalty for the alleged contravention and that no further proceedings under Part 6 of the Act will be taken against the person in respect of that contravention;
  4. that if the industry member fails to pay the amount set out in the notice in accordance with the requirements set out therein, the Executive Director may commence legal proceedings against the industry member to recover the amount owing in respect of the administrative penalty as a debt due the Council; and
  5. that the industry member has the right to appeal the administrative penalty to a Hearing Panel in accordance with section 35 of these bylaws, and that the industry member will be given a full opportunity consistent with procedural fairness and natural justice to present evidence before the Hearing Panel and make representations in relation to the alleged contravention.
  6. A notice under subsection (1) shall be served personally or by single registered mail sent to the latest known address of the industry member to whom the notice relates.

Time to pay

34(1)  Subject to subsection (2), an industry member must pay any penalty imposed in accordance with subsection 82(1) of the Act within 30 days of the date on which the Executive Director issued a notice of administrative penalty.
(2)  Where the Executive Director is of the opinion that a penalty may cause undue hardship for the industry member who has received a notice of administrative penalty, the Executive Director may extend the time to pay.

Appeal of administrative penalty

35(1)  An industry member in respect of whom the Executive Director has issued a notice of administrative penalty may appeal the penalty to a Hearing Panel appointed pursuant to section 36 of the Act.
(2)  An appeal under subsection (1) must be commenced by a written notice of appeal, which must

  1. describe the administrative penalty appealed, and
  2. state the reasons for the appeal.

(3)  A notice of appeal under this section must be served on the Executive Director within 30 days after the date on which the notice of administrative penalty is served on the industry member;
(4)  An industry member who wishes to appeal an administrative penalty must provide security for costs in the amount of three times the penalty imposed, up to a maximum of $1,000.00, along with the notice of appeal.
(5)  On receipt of a notice of appeal and security for costs, the Executive Director shall refer the matter to a Hearing Panel, and on referral of the matter to it, a Hearing Panel shall hold a hearing.
(6)  The Hearing Panel must commence to hear an appeal under subsection (5) in accordance with section 41 of the Act, and the rules set out in section 42 of the Act shall apply to the hearing of the appeal.
(7)  On an appeal of an administrative penalty, a Hearing Panel may

  1. quash, vary or confirm the administrative penalty; and
  2. make an award as to the costs of the investigation resulting in the administrative penalty and the appeal.

(8)  The decision of the Hearing Panel on an appeal of an administrative penalty shall be final.

Limitation period

36  The Executive Director may issue a notice of administrative penalty within 3 years after the date on which the contravention of the designated provision is alleged to have occurred, but not after that date.

PART 5
Practice and Procedure of Hearing Panel and Appeal Panel

Procedure of Hearing Panel

37  The practice and procedure of a Hearing Panel shall include the Hearing Panel Practice and Procedure Guidelines prescribed, adopted and approved by the Council from time to time.

Procedure of Appeal Panel

38  The practice and procedure of an Appeal Panel shall include the Appeal Panel Practice and Procedure Guidelines prescribed, adopted and approved by the Council from time to time.

PART 6
Coming into Force

Coming into force

39(1)  Sections 2 to 31 of these bylaws come into force on January 22, 1996.
(2)  Sections 1 and 32 to 38 of these bylaws come into force on January 1, 1997.

 

 

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