Cooperate with the Real Estate Council of Alberta

Purpose: To explain an industry professional’s obligation to cooperate with the Real Estate Council of Alberta. 

This bulletin applies to all industry professionals.

Industry professionals must provide information and promptly respond to a representative of the Real Estate Council of Alberta (RECA). It is a failure to cooperate if you mislead or provide false information to RECA or do not respond in a timely, truthful and meaningful way. Refusal to cooperate is not an option. It is a breach of the Real Estate Act and Rules and can result in a disciplinary action. RECA decides what is relevant to a matter under review.  

In James v Real Estate Council of Alberta the Court addressed the issue of an industry professional’s duty to cooperate. Justice Macklin said:

“It is important to note the fact that the real estate industry, like the legal profession and others, is self-regulating. RECA was statutorily created, and one of its key functions is to ensure that its members, like Mr. James, abide by the rules and Code of Conduct set by RECA for the purpose of protecting members of the public.

Crucial to its ability to regulate is its ability to rely on the co-operation of its members in any investigation of behaviour alleged to be contrary to the rules and code. That co-operation must be provided in all cases, regardless of the view the investigated member has of the merits of the complaint. Needless to say, if his or her view of the merits is right, the complaint will be dismissed, but that is not for the member to decide, nor is it to constitute a reason for the member not to co-operate.”

You have the opportunity to cooperate throughout the process. If you choose not to cooperate, the executive director can suspend your licence.  Your licence will be reinstated when the executive director is satisfied you have fully cooperated. 

You are responsible for providing a response to RECA.  You cannot delegate this responsibility to your lawyer. RECA representatives will require direct evidence from you.

There are no excuses. If you do not understand the request or process, ask the RECA representative for clarification.

Privacy legislations allow you to disclose personal information about a client without the client’s consent. 

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