Real Estate Act Ministerial Regulation

Part 4 - Other Matters

Refusing to Investigate a complaint or discontinuing investigation

21   The executive director may take any action permitted under section 38.1 of the Act with respect to the investigation of a complaint if

(a) the industry member complained of is not clearly identified,

(b) the conduct complained of is not a breach of the Act, regulations, rules or bylaws or there is insufficient evidence of a breach of the Act, regulations, rules or bylaws,

(c) the conduct complained of was the subject of a prior complaint,

(d) the complaint is frivolous or vexatious,

(e) the breach complained of is minor in nature and an advisory note is sent to the industry member complained of,

(f) the complainant fails or refuses to cooperate with an investigator, or

(g) the complainant asks not to proceed with the complaint.

AR 124/2008 s6


Depositing Trust Account Money

22   Subject to and for the purposes of section 25(1) of the Act, money received in trust must be deposited within.

(a) 3 business days of receipt, or

(b) in the case of money received in trust for an offer to purchase, 3 business days of the acceptance of the offer to purchase.

AR 124/2008 s6/ SA:014/2008


Service of Documents

23   For the purpose of section 77(2)(c) of the Act, service of a document is effected when it is.

(a) served on the person,

(b)  left at the person’s primary residence with a person who appears to be 16 years of age or older,

(c) mailed to the person’s primary residence by a method that provides confirmation of delivery, or

(d)  sent by a telecopier or electronic device to be received and printed by a receiving telecopier or electronic device that is situated at the person’s primary residence.

AR 124/2008 s6


Winding Up

24   If the Fund is wound up, the Fund must

(a) first, be used to pay all costs incurred in the winding‑up of the Fund,

(b) second, be used to discharge all liabilities of the Fund, and

(c)  third, be disposed of in accordance with an order of the Lieutenant Governor in Council.

AR 124/2008 s6


Administrative Penalties Maximum

25   For the purposes of section 11(l) of the Act, the maximum administrative penalty that may be prescribed is $25 000.

AR 124/2008 s6


Expiry
26   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 30, 2018.
 

AR 124/2008 s6

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