Real Estate Act

Part 1 - Real Estate Council of Alberta

Section 12 - Rules
12  The Council may make rules
 

(a)

prescribing or adopting standards of conduct and business standards for industry members;
  (b) respecting the form and contents of advertising carried out by industry members;
  (c) respecting the use of names by industry members;
  (d) requiring the use of standard forms for matters related to the industry and prescribing or providing for the establishment of those forms;
  (e) requiring that specified types of transactions in the business of an industry member be evidenced by an agreement in writing and that such an agreement contain specified provisions;
  (f) regulating the operation of branch offices by industry members;
  (g) respecting the disclosure of information by industry members to parties and potential parties to transactions in the business of an industry member;
  (h) establishing different classes of industry members and different classes of business of industry members for the purposes of this Act, the regulations, the rules and the bylaws;
  (i) regulating the manner in which industry members are to carry out the activities that form part of the business of an industry member;
  (j) regulating the rights, duties, powers and obligations of industry members in the carrying on of the business of an industry member;
  (j.1) regulating trading in real estate by an industry member on the industry member’s own behalf;
  (j.2) respecting the manner in which or the basis on which commissions and other remuneration are to be calculated;
  (k) respecting the issuing of authorizations for the purposes of section 17, including, without limitation, rules
    (i) respecting eligibility requirements for a person to acquire and retain an authorization,
    (ii) respecting the application for and issuing of authorizations,
    (ii.1) respecting the requirement for a criminal record check to accompany an application for an authorization,
    (iii) providing for the issuing of authorizations subject to terms and conditions and authorizing the imposition of terms and conditions on authorizations,
    (iv) respecting the duration of authorizations,
    (v) authorizing and respecting the cancellation and suspension of authorizations in circumstances in addition to the circumstances under which an authorization may be cancelled or suspended under Part 3, and
    (vi) respecting the appeal of a decision to refuse to issue or to cancel or suspend an authorization and the reinstatement of authorizations;
  (l) providing for the appeal of orders under section 73;
  (m) requiring industry members and former industry members to keep records and books of account and respecting the contents of the records and books of account, the manner in which they must be kept and the time for which they must be kept which, in the case of a former industry member, may not exceed a period of 3 years after the person becomes a former industry member;
  (n) respecting the keeping and operation of trust accounts by industry members;
  (o) requiring industry members and applicants to become industry members to provide information, reports and returns and other information to the Council or the Foundation, and respecting the manner in which and the circumstances under which information, reports and returns are to be provided;
  (p) requiring industry members to acquire, maintain or provide insurance against their liability for errors and omissions in the carrying on of the business of an industry member and respecting the amount and form of insurance and the terms and conditions under which insurance is to be provided, or requiring industry members to participate in an indemnity plan for that purpose;
  (q) authorizing the Council to establish and administer an insurance or indemnity plan for industry members and respecting all matters necessarily related to the establishment and administration of a plan;
  (r) requiring industry members to acquire, maintain or provide a bond or other form of security and respecting the amount and form of a bond or other security and the terms and conditions under which a bond or other security is to be provided, or requiring industry members to participate in an indemnity plan for that purpose;
  (s) repealed 2007 c39 s6;
  (t) respecting the forfeiture of security provided under clause (r) and the payment of claims against the security;
  (u) repealed 2007 c39 s6;
  (v) subject to regulations under section 84(2)(d), authorizing the Council to charge and collect from industry members fees, levies, premiums and other assessments authorized under this Act or otherwise required by the Council for its operations and for matters under its administration, and respecting the amounts of those fees, levies, premiums and assessments, the manner in which and times at which they must be paid and penalties or interest charges that are payable for late payment;
  (w) repealed 2007 c39 s6;
  (x) respecting the form and contents of statements of admission of conduct for the purposes of section 46 and the circumstances under which the executive director may accept such a statement;
  (y) respecting the form and contents of applications to withdraw from industry membership for the purposes of section 54, and the circumstances under which the Council may approve such an application;
  (z) respecting reviews for the purposes of section 76;
  (aa) exempting persons or classes of persons from the bylaws or the rules.
     
 

RSA 2000 cR‑5 s12;2003 c31 s5;2007 c39 s6

 

Continue with Part 1 Section 13 - Non-Application of Regulations Act

Back to Table of Contents - Real Estate Act

 

home