Real Estate Act

Part 3 - Conduct Proceedings

Section 42 - Rules re Hearing
42(1)

The following applies in respect of a hearing:

  (a) the Hearing Panel shall receive evidence that is relevant to the matter being heard, and the industry member who is the subject of the hearing shall
    (i) be given a reasonable opportunity to provide relevant evidence,
    (ii) be informed of the facts before the Hearing Panel or the allegations made to it respecting the conduct of that person in sufficient detail
      (A) to permit a reasonable understanding of the facts or allegations, and
      (B) to afford a reasonable opportunity to provide relevant evidence to contradict or explain the facts or allegations,
    and  
    (iii) be provided with copies of all documents, records or other evidence that were considered at the investigation and that relate to the same conduct that is or is to be the subject‑matter of the hearing before the Hearing Panel;
  (b) an industry member whose conduct is the subject‑matter of the hearing and who satisfies the Hearing Panel that any evidence given before the Hearing Panel may adversely affect that industry member’s interests shall be given an opportunity during the hearing to give evidence on the matter and to call and examine or cross‑examine witnesses personally or by legal counsel in respect of the matter;
  (c) the Hearing Panel has the same power as is vested in the Court of Queen’s Bench for the trial of civil actions
    (i) to summon and enforce the attendance of witnesses,
    (ii) to compel witnesses to give evidence on oath or otherwise, and
    (iii) to compel witnesses to produce books, records, documents and things;
  (d) the industry member whose conduct is the subject‑matter of the hearing is a compellable witness at the hearing;
  (e) a witness may be examined under oath on anything relevant to the subject‑matter of the hearing and is not to be excused from answering any question on the ground that the answer might tend to
    (i) incriminate that person,
    (ii) subject that person to punishment under this Act, or
    (iii) establish that person’s liability
      (A) to a civil proceeding at the instance of the Crown or of any other person, or
      (B) to prosecution under any Act,
      but if the answer so given tends to incriminate that person, subject that person to punishment or establish that person’s liability, it may not be used or received against that person in any civil proceedings, in a prosecution of an offence under this Act or in any proceedings under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence;
  (f) proceedings for civil contempt of court may be brought against a witness
    (i) who fails to attend before the Hearing Panel in compliance with a notice to attend or to produce books, records, documents or things in compliance with a notice to produce them, or
    (ii) who refuses to be sworn or to answer any question that the witness is directed to answer by the Hearing Panel;
  (g) a person appearing at a hearing may be represented by legal counsel;
  (h) the laws of evidence applicable to judicial proceedings do not apply;
  (i) all oral evidence received must be taken down in writing or recorded by electronic means;
  (j) all evidence taken down in writing or recorded by electronic means, all written submissions and all documentary evidence and things received in evidence form the record of the hearing;
  (k) the provisions of the Alberta Rules of Court relating to the payment of allowances or witness fees apply.
 

RSA 2000 cR-5 s42;2007 c39 s22; 2009 c53 s157

 

Continue with Part 3 Section 43 - Decision of Hearing Panel

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