Real Estate Act

Part 6 - General

Section 84 - Regulations
84(1)

The Lieutenant Governor in Council may make regulations

  (a) exempting persons or classes of persons or transactions in the business of an industry member or classes of such transactions from the application of any of the provisions of this Act;
  (a.1) respecting the circumstances in which this Act as it relates to trading in real estate applies to the persons referred to in section 2(1)(b);
  (a.2) respecting the circumstances in which this Act as it relates to dealing in mortgages applies to the persons referred to in section 2(3)(a), (b) or (c);
  (b) specifying or describing a business or activity for the purposes of section 60.1(c).
(2) The Minister may make regulations
  (a) respecting the nomination of persons from whom members of the Council are to be appointed under section 6(1)(f);
  (a.1) prescribing time periods for the purposes of section 6(7);
  (a.2) prescribing the maximum amount of an administrative penalty for the purposes of section 11(l);
  (a.3) prescribing time periods for the purposes of section 25(1)(b);
  (a.4) prescribing or otherwise describing, for the purposes of section 38.1, the circumstances under which an executive director may refuse to investigate or may discontinue investigating or direct a person appointed under section 38(1) to discontinue investigating a complaint;
  (b) respecting the classes of industry members in respect of whom judgments may be paid from the Fund under section 57(3);
  (c) prescribing, for the purposes of section 57(5), the classes of applicants and industry members who are subject to assessments for the purposes of the Fund;
  (d) respecting the classes of applicants to become industry members and the classes of industry members who are liable for assessments for the purposes of the Fund;
  (e) prescribing the conditions to be met before any judgment or claim is paid from the Fund;
  (f) respecting the payment of compensation from the Fund including, without limitation, regulations respecting the maximum payments that may be paid from the Fund based on any one or more factual circumstances relating to an applicant or an industry member or on any other consideration set out in the regulations;
  (f.1) respecting the investment of funds for the purpose of section 58(1);
  (g) repealed 2005 c17 s4;
  (g.1) prescribing the information and documents to be provided by an applicant under sections 60.2(2) and 60.3(3);
  (h) prescribing the amounts referred to in sections 57(4) and 62(1);
  (i) respecting, for the purposes of section 57(4), additional purposes for which money in the Fund may be used;
  (j) respecting the winding-up of the Fund under section 62, including, without limitation, regulations respecting how the Fund proceeds are to be distributed;
  (k) respecting the appointment of members of the board of governors of the Foundation including, without limitation, the number of members, who is to appoint them, the terms of office of members and the filling of vacancies;
  (l) specifying the classes of industry members to whom sections 25(5) and 69 apply;
  (m) respecting the manner in which and the times at which a bank, loan corporation, trust corporation, credit union or treasury branch must pay interest to the Foundation as required by section 69(2) and (3);
  (n) respecting the circumstances under which and the manner in which the Foundation may be wound up under section 72;
  (n.1) respecting service of documents for the purposes of section 77(2)(c);
  (n.2) respecting an appeal of an order under section 83.2 to the Court;
  (n.3) defining any word or phrase used in this Act but not defined in this Act;
  (o) respecting any other matters that are necessary to carry out this Act.
 

RSA 2000 cR-5 s84;2001 c28 s18;2003 c31 s22;
2005 c17 s4;2007 c39 s48

 

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