Part 1 - Authorizations, Licences and Registrations

Division 3 - Licence Eligibility

Registered Business Office

13(1) A person is not eligible to be licensed as a real estate brokerage, mortgage brokerage, appraiser, or candidate unless the person maintains a registered business office in Alberta or the City of Lloydminster acceptable to the executive director and in accordance with these Rules and the current address of the business office is provided to the executive director.
13(2) The requirement to maintain a registered business office means all of the following conditions have been met:
(a) the office is a location from which the person conducts business;
(b) the person has access to and control over the use of the office premises;
(c)

the office is the location where the records required to be maintained by the person in accordance with the Act and these Rules are kept or made available for the purposes of a review; and

(d) the office location complies with the requirements of the municipality where it is located.
13(3) The registered business office shall be the address of service for the real estate brokerage, mortgage brokerage, appraiser or candidate, and all industry members registered with the brokerage for the purposes of the Act and these Rules.
13(4) A real estate brokerage and mortgage brokerage may maintain more than one office in Alberta if:
(a) the brokerage designates one office as the registered business office;
(b) the broker manages the registered business office; and
(c) each additional office is managed by the broker or his authorized delegate.
 
Jul 1/06

Ineligibility for Licence
14(1) A person is not eligible to be licensed in any class of licence if the person:
(a) has not met the requirements of the Act, these Rules or the Bylaws;
(b) has not met the educational requirements or other requirements, if any, prescribed, adopted or approved by the Council for that category of licence;
(c) has not passed the examination prescribed, adopted or approved by the Council for that class of licence, or been exempted from the examination by the executive director;
(d) has not submitted a completed application to the executive director in the prescribed form together with the required documentation;
(e) has not submitted the required application fees, levies or premiums;
(f) has not provided any additional information required by the executive director for licensing purposes within the time prescribed;
(g) is someone in respect of whom a payment out of the Real Estate Assurance Fund has been made under the Act and the amount has not been repaid;
(h) has failed to pay, or make satisfactory arrangements to pay with the executive director, any outstanding penalties, fines, or costs imposed pursuant to the Act, Rules or Bylaws;
(i) contravened or has failed to comply with any terms or conditions imposed by a hearing panel, appeal panel or the court;
(j) contravened or has failed to comply with any licence terms, conditions or restrictions previously imposed by the executive director;
(k)

has made an application to withdraw from the industry pursuant to the Act and the application was approved.

(l) is not at least 18 years of age;
(m) is licenced as a broker and is subject to bankruptcy; or,
(n) has failed to obtain appropriate insurance as required by the Act, Regulations, Rules or Bylaws.
14(2) A person whose licence has been suspended or cancelled in one class is not eligible to be licensed in any other class until the suspension or cancellation period has expired.
14 (3) When a person’s licence has been cancelled under the Act and that person applies for a new licence, that person is not eligible to be issued a new licence until 36 months have elapsed from the date of the cancellation, or such lesser or greater time as may be determined by a hearing or appeal panel or the court.
14(4) Subject to section 18(4), a person is not eligible to be licensed as a candidate or appraiser if that person is not a member in good standing of an appraiser association.
 
Jul 1/06, Nov/10, 2010-7

Bankruptcy
15 The bankruptcy of a person does not relieve the person from the requirements of section 14.
 
Jul 1/06

 

Continue with Part 1 Division 4 - Licence Requirements for Individuals

Back to Table of Contents - Real Estate Act Rules

 

home