Alberta real estate licensing act

On completion of an investigation or on receipt of a report under section 38 5 , as the case may be, the registrar shall. The registrar shall cause notice of a decision under subsection 1 to be served on the licensee and the complainant, if any.

On an appeal under subsection 1 , the Hearing Panel shall determine whether. If the Hearing Panel determines that a complaint is frivolous or vexatious, it may by notice in writing order the complainant to pay to the Council the costs of conducting the investigation and of the appeal determined in accordance with the bylaws.

A licensee whose licence is suspended by an Industry Council under section 38 4. A licensee who receives a letter of reprimand from the registrar under section 39 1 b i.

On receipt of a notice under subsection 1 or 2 , the Board shall refer the matter to a Hearing Panel. A hearing under subsection 1 must be commenced within 60 days after the date on which the matter is referred to the Hearing Panel or the Hearing Panel makes its decision under section 40, or within any other period prescribed by the Board.

At least 15 days before the date set for a hearing, the Board shall serve on the licensee and any other person who in the opinion of the Hearing Panel is directly affected by the subject-matter of the hearing a notice of the hearing stating the date, time and place at which the Hearing Panel will hold the hearing and giving reasonable particulars of the matter in respect of which the hearing will be held.

A Hearing Panel may, on proof of service of the notice of hearing on the licensee under section 41 3 ,. If a Hearing Panel finds that the conduct of a licensee was conduct deserving of sanction, the Hearing Panel may make any one or more of the following orders:. The Hearing Panel may, in addition to or instead of dealing with the conduct of a licensee under subsection 1 , order the licensee to pay all or part of the costs associated with the investigation and hearing determined in accordance with the bylaws.

In the case of a hearing in respect of an appeal under section The Hearing Panel shall forward the decision of the Hearing Panel to the Board, the relevant Industry Council, the registrar, the licensee and the complainant, if any. The Hearing Panel shall forward the record of the hearing to the Board.

If a Hearing Panel has commenced proceedings in respect of the conduct of a licensee and is satisfied that the circumstances of the conduct do not justify the continuation of its proceedings respecting that conduct, the Hearing Panel may discontinue its proceedings in respect of that conduct, setting out its reasons for its decision.

If the proceedings discontinued under subsection 1 in respect of any conduct were commenced as a result of a complaint, the registrar shall notify the complainant of the discontinuance and shall give the complainant a copy of the decision of the Hearing Panel. If proceedings are discontinued under subsection 1 , no new or further proceedings shall be taken under this Part in respect of the same conduct that was the subject-matter of the discontinued proceedings without the approval of the relevant Industry Council.

A statement of admission of conduct may not be acted on unless it is in a form acceptable to the Board and meets any additional requirements set out in the bylaws. If a statement of admission of conduct is accepted, the Board shall immediately refer the matter to a Hearing Panel, and in that case the Hearing Panel shall deal with the matter as if it had been referred to it under section 39 1 b.

If a statement of admission of conduct is accepted, each admission of conduct in the statement in respect of any act or matter regarding the licensee's conduct is deemed for all purposes to be a finding of the Hearing Panel that the conduct of the licensee is conduct deserving of sanction.

A licensee in respect of whom a Hearing Panel has made a finding or order under section 43 or the registrar may appeal the finding or order to an Appeal Panel. The registrar may commence an appeal under subsection 1 only if the registrar determines that it is in the best interests of the public to do so. An appeal under subsection 1 must be commenced by a written notice of appeal, which must. A notice of appeal by the licensee must be served on the registrar within 30 days after the date on which the decision of the Hearing Panel is served on the licensee.

A notice of appeal by the registrar must be served on the licensee within 30 days after the date on which the decision of the Hearing Panel is served on the licensee. The costs of preparing the record of the hearing shall be paid by the appellant. Despite subsection 8 , the Appeal Panel may waive or reduce the payment of all or part of the costs of preparing the record.

A licensee who is appealing a finding or order of a Hearing Panel to an Appeal Panel under this section may, within 7 days of receiving a copy of the Hearing Panel's decision under section 44, by notice served on the Board, apply to the Hearing Panel for a stay of the finding or order until the Appeal Panel renders its decision on the appeal.

On application under subsection 10 and after allowing the registrar to make representations, the Hearing Panel may, if the Hearing Panel considers it appropriate to do so, grant the stay. If the Hearing Panel refuses to grant a stay, the licensee may, within 7 days of receiving a copy of the Hearing Panel's decision under subsection 12 , by notice served on the Board, apply to the Appeal Panel for a stay of the finding or order until the Appeal Panel renders its decision on the appeal.

On application under subsection 13 and after allowing the registrar to make representations, the Appeal Panel may, if the Appeal Panel considers it appropriate to do so, grant the stay. The Appeal Panel shall serve a copy of the Appeal Panel's decision under subsection 14 on the licensee and the registrar.

The Appeal Panel shall serve on the licensee and the registrar a notice of hearing of the appeal stating the date, time and place at which the Appeal Panel will hear the appeal. The Appeal Panel shall commence to hear an appeal within a reasonable period after the date of service of the notice of appeal on the registrar or on the licensee, as the case may be. An Appeal Panel may, on proof of service of the notice of hearing on the licensee under section 49 1 ,.

The appeal to the Appeal Panel shall be founded on the record of the hearing before the Hearing Panel and the decision of the Hearing Panel.

The Appeal Panel shall, within a reasonable time from the date of the conclusion of all proceedings before it, do one or more of the following:. The Appeal Panel may make an award as to the costs of an appeal determined in accordance with the bylaws.

The Appeal Panel may order that its decision remain in effect until the Court makes its decision on an appeal. A licensee who is appealing a decision of an Appeal Panel to the Court under section 52 may, within 7 days of receiving a copy of the Appeal Panel's decision under section 51, apply to the Appeal Panel for a stay of the decision pending the determination of the appeal to the Court under section On application under subsection 7 and after allowing the registrar to make representations, the Appeal Panel may, if the Appeal Panel considers it appropriate to do so, grant the stay.

The Appeal Panel shall serve a copy of the Appeal Panel's decision under subsection 8 on the licensee and registrar. If the Appeal Panel refuses to grant a stay, the licensee may, within 7 days of receiving a copy of the Appeal Panel's decision under subsection 9 , apply to the Court for an order staying the decision of the Appeal Panel pending the determination of the appeal to the Court under section The Appeal Panel shall serve a copy of the Appeal Panel's decision on the licensee and registrar.

A licensee in respect of whom an Appeal Panel has made a decision or the registrar may appeal the decision to the Court. The registrar may commence an appeal under subsection 1 only with the approval of the relevant Industry Council.

An appeal under subsection 1 must be commenced by application, which must describe the decision appealed and state the reasons for the appeal and be filed with the clerk of the Court. If the licensee commences the appeal, the licensee shall serve on the registrar a copy of the application and the supporting documents not less than 15 days before the date set for the hearing.

If the registrar commences the appeal, the registrar shall serve on the licensee a copy of the application and the supporting documents not less than 15 days before the date set for the hearing. The costs of preparing the record of the hearing before the Appeal Panel shall be paid by the appellant. The Court may make any award as to the costs of the appeal that it considers appropriate.

Notwithstanding anything in this Act, the chair of an Industry Council may make an order. The licensee may, by application served on the Industry Council, apply to the Court for an order staying the order of the chair pending the outcome of the proceedings. The Industry Council may approve or reject the application and may make its approval subject to any terms and conditions the Industry Council considers appropriate. Where the Industry Council approves the application, then, subject to any terms and conditions imposed under subsection 2 , all proceedings under this Part in respect of the licensee are discontinued and no proceedings in respect of that conduct may be commenced under this Part.

An Industry Council must reject an application under subsection 1 if, in the opinion of the Industry Council, allegations of fraud or criminal activity have been made against the licensee, and those allegations warrant an investigation.

The Board, an Industry Council or the registrar may publish information respecting. The Board, an Industry Council or the registrar may send a notice of any of the information published under subsection 1. The information that may be published under subsection 1 or contained in a notice under subsection 2 may include personal information about the licensee that is related to the business of the licensee.

A fine ordered under section 43 1 d and costs ordered, awarded or payable under section 40 4 , 43 2 or 2. The purpose of the Fund is to pay, in whole or in part, judgments obtained or claims made against licensees of the classes provided for in the regulations when. The Board may with the prior written approval of the Minister use any or all of the money in the Fund that is in excess of the amount prescribed in the regulations for any other purpose authorized in the regulations.

The Board may from time to time collect money by the levy of assessments on applicants to become licensees and on the classes of licensees provided for in the regulations. The money collected under subsection 5 and any income from the investment of that money shall be credited to the Fund. The Board is deemed to hold in trust all money credited to the Fund and shall immediately deposit that money in a trust account in a bank, loan corporation, trust corporation, credit union or treasury branch in Alberta, separate and apart from any other money of the Board.

The Board shall create separate trust accounts for money to which subsection 3 applies and for money to which subsection 4 applies. Notwithstanding subsections 6 and 7 , the Board may, from the income from the investment of the money in the Fund, pay the administrative costs associated with the Fund. If the income from the investment of the money in the Fund is insufficient to pay the administrative costs associated with the Fund, the Board may.

Subject to the regulations, the Board may invest any part of the Fund not currently required for disposition only in accordance with the Trustee Act. The Board may, in a manner and on terms and conditions it considers advisable, enter into contracts with insurers by which the Fund may be protected in whole or in part against any claim or loss to the Fund, and the costs incurred by the Board under those contracts may be paid from the Fund.

The Board has, and is deemed to have had at all times, an insurable interest in the Fund and in the protection of the Fund against loss, notwithstanding that any loss is the result of the exercise of the discretion of the Board under section 60, RSA cR-5 s58; c28 s18; c9 s16; c39 s32; c10 s A person who commences an action against a licensee that may result in a claim against the Fund shall immediately give notice of the commencement of the action to the Board.

Where the Board is served with a notice under subsection 1 or where the Board otherwise learns of the commencement of such an action, it may, on application to the Court, be added as a party in the action and afterwards may take any steps on behalf of and in the name of the defendant that the defendant could have taken in respect of the action.

The Board may disclose in any pleading by which it is taking steps under this section that it is appearing on behalf of and in the name of the defendant pursuant to this section.

All acts of the Board under subsection 2 are deemed to be the acts of the defendant, and the Board may not be named as a defendant in the action and no judgment may be given against the Board.

The defendant is deemed to have consented to and agreed with any action or steps taken by the Board pursuant to this section and performed by the lawyer acting on instructions from the Board.

Nothing in this section and no steps taken under this section may be construed to the effect that a lawyer acting on the instructions of the Board is actually acting on behalf of the defendant. A person who obtains a judgment against a licensee of a class provided for in the regulations may apply to the Board for compensation from the Fund if the judgment has become final and is not satisfied within 30 days after the date that it became final.

Where an application is made under subsection 1 and no notice of the action was given to the Board under section 59, the Board may, within 30 days after receipt of the application, apply to the Court for an order under subsection 3.

Subject to any order under subsection 3 , the Board shall pay to the applicant under subsection 1 the amount of compensation determined in accordance with the regulations where. When a payment is made from the Fund under this section, the Board has a cause of action in debt for the recovery of the amount paid. RSA cR-5 s60; c31 s17; c17 s2; c39 s34; c10 s Despite sections 60 1 , No payment from the Fund shall be made under section 60 unless an application in writing for compensation from the Fund is received by the Board within one year from the date on which a judgment referred to in section 60 becomes final.

In addition to the application referred to in subsection 1 , an applicant shall provide the Board with the following:. If the applicant is a body corporate, the statutory declaration under subsection 2 e must be made by an officer of the body corporate authorized to make it. A person may apply to the Board for compensation from the Fund in respect of a claim against a licensee of a class provided for in the regulations for losses or damages caused where a licensee fails to disburse or account for money held in trust in accordance with section 25 in respect of a transaction in the business of the licensee.

An application under subsection 1 must be made within one year from the date on which the alleged loss or damages occurred. In addition to the application referred to in subsection 1 , the applicant shall provide the Board with the following:.

If in the opinion of the Board the claim is based on a failure by the licensee to disburse or account for money held in trust in accordance with section 25 in respect of a transaction in the business of the licensee, the Board shall pay to the applicant the amount of compensation determined in accordance with the regulations.

The decision of the Board in respect of compensation under this section is final. When a payment has been made from the Fund under section 60 or The Board may by an action in debt recover from the licensee whose conduct gave rise to a payment from the Fund under section 60 the amounts of any costs and expenses incurred by the Board in connection with audits, reviews, examinations, investigations and hearings relating to claims against the Fund arising from the conduct of the licensee.

If the amount of the Fund at any time falls below the amount prescribed in the regulations, the Board shall immediately advise the Minister. If the amount of the Fund is less than the amount prescribed in the regulations or the Minister considers it in the public interest to do so, the Minister may order that the Fund be wound up in accordance with the regulations.

When the Minister makes an order under subsection 2 , every applicant to be a licensee and every licensee who is subject to the Fund shall provide the Board with a bond subject to any terms and conditions set out in the order. On the winding-up of the Fund, the Fund shall be distributed in accordance with the regulations. The Board shall not transact any business in relation to the Fund unless there are bylaws in force under this section.

The Regulations Act does not apply to bylaws of the Board under this section. The Foundation shall be administered by a board of governors appointed in accordance with the regulations. In addition to its other powers as a corporation, the Foundation may. Notwithstanding anything in the Loan and Trust Corporations Act, the Foundation shall not be considered to be a trust corporation for the purposes of that Act. The sections of the Companies Act referred to in section 4 of that Act do not apply to the Foundation.

The Regulations Act does not apply to bylaws of the Foundation. The Foundation shall maintain an account for the fund in a bank, loan corporation, trust corporation, credit union or treasury branch, to be called the "real estate foundation account". The Foundation may pay out of the fund the reasonable costs of the administration of the fund and of carrying out the purposes of the Foundation. Any money that is not immediately required for the purposes of the Foundation may be invested in the name of the Foundation in any manner in which trustees are authorized to invest trust funds, if the investments are in all other respects reasonable and proper.

A licensee referred to in subsection 1 shall, in accordance with the regulations, instruct the bank, loan corporation, trust corporation, credit union or treasury branch to pay the interest credited to the account to the Foundation.

A bank, loan corporation, trust corporation, credit union or treasury branch that receives an instruction under subsection 2 shall pay the interest to the Foundation in accordance with the regulations. The accounts of the Foundation must be audited annually by a professional accounting firm registered under the Chartered Professional Accountants Act and authorized to perform an audit engagement.

In the event of the winding-up of the Foundation, the property of the Foundation must be used. A governor, officer or employee of the Foundation is not liable for anything done or omitted to be done in good faith in carrying out powers, duties and functions under this Act and the regulations.

A person against whom an order is made under subsection 1 shall comply with it in accordance with its terms. A person against whom an order is made under subsection 1 may appeal the order to the Board in accordance with the bylaws.

The registrar or a person authorized by the registrar for the purpose may conduct periodic inspections of the business of a licensee, and for that purpose.

A person who has the custody, possession or control of the things referred to in subsection 1 shall produce and permit the inspection and copying of them by the registrar or the person authorized by the registrar. If subsection 1 applies, the registrar may do one or more of the following:.

Where under subsection 2 a the registrar directs a person to hold funds or securities, the registrar may send to those persons whom the registrar is readily able to identify as having an interest in those funds or securities a notice stating that the funds or securities are being held.

Where under subsection 2 b the registrar directs a person to pay funds or securities into or deposit funds or securities with the Court, the registrar shall send to those persons whom the registrar is readily able to identify as having an interest in those funds or securities a notice stating that. An application under subsection 4 b must be served on the licensee. The Minister may, whenever the Minister considers it necessary, review or appoint a person to review. The Minister may direct that the cost of a review is to be paid by the Council or the Foundation, as the case may be.

The Minister or other person conducting the review under subsection 1. When required to do so by the Minister or other person conducting a review, a person referred to in subsection 2 a shall produce for review all books and records that are in that person's possession or under that person's control that are relevant to the subject-matter of the review.

A person, other than the Minister, who conducts a review shall forthwith on the conclusion of the review report in writing to the Minister. On conducting a review or receiving a report under subsection 4 , the Minister may, by order, do all or any of the following:. If the Minister is of the opinion that it is in the public interest to do so, the Minister may, by order, do anything that may be done by an order under subsection 5 a without conducting a review or receiving a report under subsection 4.

If an order under subsection 5 a or 5. If the Minister dismisses the Board, an Industry Council or the board of governors of the Foundation, the Minister may in the same or a subsequent order do either or both of the following:. An order under subsection 7 a may provide for the payment of remuneration and expenses to the official administrator and may provide that the remuneration and expenses are the responsibility of the Council or the Foundation, as the case may be.

An official administrator has all the powers, duties, and functions, and is subject to all the obligations of the Board, the Industry Council or the Foundation, as the case may be, under this Act.

An official administrator appointed under subsection 7 a , or a comptroller appointed under subsection 5 b or 6 , may be appointed for a term of up to one year, which may be renewed for further terms of up to one year each. An order or direction under subsection 5 , 6 or 7 takes effect on the service of a copy of the order or direction on the person to whom it is directed. No action or other legal proceeding for damages lies or may be commenced or maintained against the Government of Alberta, the Council, the Board or another person as a result of a Board member, Industry Council member, member of the board of governors of the Foundation or any member, officer or employee of the Council or Foundation being dismissed or ceasing to hold office as a result of this section.

On the coming into force of this section, despite section 6, all members of the current Council are dismissed and cease to hold office. The Minister may, by order, appoint one or more persons as an official administrator for a term of up to one year, which may be renewed for further terms of up to one year each.

An order under subsection 3 may provide for the payment of remuneration and expenses to the official administrator and may provide that the remuneration and expenses are the responsibility of and shall be borne by the Council. An official administrator appointed under this section has all the powers, duties and functions of the Council. No action or other legal proceeding for damages lies or may be commenced or maintained against the Government of Alberta, the Council or another person as a result of a Council member being dismissed and ceasing to hold office as a result of this section.

If the entire Board is dismissed under section 76 5 or 6 , the Minister may, by order, establish rules or procedures relating to the appointment of a new Board, including respecting. The Minister may exercise the powers granted by subsection 1 in relation to the appointment of a Board in the place of the Council that was dismissed under section Despite section 6 1 b , 7 and 8 , if an Industry Council fails to appoint a member within the time prescribed by the Minister under subsection 1 a , the Minister may, by order, appoint the member or members, as the case may be, and the member or members shall be considered to have been appointed by the Industry Council.

Despite section 6 2 , 5 and 7 , in the case of the entire Board being dismissed under section 76 5 or 6 , the Minister shall, by order, determine the term of office of the members appointed to fill the vacancy.

If an entire Industry Council is dismissed under section 76 5 or 6 , the Minister may, by order, establish rules or procedures relating to the appointment or election of new Industry Council members, including respecting.

Despite section 7. If the entire board of governors of the Foundation is dismissed under section 76 5 or 6 , the Minister may, by order, establish rules or procedures relating to the appointment of a new board of governors, including respecting. Rules or procedures established under subsection 1 , 5 or 8 apply despite any contrary rules or procedures in this Act, the regulations or the bylaws. Rules or procedures established under subsection 1 , 5 or 8 cease to apply when the new members of the Board, Industry Council or board of governors of the Foundation, as the case may be, have all taken office and the powers, duties and functions of an official administrator cease.

The Regulations Act does not apply to an order made under section Despite section 36 and the bylaws, if an entire Board is dismissed, an official administrator may appoint a Hearing Panel or an Appeal Panel, and, subject to an order under section Subject to this section, a Hearing Panel or Appeal Panel appointed by an official administrator under this section is subject to the Act as if it had been appointed in accordance with the bylaws.

A person who was a member of the Hearing Panel that dealt with a subject-matter is not eligible to sit on the Appeal Panel that deals with the same subject-matter. In the event that, on the coming into force of this section, a Hearing Panel or an Appeal Panel has been established under section 36, that Panel shall cease to exist and an official administrator shall establish a new Hearing Panel or Appeal Panel to proceed with the matter as if the Hearing Panel or Appeal Panel established prior to the coming into force of this section had not been established.

The Minister may make policies that must be followed by the Council, the Board, an Industry Council, the Foundation or an officer or employee of the Council, the Board, an Industry Council or the Foundation in carrying out their powers and duties under this Act.

The Regulations Act does not apply to policies made under subsection 1. In this section, "telecopier" means a machine or device that electronically transmits a copy of a document, picture or other printed material by means of a telecommunication system. Service of any document required to be sent, communicated, given or served under this Act, the rules or the bylaws may be effected.

Service under subsection 2 a iii or b iii is effected if the sender requests receipt to be acknowledged and the recipient acknowledges receipt. RSA cR-5 s77; c31 s20; c39 s45; c53 s; c10 s No action or other proceeding for damages may be commenced against the Minister, an official administrator appointed under section 76 7 a or The Board may on application extend the time within which anything is required to be done by any person under this Act, the regulations, the bylaws or a direction or decision of the Board, the registrar, the executive director or a Panel under this Act.

The relevant Industry Council may on application extend the time within which anything is required to be done by any person under a rule made by the Industry Council. A person who contravenes section 10 2 , 17, A person who fails to comply with an order issued under section Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, acquiesced in, assented to or participated in the commission of the offence is guilty of the offence and is liable to the penalty under subsection 1 , whether or not the corporation has been prosecuted for or convicted of the offence.

A person who is convicted of an offence under section 17, 18, 20, 24 or 25 shall, in addition to any fine or penalty payable under this section or section 83, return all commissions and other remuneration received by that person in respect of the activity that constituted the offence.

A prosecution under this Act may be commenced within 3 years after the date on which the offence is alleged to have been committed, but not after that date. When, in an investigation, hearing, appeal or prosecution under this Act, a person pleads that at the time of the conduct at issue the person was lawfully licensed by an Industry Council to act as a licensee, the burden of proving that is on that person.

Where the registrar is of the opinion that a person has contravened a provision of. A person who pays an administrative penalty in respect of a contravention may not be charged under this Act with an offence in respect of that contravention. Where a person fails to pay an administrative penalty in accordance with a notice under subsection 1 , the Council may recover the amount owing in respect of the penalty in an action in debt.

A person to whom a notice to pay an administrative penalty is given under section 83 1 may, within 30 days after receipt of the notice, by notice of appeal in writing to the Board, appeal the decision to a Hearing Panel.

On receipt of a notice of appeal and security for costs, the Board shall refer the matter to a Hearing Panel, which shall hold a hearing. Sections 41, The Hearing Panel shall serve a copy of the Hearing Panel's decision on the appellant and the registrar.

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