Trust in Real Estate Services Act, 2002

Bills that amended this Act0

No published amendment links yet for this Act.

Sections165

• [s0]

  Part I interpretation

• 1.
• PART I INTERPRETATION
• 1Interpretation

  1 (1) In this Act, “administrative authority” means the administrative authority as designated under section 3 of the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this Act; (“organisme d’application”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2020, c. 1, s. 2 (1)) “administrative penalty” means an administrative penalty imposed under section 43.2 or, if an order under that section is confirmed or varied under section 43.3, the administrative penalty as confirmed or varied under section 43.3; (“pénalité administrative”) “assessor” means an assessor appointed under subsection 43.1 (2) who is authorized to impose an administrative penalty or the registrar acting as an assessor; (“évaluateur”) “broker” means an individual who has the prescri…

• PART II OFFICERS
• [s2]

  Part II Officers

• 2.
• 2012
• 2020
• 2Director

  2 (1) Subject to subsection (2), a director shall be appointed for the purposes of this Act and a maximum of two deputy directors may be appointed, (a) by the board of the administrative authority; or (b) by the Minister if there is no designated administrative authority. 2002, c. 30, Sched. C, s. 2 (1). Director cannot be registrar (2) A person appointed as the registrar or a deputy registrar under subsection 3 (1) shall not be appointed as the director or a deputy director under subsection (1). 2002, c. 30, Sched. C, s. 2 (2). Deputy director, duties (3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence. 2002, c. 30, Sched. C, s. 2 (3). Deputy director (4) If more than one deputy director is appointed, only one deputy director may act as the director under subsection (3) at any one time. 2002, c. 30, Sched. C, s.…

• 3.
• 3Registrar

  3 (1) Subject to subsection (2), a registrar shall be appointed for the purposes of this Act and a maximum of two deputy registrars may be appointed, (a) by the board of the administrative authority; or (b) by the deputy minister to the Minister if there is no designated administrative authority. 2002, c. 30, Sched. C, s. 3 (1). Registrar cannot be director (2) A person appointed as the director or a deputy director under subsection 2 (1) shall not be appointed as the registrar or a deputy registrar under subsection (1). 2002, c. 30, Sched. C, s. 3 (2). Deputy registrar, duties (3) A deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar’s absence. 2020, c. 1, s. 3. Deputy registrar (4) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time…

• PART III PROHIBITIONS RE: PRACTICE
• [s5]

  PART III Prohibitions re: Practice

• 4.
• 4Prohibition against trade in real estate unless registered

  4 (1) No person shall, (a) trade in real estate as a brokerage unless the person is registered as a brokerage; (b) trade in real estate as a broker unless he or she is registered as a broker of a brokerage; (c) trade in real estate as a salesperson unless he or she is registered as a salesperson of a brokerage; or (d) trade in real estate unless registered under this Act. 2002, c. 30, Sched. C, s. 4 (1). Unregistered persons (2) A person who is not registered as a brokerage, broker or salesperson shall not, (a) directly or indirectly hold himself, herself or itself out as being a brokerage, broker or salesperson, respectively; or (b) perform any of the functions of a brokerage, broker or salesperson as provided in this Act. 2002, c. 30, Sched. C, s. 4 (2). Change in partnership (3) A change in the membership of a partnership shall be deemed to create a new partnership for the purpose of …

• 5.
• 5Exemptions

  5 (1) Subject to such conditions as may be prescribed, despite section 4, registration shall not be required in respect of any trade in real estate by, (a) an assignee, custodian, liquidator, receiver, trustee or other person acting under the Bankruptcy and Insolvency Act (Canada), the Corporations Act, the Business Corporations Act, the Courts of Justice Act, the Not-for-Profit Corporations Act, 2010, the Winding-up and Restructuring Act (Canada), or a person acting under the order of any court, or an executor or trustee selling under the terms of a will, marriage settlement or deed of trust; (b) an auctioneer if the trade is made in the course of and as part of the auctioneer’s duties as auctioneer; (c) a person who is registered under the Securities Act if the trade is made in the course of and as part of the person’s business in connection with a trade in securities; (d) a financial …

• 6.
• 6Notification of registration required

  6 Subject to subsection 14 (8), no brokerage, broker or salesperson shall trade in real estate until notified in writing by the registrar that the brokerage, broker or salesperson, as the case may be, is registered. 2002, c. 30, Sched. C, s. 6 .

• 7.
• 7Prohibition against multiple offices unless registered

  7 (1) No brokerage shall conduct a business of trading in real estate from more than one place to which the public is invited unless the brokerage is registered in respect of each place, one of which shall be designated as the main office and the remainder as branch offices. 2002, c. 30, Sched. C, s. 7 (1). Branch offices (2) Every branch office of a brokerage shall be under the supervision of a broker and each such office having more than one salesperson shall be under the direct management of a broker or of a salesperson who has been registered for at least two years and who is under the supervision of a broker. 2002, c. 30, Sched. C, s. 7 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (2) of the Act is repealed and the following substituted: (See: 2020, c. 1, s. 5) Branch offices (2) Every branch office of a brokerage shall be under the superv…

• 8.
• 8Repealed

  8 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2012. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 1, s. 6)

• 9.
• 8 #11Specialist certification

  8 No registrant shall hold himself, herself or itself out as a specialist in trading in any type of real estate unless, (a) the trading in that type of real estate is an area of specialization established under the regulations; (b) the registrant has obtained such education and satisfied such other criteria as may be required under the regulations in order to be certified in that area of specialization; and (c) the registrant is certified, in accordance with the process established in respect of that area of specialization and that type of registrant under the regulations, as a specialist in trading in that area of specialization. 2020, c. 1, s. 6. Section Amendments with date in force (d/m/y) 2002, c. 30, Sched. C, s. 8 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012 2020, c. 1, s. 6 - not in force

• PART IV REGISTRATION
• [s12]
• 10. (
• 9Registration a requirement to bring action

  9 No action shall be brought for remuneration for services in connection with a trade in real estate unless at the time of rendering the services the person bringing the action was registered or exempt from registration under this Act and the court may stay any such action upon motion. 2002, c. 30, Sched. C, s. 9; 2020, c. 1, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 7 - 01/10/2020

• [s13]

  Part IV Registration

• 10.
• 11.
• 12.
• 9.1Registration prohibited

  9.1 (1) If an applicant for registration or renewal of registration does not meet the prescribed requirements, the registrar shall refuse to grant or renew the registration. 2004, c. 19, s. 18 (3). Non-application (2) Section 14 does not apply to a refusal under subsection (1) to grant or renew a registration. 2004, c. 19, s. 18 (3). Notice of refusal (3) The registrar shall give the applicant written notice of a refusal under subsection (1), setting out the reasons for the refusal and subsection 45 (3) does not apply to the notice. 2004, c. 19, s. 18 (3). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 18 (3) - 31/06/2006

• 10Registration

  10 (1) An applicant is entitled to registration or renewal of registration by the registrar if, in the registrar’s opinion, (a) the applicant is not a corporation and, (i) having regard to the past and present financial position of the applicant and of all interested persons in respect of the applicant, the applicant can reasonably be expected to be financially responsible in the conduct of business, (ii) the past and present conduct of the applicant and of all interested persons in respect of the applicant affords reasonable grounds for belief that the applicant will carry on business in accordance with law and with integrity and honesty, and (iii) neither the applicant nor an employee or agent of the applicant has made any false statement in an application for registration or for renewal of registration; (b) the applicant is a corporation and, (i) having regard to its past and present …

• 13.
• 11Registration of corporation

  11 (1) When it registers and on each renewal of its registration, a brokerage that is a corporation shall disclose to the registrar the identity of, (a) each person that beneficially owns or controls 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be; and (b) persons that are associated with each other and that together beneficially own or control 10 per cent or more of the equity shares issued and outstanding at the time of the registration or the renewal of registration, as the case may be. 2004, c. 19, s. 18 (9). Calculating number of shares (2) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purposes of this section, the total number shall be calculated as the total number of all shares beneficially owned or controlled, but each …

• 14.
• 12Broker of record

  12 (1) Every brokerage shall, (a) designate a broker who is employed by the brokerage as the broker of record and notify the registrar of his or her identity; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 12 (1) (a) of the Act is repealed and the following substituted: (See: 2020, c. 1, s. 9 (1)) (a) designate a broker who is employed by the brokerage and meets any prescribed requirements as the broker of record and notify the registrar of the broker’s identity; and (b) notify the registrar if the broker of record changes, within five days of the change. 2002, c. 30, Sched. C, s. 12 (1). Duties (2) The broker of record shall ensure that the brokerage complies with this Act and the regulations. 2002, c. 30, Sched. C, s. 12 (2). Sole proprietor (3) If a brokerage is a sole proprietorship, it shall designate the sole proprietor as the broker of record eve…

• 15.
• 13Refusal to register, etc.

  13 (1) Subject to section 14, the registrar may refuse to register an applicant or may suspend or revoke a registration or refuse to renew a registration if, in his or her opinion, the applicant or registrant is not entitled to registration under section 10. 2004, c. 19, s. 18 (10). Conditions (2) Subject to section 14, the registrar may, (a) approve the registration or renewal of a registration on such conditions as he or she considers appropriate; and (b) at any time apply to a registration such conditions as he or she considers appropriate. 2002, c. 30, Sched. C, s. 13 (2). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 18 (10) - 31/06/2006

• 16.
• 14Notice re: refusal, suspension, etc.

  14 (1) The registrar shall notify an applicant or registrant in writing if he or she proposes to, (a) refuse under subsection 13 (1) to grant or renew a registration; (b) suspend or revoke a registration; or (c) apply conditions to a registration or renewal to which the applicant or registrant has not consented. 2002, c. 30, Sched. C, s. 14 (1); 2004, c. 19, s. 18 (11). Content of notice (2) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal. 2002, c. 30, Sched. C, s. 14 (2). Service (3) The notice of proposal shall be served on the applicant or registrant in accordance with section 45. 2002, c. 30, Sched. C, s. 14 (3…

• 17.
• 15Immediate suspension

  15 (1) If the registrar proposes to suspend or revoke a registration under section 14 and if the registrar considers it in the public interest to do so, the registrar may by order temporarily suspend the registration. 2002, c. 30, Sched. C, s. 15 (1). Immediate effect (2) An order under subsection (1) takes effect immediately. 2002, c. 30, Sched. C, s. 15 (2). Expiry of order (3) If a hearing is requested under section 14, the order expires 15 days after the written request for a hearing is received by the Tribunal but the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period. 2020, c. 1, s. 10. Same (4) Despite subsection (3), if it is satisfied that the conduct of the registrant has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order, (a) until the hearing comme…

• 18.
• 16Requirements for hearing request

  16 (1) A request for a hearing under section 14 is sufficiently served if delivered personally or sent by registered mail to the registrar and to the Tribunal. 2002, c. 30, Sched. C, s. 16 (1). Same (2) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing. 2002, c. 30, Sched. C, s. 16 (2). Other methods (3) Despite subsection (1), the Tribunal may order any other method of service. 2002, c. 30, Sched. C, s. 16 (3).

• PART V COMPLAINTS, INSPECTION AND DISCIPLINE
• 16.1Suspension without a hearing

  16.1 (1) If a registrant does not pay any amounts that the registrant is required to pay with respect to insurance, the registrar shall suspend the registration of the registrant effective as of the date at which the term of the insurance related to the payment begins. 2006, c. 34, s. 21 (2). No hearing (2) Section 14 does not apply to a suspension of registration under subsection (1). 2006, c. 34, s. 21 (2). Notice of suspension (3) The registrar shall give written notice to the registrant, that sets out, (a) the fact that the registrar has suspended the registration; (b) the reason for the suspension; (c) the date as of which the suspension took effect; (d) the fact that the registrant is not entitled to request a hearing under section 14 with respect to the suspension; and (e) the registrant’s right of revival of the registration under subsection (4). 2006, c. 34, s. 21 (2). Revival (…

• 19.
• [s23]
• 17Further application

  17 A person whose registration is refused, revoked or refused renewal may reapply for registration only if, (a) the time prescribed to reapply has passed since the refusal, revocation or refusal to renew; and (b) new or other evidence is available or it is clear that material circumstances have changed. 2002, c. 30, Sched. C, s. 17.

• 20.
• [s24]
• 18Notice of issue or transfer of shares

  18 (1) In addition to the disclosure required under section 11, every brokerage that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in, (a) any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or (b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or tran…

• 21.
• [s25]

  PART V Complaints and Discipline

• 22.
• 19Complaints

  19 (1) The registrar may, (a) receive complaints concerning conduct that may be in contravention of this Act or the regulations; (b) make written requests to registrants for information regarding complaints; and (c) attempt to mediate or resolve complaints, as appropriate, concerning any conduct that comes to the registrar’s attention that may be in contravention of this Act or the regulations. 2020, c. 1, s. 12. Request for information (2) A request under clause (1) (b) shall indicate the nature of the complaint. 2020, c. 1, s. 12. Duty to comply (3) A registrant who receives a written request under clause (1) (b) shall provide the requested information to the registrar. 2020, c. 1, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 12 - 01/12/2023

• 23.
• 19 #27Complaints
• 20Registrar’s powers

  20 If the registrar is of the opinion, whether as a result of a complaint or otherwise, that a registrant has contravened any provision of this Act or the regulations, the registrar may do any of the following, as the registrar considers appropriate: 1. Give the registrant a written warning, stating that if the registrant continues with the activity that led to the alleged contravention, action may be taken against the registrant. 2. Require the broker or salesperson to obtain additional education. 3. Refer the matter, in whole or in part, to the discipline committee. 4. Take an action under section 13, subject to section 14. 5. Take further action in accordance with this Act. 2020, c. 1, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 34, s. 21 (3) - 01/04/2007 2020, c. 1, s. 12 - 01/12/2023

• 24.
• 21Discipline proceedings

  21 (1) The discipline committee established under this Act is continued for the purposes of hearing and determining, in accordance with the prescribed procedures, whether a registrant has contravened any provision of this Act or the regulations. 2020, c. 1, s. 12. Appointment of members (2) The board of the administrative authority or, if there is no designated administrative authority, the Minister, shall appoint the members of the discipline committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of the committee are met. 2020, c. 1, s. 12. Result of determination (3) If the discipline committee makes a determination under subsection (1) that a registrant has contravened a provision of this Act or the regulations, it may, by order, do any of the following, as the committee considers appropriate: 1. Require the broker or salesperson t…

• 23. #28
• 25.
• [s29]

  Part V.1 Inspections and Investigations Inspectors

• 20 #29Registrar’s powers
• PART VI CONDUCT AND OFFENCES
• 21.1Registrar is inspector

  21.1 (1) The registrar is, by virtue of the registrar’s office, an inspector. 2020, c. 1, s. 13. Appointment of inspectors (2) The registrar shall appoint persons to be inspectors for the purposes of conducting inspections under this Act. 2020, c. 1, s. 13. Certificate of appointment (3) The registrar shall issue to every appointed inspector a certificate of appointment bearing the registrar’s signature or a facsimile of it. 2020, c. 1, s. 13. Proof of appointment (4) Every appointed inspector who is conducting an inspection under this Act shall, upon request, produce the certificate of appointment as an inspector. 2020, c. 1, s. 13. Powers and duties (5) An inspector shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed. 2020, c. 1, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 13 - 01/12/2023

• 23.1 #30
• 26.
• 21 #31Discipline proceedings
• 21.2Inspections

  21.2 (1) An inspector may, without a warrant or court order, conduct inspections for the purpose of, (a) ensuring compliance with this Act and the regulations; or (b) ensuring a registrant remains entitled to registration. 2020, c. 1, s. 13. Power to enter premises (2) As part of an inspection, an inspector may, without a warrant or court order, enter and inspect, at any reasonable time, the business premises of a registrant, other than any part of the premises used as a dwelling. 2020, c. 1, s. 13. Expert help (3) An inspector conducting an inspection may be accompanied by one or more persons with special, expert or professional knowledge, and any other persons as necessary, as the inspector considers advisable. 2020, c. 1, s. 13. Powers on inspection (4) An inspector conducting an inspection may, (a) examine records or anything else that is relevant to the inspection; (b) demand the pr…

• 24. #31
• 27.
• [s32]
• 22Appointment of investigators

  22 (1) The director may appoint persons to be investigators for the purposes of conducting investigations. 2002, c. 30, Sched. C, s. 22 (1). Certificate of appointment (2) The director shall issue to every investigator a certificate of appointment bearing his or her signature or a facsimile of the signature. 2002, c. 30, Sched. C, s. 22 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation, including under section 23, shall, upon request, produce the certificate of appointment as an investigator. 2006, c. 34, s. 21 (4). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 21 (4) - 01/04/2007

• 28.
• [s33]
• 23Search warrant

  23 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for registration, or (ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for registration that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2004, c. 19, s. 18 (15); 20…

• 29.
• [s34]
• 23.1Seizure of things not specified

  23.1 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations. 2006, c. 34, s. 21 (10). Section Amendments with date in force (d/m/y) 2004, c. 19, c. 18 (15) - 31/06/2006 2006, c. 34, s. 21 (10) - 01/04/2007

• 30.
• 24Searches in exigent circumstances

  24 (1) An investigator may exercise any of the powers described in subsection 23 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. 2004, c. 19, s. 18 (16). Dwellings (2) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling. 2004, c. 19, s. 18 (16). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2004, c. 19, s. 18 (16). Applicability of s. 23 (4) Subsections 23 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section. 2004, c. 19, s. 18 (16). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 18 (16) - 31/06/2006

• 31.
• 24.1Report when things seized

  24.1 (1) An investigator who seizes any thing under the authority of section 23, 23.1 or 24 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2020, c. 1, s. 15. Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 23, 23.1 or 24 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 23, 23.1 or 24 of this Act. 2020, c. 1, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 15 - 01/10/2020

• 32.
• 25Freeze order

  25 (1) If the conditions in subsection (2) are met, the director may in writing, (a) order any person having on deposit or controlling any assets or trust funds of a registrant or former registrant to hold those funds or assets; (b) order a registrant or former registrant to refrain from withdrawing any asset or trust fund from a person having it on deposit or controlling it; or (c) order a registrant or former registrant to hold any asset or trust fund of a client, self-represented party or other person in trust for the person entitled to it. 2002, c. 30, Sched. C, s. 25 (1); 2006, c. 19, Sched. G, s. 9 (1); 2020, c. 1, s. 16 (1). Conditions (2) The director may make an order under subsection (1) if he or she believes that it is advisable for the protection of the clients of a registrant or former registrant or the protection of self-represented parties dealing with a registrant or form…

• 33.
• 25.1Freeze orders, non-registrants

  25.1 (1) The director may make an order described in subsection (2) in respect of the money or assets of a person who is not registered under this Act and who is alleged to have conducted business for which registration is required under this Act at a time when the person was not registered to do so if, (a) the director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not registered under this Act, (i) is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of conducting business for which registration is required under this Act, or (ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in r…

• 34.
• [s39]

  PART VI Conduct and OFFENCES

• 35.
• 26Duty of brokerage

  26 A brokerage shall ensure that every salesperson and broker that the brokerage employs is carrying out their duties in compliance with this Act and the regulations. 2002, c. 30, Sched. C, s. 26.

• 36.
• 27Trust account

  27 (1) Every brokerage shall, (a) maintain in Ontario an account designated as a trust account, in, (i) a bank or authorized foreign bank as defined in section 2 of the Bank Act (Canada); (ii) a loan or trust corporation; or (iii) a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020; (b) deposit into the account all money that comes into the brokerage’s hands in trust for other persons in connection with the brokerage’s business; (c) at all times keep the money separate and apart from money belonging to the brokerage; and (d) disburse the money only in accordance with the terms of the trust. 2004, c. 19, s. 18 (18); 2007, c. 7, Sched. 7, s. 190 (4); 2020, c. 1, s. 18 (1); 2020, c. 36, Sched. 7, s. 334 (3). Disclosure (2) Brokerages shall fully and clearly disclose in writing to a person depositing trust money the terms on which the brokerage deposits th…

• 37.
• [s42]
• 28Notice of changes to registrar

  28 (1) Every registrant shall, within five days after the event, provide notice to the registrar of, (a) any change in the registrant’s address for service; (b) in the case of a corporation or partnership, any change in the officers or directors; (c) any change in the information that was included in a registrant’s application for registration; and (d) any change to such other information as may be prescribed. 2020, c. 1, s. 19. (2) Repealed: 2020, c. 1, s. 19. Timing (3) The registrar shall be deemed to have been notified on the day on which he or she is actually notified or, where the notification is by mail, on the day of mailing. 2002, c. 30, Sched. C, s. 28 (3). Financial statements (4) Every brokerage shall, when required by the registrar, file a financial statement showing the matters specified by the registrar and signed by the broker of record and certified by a person licensed …

• 32. #42
• 38.
• 29Carrying on business as sole proprietor

  29 (1) A brokerage carrying on business alone through an individual broker shall carry on business in the name of the broker and shall not use any description or device that would indicate that the brokerage’s business is being carried on by more than one person or by a corporation. 2002, c. 30, Sched. C, s. 29 (1). Exception (2) Despite subsection (1), a surviving or remaining partner may carry on business in the name of the original partnership if the surviving or remaining partner publishes on all letterhead, circulars and advertisements used in connection with the business the fact that the surviving or remaining partner is the sole proprietor. 2002, c. 30, Sched. C, s. 29 (2).

• 39.
• 30Restrictions re: employees

  30 No brokerage shall, (a) employ another brokerage’s broker or salesperson to trade in real estate or permit such broker or salesperson to act on the brokerage’s behalf; (b) employ an unregistered person to perform a function for which registration is required; or (c) pay any remuneration to a person referred to in clause (a) or (b), except if otherwise provided for in the regulations and in accordance with the regulations. 2002, c. 30, Sched. C, s. 30; 2020, c. 1, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 20 - 01/10/2020

• 40.
• 31Restrictions re: brokers and salespersons

  31 (1) No broker or salesperson shall trade in real estate on behalf of any brokerage other than the brokerage which employs the broker or salesperson. 2002, c. 30, Sched. C, s. 31 (1). Same (2) Except if the regulations provide otherwise and subject to the regulations, no broker or salesperson is entitled to or shall accept any remuneration for trading in real estate from any person except the brokerage which employs the broker or salesperson. 2020, c. 1, s. 21. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 21 - 01/10/2020

• 41.
• 32Acquisition or divestiture by registrant

  32 (1) Unless the registrant first delivers to all other parties to the agreement the notice described in subsection (2) and the other parties have acknowledged in writing receipt of the notice, no registrant shall, directly or indirectly, (a) purchase, lease, exchange or otherwise acquire for himself, herself, or itself, any interest in real estate, or make an offer to do so; or (b) divest himself, herself, or itself of any interest in real estate, or make an offer to do so. 2004, c. 19, s. 18 (21). Contents of notice (2) The notice referred to in subsection (1) shall be in writing and shall include, (a) a statement that the registrant is a brokerage, broker or salesperson, as the case may be; (b) full disclosure of all facts within the registrant’s knowledge that affect or will affect the value of the real estate; and (c) in the case of a transaction described in clause (1) (a), the pa…

• 42.
• 33Prohibition re: breaking contract

  33 (1) No registrant shall attempt to induce or induce any party to an agreement in respect of a trade in real estate to break the agreement for the purpose of entering into another such agreement. 2020, c. 1, s. 22 (1). Date of signing (2) Every salesperson and broker shall make all reasonable efforts to ensure that a person signing an agreement in respect of a trade in real estate sets out the date upon which the signature was affixed. 2002, c. 30, Sched. C, s. 33 (2). Remuneration (3) Unless agreed to in writing by the seller, no brokerage is entitled to claim remuneration from the seller in respect of a trade in real estate if the real estate is, to the knowledge of the brokerage, covered by an unexpired listing agreement with another brokerage. 2002, c. 30, Sched. C, s. 33 (3); 2004, c. 19, s. 18 (22); 2020, c. 1, s. 22 (2). Section Amendments with date in force (d/m/y) 2004, c. 19,…

• 43.
• 34Falsifying information

  34 No registrant shall falsify, assist in falsifying or induce or counsel another person to falsify or assist in falsifying any information or document relating to a trade in real estate. 2002, c. 30, Sched. C, s. 34.

• PART VII GENERAL
• 35Furnishing false information

  35 No registrant shall furnish, assist in furnishing or induce or counsel another person to furnish or assist in furnishing any false or deceptive information or documents relating to a trade in real estate. 2002, c. 30, Sched. C, s. 35.

• 44.
• 35.1Offers to purchase real estate

  35.1 (1) No registrant shall, (a) while acting on behalf of a purchaser, present an offer to purchase real estate except if the offer is in writing; (b) represent to any person that a written offer to purchase real estate exists except if the offer is in writing. 2013, c. 13, Sched. 3, s. 1. Records (2) A brokerage acting on behalf of a seller shall, in accordance with the regulations, retain copies of all written offers that it receives to purchase real estate or copies of all other prescribed documents related to those offers. 2020, c. 1, s. 23 (1). Request for inquiry by registrar (3) A person who has made a written offer to purchase real estate or a registrant acting on behalf of such a person may request that the registrar make an inquiry to determine the number of written offers that the brokerage acting for a seller has received to purchase the real estate. 2013, c. 13, Sched. 3, …

• 45.
• 36Remuneration

  36 (1) All remuneration payable to a brokerage in respect of a trade in real estate shall be an agreed amount or percentage of the sale price or rental price, as the case may be, or a combination of both. 2013, c. 13, Sched. 3, s. 2; 2020, c. 1, s. 24 (1). (1.1) Repealed: 2020, c. 1, s. 24 (2). Percentages (2) If the renumeration payable in respect of a trade in real estate is expressed as a percentage of the sale price or rental price, the percentage does not have to be fixed but may be expressed as a series of percentages that decrease at specified amounts as the sale price or rental price increases. 2002, c. 30, Sched. C, s. 36 (2); 2020, c. 1, s. 24 (3). Prohibition (3) No registrant shall request or enter into an arrangement for the payment of any remuneration based on the difference between the price at which real estate is listed for sale or rental and the actual sale price or ren…

• 46.
• [s52]
• 37False advertising

  37 No registrant shall make false, misleading or deceptive statements in any advertisement, circular, pamphlet or material published by any means relating to trading in real estate. 2002, c. 30, Sched. C, s. 37.

• 47.
• 38Order of registrar re: false advertising

  38 (1) If the registrar believes on reasonable grounds that a registrant is making a false, misleading or deceptive statement in any advertisement, circular, pamphlet or material published by any means, the registrar may, (a) order the cessation of the use of such material; (b) order the registrant to retract the statement or publish a correction of equal prominence to the original publication; or (c) order both a cessation described in clause (a) and a retraction or correction described in clause (b). 2002, c. 30, Sched. C, s. 38 (1). Procedures (2) Section 14 applies with necessary modifications to an order under this section in the same manner as to a proposal by the registrar to refuse a registration. 2002, c. 30, Sched. C, s. 38 (2). Effect (3) The order of the registrar shall take effect immediately, but the Tribunal may grant a stay until the registrar’s order becomes final. 2002,…

• 48.
• [s54]
• 39Restraining orders

  39 (1) If it appears to the director that a person is not complying with this Act or the regulations or an order made under this Act, the director may apply to the Superior Court of Justice for an order directing that person to comply, and, upon the application, the court may make such order as the court thinks fit. 2002, c. 30, Sched. C, s. 39 (1). Same (2) Subsection (1) applies in addition to any other procedures that may be available to the director, whether or not the director has exercised his or her rights under such procedures. 2002, c. 30, Sched. C, s. 39 (2). Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1). 2002, c. 30, Sched. C, s. 39 (3).

• 49.
• 40Offence

  40 (1) A person is guilty of an offence who, (a) furnishes false information in any application under this Act or in any statement or return required under this Act; (b) fails to comply with any order, other than an order made under section 21, direction or other requirement under this Act; or (c) contravenes or fails to comply with any section of this Act or the regulations made under the Act, other than a prescribed code of ethics. 2002, c. 30, Sched. C, s. 40 (1); 2020, c. 1, s. 25. Brokerages (2) An officer or director of a brokerage is guilty of an offence who fails to take reasonable care to prevent the brokerage from committing an offence mentioned in subsection (1). 2002, c. 30, Sched. C, s. 40 (2). Penalties (3) An individual who is convicted of an offence under this Act is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a …

• PART VIII REGULATIONS
• 41Orders for compensation, restitution

  41 (1) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution. 2002, c. 30, Sched. C, s. 41 (1). If insurance has paid (2) If an order is made in a person’s favour under subsection (1) and that person has already received compensation or restitution from an insurer, the person ordered to pay the compensation or make restitution shall deliver the amount to the insurer. 2002, c. 30, Sched. C, s. 41 (2).

• 44. #56
• 50.
• 42Default in payment of fines

  42 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default. 2002, c. 30, Sched. C, s. 42 (1). If payment made (2) Within 10 days after the director has notice that the fine has been paid in full, the director shall inform the consumer reporting agency of the payment. 2002, c. 30, Sched. C, s. 42 (2). Transition (3) If a fine is payable as a result of a conviction under the Real Estate and Business Brokers Act, despite the repeal of that Act, the director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to such a fine in like manner as they apply to a fine payable for a conviction under this Act. 2002, c. 30, Sched. C,…

• 51.
• 43Liens and charges

  43 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the director may by order create a lien against the property of the person who is liable to pay the fine. 2002, c. 30, Sched. C, s. 43 (1). Liens on personal property (2) If the lien created by the director under subsection (1) relates to personal property, (a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the director may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act. 2002, c. 30, Sched. C, s. 43 (2). Liens and charges on…

• [s59]

  Part VI.1 Administrative Penalties

• 43.1Registrar is assessor

  43.1 (1) The registrar is, by virtue of the registrar’s office, an assessor. 2020, c. 1, s. 26. Appointment of assessors (2) The registrar shall appoint in writing persons to be assessors who are authorized to make an order under section 43.2 imposing an administrative penalty. 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26 - not in force

• [s61]
• 43.2Order for administrative penalty

  43.2 (1) An assessor may, by order, impose an administrative penalty against a person in accordance with this section and the regulations if the assessor is satisfied that the person has contravened or is contravening, (a) a prescribed provision of this Act or the regulations; or (b) a condition of registration, if the person is a registrant. 2020, c. 1, s. 26. To whom payable (2) An administrative penalty is payable to the administrative authority or, if there is no designated administrative authority, to the Minister of Finance, and is a debt due to the person to whom it is payable. 2020, c. 1, s. 26. Purpose (3) An administrative penalty may be imposed under this section for one or more of the following purposes: 1. To promote compliance with this Act and the regulations. 2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a p…

• [s62]
• 43.3Appeal

  43.3 (1) In this section, “appeal body” means the prescribed person or, if no person is prescribed, the Tribunal. 2020, c. 1, s. 26. Same (2) The person against whom an order made under subsection 43.2 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order. 2020, c. 1, s. 26. If no appeal (3) If the person does not appeal the order in accordance with subsection (2), the order is confirmed. 2020, c. 1, s. 26. Hearing (4) If the person appeals the order in accordance with subsection (2), the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order and the appeal body may attach conditions to its order. 2020, c. 1, s. 26. Parties (5) The assessor, the appellant and the other persons that the appeal body specifies are parties to t…

• 43.4Effect of paying penalty

  43.4 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. 2020, c. 1, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 26 - not in force

• 43.5Enforcement

  43.5 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 2020, c. 1, s. 26. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2020, c. 1, s. 26. Liens and charges (3) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order or, if the order is varied on appeal, in accordance with the terms of the varied order, the director may, by order, create a lien against the property of the person that …

• [s65]

  PART VII General

• 52.
• 44Confidentiality

  44 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (b.1) as authorized under the Regulatory Modernization Act, 2007; (c) to a prescribed entity or organization, if the purpose of the communication is consumer protection; (d) …

• 53.
• 45Service

  45 (1) Any notice, order or request is sufficiently given or served if it is, (a) delivered personally; (b) sent by registered mail; or (c) sent by another manner if the sender can prove receipt of the notice, order or request. 2002, c. 30, Sched. C, s. 45 (1). Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date. 2002, c. 30, Sched. C, s. 45 (2). Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances. 2002, c. 30, Sched. C, s. 45 (3).

• [s68]
• 46Fees

  46 (1) The Minister may by order establish fees that are payable under this Act in respect of registration, renewal of registration, late filings and other administrative matters. 2002, c. 30, Sched. C, s. 46 (1). Exception (2) Subsection (1) does not apply if there is a designated administrative authority 2002, c. 30, Sched. C, s. 46 (2). Legislation Act, 2006, Part III (3) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006. 2002, c. 30, Sched. C, s. 46 (3); 2006, c. 21, Sched. F, s. 129. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 129 - 25/07/2007 2012, c. 8, Sched. 11, s. 51 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020

• 47Certificate as evidence

  47 (1) For all purposes in any proceeding, a statement purporting to be certified by the director is, without proof of the office or signature of the director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a) the registration or non-registration of any person; (b) the filing or non-filing of any document or material required or permitted to be filed with the registrar; (c) the time when the facts upon which the proceedings are based first came to the knowledge of the director; or (d) any other matter pertaining to registration or non-registration of persons or to filing or non-filing of information. 2002, c. 30, Sched. C, s. 47 (1). Proof of document (2) Any document made under this Act that purports to be signed by the director or a certified copy of the document is admissible in evidence in any proceeding as proof…

• 48Information to be made available to the public

  48 The registrar shall make available to the public, in the prescribed form and manner, (a) the names of registrants and other prescribed persons; and (b) other information, as may be prescribed, in respect of registrants and other prescribed persons. 2020, c. 1, s. 27. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 27 - 01/12/2023

• 48.1Information to the registrar

  48.1 (1) The registrar may, subject to the regulations, request information from registrants or a group of registrants for the purposes of this Act and may specify the form in which the information is to be given and the time within which it must be given. 2020, c. 1, s. 28. Same (2) Without limiting the authority of the registrar to request information from registrants under subsection (1), the registrar may, subject to the regulations, request that a registrant give, (a) any information with respect to a trade in real estate that may be required by the registrar for the purposes of this Act; and (b) information in the form of verification, by affidavit or otherwise, of any information requested. 2020, c. 1, s. 28. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 28 - 01/12/2023

• 48.2Time and form for giving information

  48.2 Every registrant shall give the information that the registrar requests under this Act or that is otherwise required to be given to the registrar under this Act, (a) within the time and in the form specified under this Act or the regulations; or (b) if not specified under this Act or the regulations, within the time and in the form specified by the registrar. 2020, c. 1, s. 29. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 29 - 01/12/2023

• 49Repealed

  49 Repealed: 2020, c. 1, s. 30. Section Amendments with date in force (d/m/y) 2020, c. 1, s. 30 - 01/10/2020

• [s74]

  PART VIII REGULATIONS

• 48 #74Information to be made available to the public
• 50Minister’s regulations

  50 (1) The Minister may make regulations, (a) prescribing a code of ethics for registrants; (b) governing the composition of the discipline committee, and, subject to subsection 21 (2), governing matters relating to the appointment of the members of that committee; (b.1) governing the jurisdiction and procedures of the discipline committee, including prescribing requirements for the purposes of subsection 21 (5), (b.2) respecting the manner in which and the frequency with which decisions of the discipline committee are made available to the public; (b.3) governing administrative penalties that an assessor may order and all matters necessary and incidental to the administration of a system of administrative penalties, including, (i) specifying the amount of an administrative penalty or providing for the determination of the amount of an administrative penalty by specifying the method of c…

• 51Lieutenant Governor in Council regulations

  51 (1) The Lieutenant Governor in Council may make regulations, 1. exempting any person or class of persons or class of trades from any provision of this Act or the regulations and attaching conditions to an exemption; 2. respecting applications for registration or renewal of registration and prescribing conditions of registration; 2.1 prescribing requirements for the purposes of subsections 9.1 (1) and 10 (1); 3. governing education that must be obtained by applicants for registration, applicants for renewal of registration and registrants, including, i. requiring applicants for registration, applicants for renewal of registration and registrants to obtain education, A. specified by the administrative authority, the Minister, the director or the registrar, and B. provided by such organizations as may be designated by the administrative authority, the Minister, the director or the regist…

• 52

  52 Omitted (provides for coming into force of provisions of this Act). 2002, c. 30, Sched. C, s. 52.

• [s78]
• 53

  53 Omitted (enacts short title of this Act). 2002, c. 30, Sched. C, s. 53. ______________