Real Estate Act & Professional Conduct Review

Vocabulary flashcards about the Real Estate Act and Professional Conduct Review based on lecture notes.

Production Order (Real Estate Act, Section 38(4.1))

Allows the Registrar to require any person to produce books, documents, records, or other items under their control, usually applied to non-licensees.

RECA Professional Conduct Review Program

Identifying conduct of licensees that is deserving of sanction, particularly in relation to maintaining integrity and adhering to expected professional standards.

Conduct Deserving of Sanction (RECA)

Conduct that breaches the Act, Rules, Regulations, or Bylaws, or falls below any industry standard, whether or not explicitly stated in the Act, Rules, Regulations, or Bylaws.

Personal Conduct Leading to Sanction (RECA)

Conduct unrelated to business can lead to sanction if it is incompatible with the public interest, undermines public confidence, harms the integrity of the profession, or brings it into disrepute.

RECA No Jurisdiction Outcome

The file is closed, and alternative resolutions may be suggested to the complainant. Typically, these complaints involve contractual disputes.

RECA Jurisdiction Outcome

Letters are sent notifying the licensee, current broker, and former broker (if applicable) that a Professional Conduct Review has commenced.

Complainant Rights (RECA No Jurisdiction)

The complainant has the right to appeal the Registrar's decision to a Hearing Panel within 30 days.

Purpose of RECA Notification

Indicates the commencement of a Professional Conduct Review but does not mean that the licensee's conduct is deserving of sanction. It allows all related parties to provide statements and supporting documentation.

RECA Policy of Scalable Enforcement

Aiming for regulatory balance by providing proportional, effective, transparent, and timely responses. It also includes guidance for future conduct, and sanctions may escalate upon repeat occurrences.

RECA Handling of Minor Infractions

RECA applies less severe discipline with the intention of preventing future issues. However, if necessary, RECA will enforce the full range of disciplinary sanctions.

Registrar Options After Professional Conduct Review

Dismiss the complaint with no further action; Dismiss the complaint and issue an Advisory Note; Issue a letter of reprimand; Issue an administrative penalty; Refer the matter to a Hearing Panel.

RECA Decision-Making After Professional Conduct Review

The chosen action depends on the specific facts of the case.