Real Estate Act & Professional Conduct Review

Flashcards on key vocabulary and concepts from a lecture on Real Estate Act and Professional Conduct Review.

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

Allows the Registrar to require a person to produce relevant documents, typically applied to non-licensees.

RECA Professional Conduct Review Program Focus

Identifying licensee conduct deserving of sanction, emphasizing integrity and professional standards.

Conduct Deserving of Sanction (RECA)

Breaches of the Act, Rules, Regulations, Bylaws, or failure to meet industry standards.

Personal Conduct & RECA Sanctions

Yes, if it undermines public interest, confidence, or harms the profession's integrity.

RECA - No Jurisdiction

File closed; alternative resolutions suggested (e.g., contractual disputes between parties).

RECA - Has Jurisdiction

Letters are sent to the licensee, current broker, and former broker (if applicable).

Complainant Rights if RECA has no jurisdiction

Right to appeal the Registrar's decision to a Hearing Panel within 30 days.

Purpose of Notification (RECA Jurisdiction)

Informs parties of a Professional Conduct Review commencement; allows for statements/documentation.

RECA Scalable Enforcement Policy

Proportional, effective, transparent, and timely responses with guidance for future conduct; sanctions may escalate.

RECA Handling of Minor Infractions

Less severe discipline aimed at preventing future issues; full range of sanctions if necessary.

Registrar Options after Professional Conduct Review

Dismiss, Advisory Note, Letter of Reprimand, Administrative Penalty, or refer to Hearing Panel.

RECA Action Determination

Depends on case facts; initial severity may change upon review.

Reasons for Complaint Dismissal by the Registrar

Insufficient evidence, unclear complaint, no breach of Act/Rules, prior complaint, frivolous, minor breach with advisory note issued, complainant non-cooperation, complainant withdrawal, or outside RECA's jurisdiction.

Complaint Not Dismissed

Referral to Professional Conduct Review Program (PCRO) for analysis.

Advisory Note

Advises licensee of technical breach, provides best practices; considered a sanction but not discipline.

Letter of Reprimand

Issued for less serious conduct or after Advisory Note; warrants sanction but not further action.

When Registrar Issues an Administrative Penalty

One or two straightforward, potentially serious issues warranting sanction but not severe action.

Conditions for a Hearing

Severe breaches of Real Estate Act and Rules, prior discipline for similar activities, serious misconduct, failure to cooperate, or misconduct involving dishonesty, fraud, or breach of trust.