Permanent Surrender of Licence

REAL ESTATE COUNCIL OF BRITISH COLUMBIA

In the matter of the Real Estate Services Act

S.B.C. 2004 ch. 42

NOTICE OF PERMANENT SURRENDER OF LICENCE

Malcolm Keith Lutsiak, currently unlicensed, while licensed as a managing broker with Fort Nelson Realty Ltd. dba Royal LePage Fort Nelson Realty, Fort Nelson, requested the Real Estate Council of British Columbia to discontinue disciplinary proceedings against him as he had decided to permanently retire from real estate practice. Mr. Lutsiak was facing a disciplinary hearing into his professional conduct and would have been required to appear before a hearing committee of the Real Estate Council to respond to these allegations.

The allegation against Mr. Lutsiak in the Notice of Discipline Hearing is that he:

1. failed to fulfill his responsibility as a managing broker relating to the supervision of licensees in his brokerage in that he permitted a licensee to list and offer a manufactured home for sale without ensuring that it had a valid CSA approval sticker or silver label to reflect alterations made to the subject property, as required by Section 21 of the Electrical Safety Regulation of the BC Safety Standards Act.

There has been no discipline hearing or finding of fact with respect to this allegation, and no admission to this allegation by Mr. Lutsiak.

The Council was satisfied that, in the circumstances of this case, permanent surrender of Mr. Lutsiak's licence in lieu of proceeding with disciplinary action was appropriate. The permanent surrender of Mr. Lutsiak's licence was effective as of March 5, 2015, although he surrendered his licence to the Council on January 7, 2013.