Managing brokers may delegate their responsibilities under RESA, as long as they have not abdicated control or become so uninvolved as to have effectively abdicated control. To determine whether there has been an abdication of control, RECBC looks at the context of each situation, asking the following questions:
- What work was delegated?
- What is the scope of authority that was delegated?
- To whom was the work delegated?
Managing brokers should only delegate their responsibilities to an experienced licensee, preferably an associate broker. Managing brokers can only delegate duties to someone who is engaged by the same brokerage.
Managing brokers can delegate some duties on an ongoing basis, or can arrange to delegate all duties to another licensee during an absence, such as a vacation or illness.
Even when duties have been delegated, the managing broker retains ultimate responsibility for the control and conduct of the business of the brokerage. This means that the managing broker should regularly review the work of the person to whom the work has been delegated.
Absence of one month or less
If as a managing broker you will be away from the office for any period up to one month and not electronically connected or otherwise able to oversee the activities of the brokerage, you must delegate your duties to another licensee, preferably an associate broker.
Inform RECBC, as far in advance as possible, of the start and end dates of your absence, and of the name of the licensee (who must be licensed at the brokerage) who will be acting on your behalf. Send these details, in writing, to RECBC’s licensing department: [email protected]. For more information, or to ask questions, contact the licensing department at 604-683-9664 (toll-free at 1-877-683-9664).
Absence of more than one month
If as a managing broker you intend to be absent for more than one month, or are unsure how long you will be absent (as in the case of a serious illness), you must either:
- Arrange for another managing broker to become licensed at the brokerage and assume your duties during your absence, or for the licence of an associate broker at the brokerage to be upgraded; or
- Advise RECBC in writing as to how you intend to maintain active control of the brokerage during your absence. RECBC will review your plan and advise as to whether a replacement managing broker will be required.
Inform RECBC of your absence, in writing, as far in advance as possible. Include details of the steps you have taken to ensure that adequate supervision and management of the brokerage will be in place while you are away, along with the dates of your absence and the name of a replacement managing broker, if appropriate. Send these details, in writing, to RECBC’s licensing department: [email protected]. For more information, or to ask questions, contact the licensing department at 604-683-9664 (toll-free at 1-877-683-9664).
Put it in writing. When delegating tasks to another licensee, either on an ongoing or a short-term basis, make sure that the agreed-upon responsibilities are clearly outlined in a written document, which specifies the name of the licensee who has accepted the responsibilities, the date when the tasks were delegated, and the expected end date (if any) of the delegation.
In rare cases, when a managing broker’s licence is suspended, that person may be allowed to be licensed as an associate broker or representative. Whether the suspended individual remains unlicensed or becomes licensed as an associate broker or representative during the suspension period, that person may not perform, nor may they accept the delegation of any duties or obligations of a managing broker during the suspension period.