Legislation & Policies - Council Bylaws

RECBC regulates and enforces standards for real estate professionals in BC under the Real Estate Services Act, Regulation and Rules. 

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Council Bylaws

Part 1 - General

Definitions

1-1 In these bylaws:

Act means the Real Estate Services Act;

application for a licence has the same meaning as in section 8 of the Act;

chair and vice-chair mean the chair and vice-chair of the council appointed under section 80 of the Act;

council means the real estate council;

executive officer means the executive officer of the council appointed under section 81 of the Act;

hearing committee member means a member of the council or other individual appointed to sit on hearing committees; 

managing broker includes, for the purposes of Part 2 [Election of Council Members] of these bylaws, an associate broker;

related brokerage office means, in relation to a licensee, the brokerage head office or branch office that is identified in the licensee’s licence;

respondent means an applicant or licensee named in a notice of hearing.

[01/23/2017 section 1-1 amended effective 01/23/2017]

Fees for copies of records

1-2 A person who requests a copy of a record referred to in section 47 [discipline orders] , 88 [council records] or 89 [annual report] of the Act must pay to the council, at the time of making the request, a fee of $0.50 per copied page.

Part 2 - Election of Council Members

[09/16/2016 Part 2 repealed effective 09/30/2016]

Part 3 - Council Proceedings

Election of Chair

3-1

[09/16/2016  section 3-1 repealed effective 09/30/2016]

Council meetings

3-2 The council must hold such meetings as it considers necessary to transact the business of the council.

Quorum for council meetings

3-3

[10/24/2016  section 3-3 repealed effective 10/24/2016]

Electronic meetings

3-4 

  1. Council members may participate in, including vote at, a council meeting by means of electronic or other communication facilities if all council members participating in the meeting, whether by such facilities or in person, are able to communicate with each other.
  2. A council member participating in a meeting under this section is to be considered present at the meeting for the purposes of determining quorum.

Council procedures

3-5 

  1. Subject to these bylaws and the regulations, decisions of the council are to be decided by majority vote of the council members present at the meeting.

  2. [10/24/2016  section 3-5(2) repealed effective 10/24/2016]
  3. Each member of the council has one vote on any question.

Code of conduct for council members

3-6 

  1. Subject to subsection (2), the code of conduct adopted by the council on September 11, 2018 is the code of conduct for the council subject to amendment under subsection (2).
  2. The council may, by a vote of not less than 3/4 of the number of members set for the council, amend the code of conduct under subsection (1).
  3. The members of the council must comply with the code of conduct.

[01/21/2019 subsection 3-6(1) amended effective 01/21/2019]

Council committees

3-7 

  1. The following council committees are established pursuant to section 84(2) of the Act and may, guided by council approved terms of reference, undertake the tasks and duties assigned to them by the council, including acting on behalf of the council as follows:
    1. A complaints committee, which may include persons who are not council members, to review investigations referred to it and make decisions or recommendations on the dispositions of those matters;
    2. A consent order review committee, which sits as a discipline committee and may include persons who are not council members, to consider and accept or reject consent order proposals from licensees and make discipline orders where a proposal is accepted;
    3. An education and licensing committee, to review and make recommendations to council on education and licensing issues and matters;
    4. A governance committee to review and recommend corporate policies for operations, processes, delegated authorities and human resources; 
    5. A finance and audit committee to oversee the budget process and financial reporting and management obligations of the council; and
    6. A policy and legislative consultation committee to provide input and advice on legislative and policy matters, including proposed or potential changes to the Act, or regulations, rules or bylaws made under the Act, and related council policies and procedures.
    7. An executive committee with all powers of council to act when the urgency or compulsion of issues and/or circumstances make it impractical or impossible to convene a timely meeting of council as a whole to consider important matters.
  2. The chair and vice-chair may jointly:
    1. appoint individuals to council committees; and
    2. create committees, sub-committees, or other groups to provide reports, recommendations and advice to council.
  3. The chair or vice-chair may appoint individuals to a consent order review committee or a hearing committee to consider a particular matter or matters.

[01/23/2017 section 3-7 repealed and the above section 3-7 substituted effective 01/23/2017]

[09/12/2017 subsection 3-7(1)(f) added effective 09/12/2017]

[01/21/2019 subsection 3-7(1)(g) amended effective 01/21/2019]

Remuneration and expenses for council committee and advisory group members

3-8 

  1.  
  1. Hearing Committees (Discipline, Compensation, Qualification, Consent Order Review Committee) Fee (per day)
  1. Other Council Committees/Advisory Groups Chair Meeting Fee (per day)
  1. Decision Writing
  1. Committee or Advisory Group Chair
  1. $625
  1. $625
  1. $625
  1. Committee Member
  1. $500
  1. $500
  1. $625
  1. Members of council and other persons appointed by council serving on hearing committees and other council committees are entitled to remuneration as set out below, plus reasonable expenses incurred in the course of their duties and payable in accordance with council policy. Council members who are appointed to Chair advisory groups are also entitled to remuneration for the same as set out below, plus reasonable expenses incurred, payable in accordance with council policy. Advisory group membership is voluntary and unpaid for other members of council.
  2. The fee may be claimed for travel time to and from the hearing or committee meeting when the location is more than 32 kilometres from the person’s residence.
  3. The hearing committee fee may also be claimed for the time spent by a hearing committee member or chair preparing a written decision. The fee will be payable on the basis of a seven-hour day, such that the total time spent by the committee member or chair preparing the written decision will be divided by seven to calculate the number of decision preparation days. For each seven hour decision preparation day, the full fee may be claimed. Where the calculation described above results in a partial decision preparation day consisting of more than three but less than seven hours of decision preparation, the full fee may be claimed. Where the calculation described above results in a partial decision preparation day consisting of less than three hours, only one-half the fee may be claimed.
  4. Time spent by hearing committee members in respect of written hearing processes (being hearings conducted by written materials) may be calculated and claimed by all members of the committee as provided in subsection (3) of this bylaw. 
  5. If a hearing or committee meeting is cancelled less than 24 hours prior to its scheduled start, the fee for the first day of the hearing is payable to the committee chair and committee members.
  6. If a hearing or committee meeting is scheduled for and lasts three hours or less, or a meeting lasts three hours or less in a twenty-four hour period, then unless subsection (2) above applies and involves more than one hour travel time per day, a person may claim only one-half the fee.
  7. These rules apply whether attendance by the committee or advisory group chair or committee members is in person or, where permitted, by telephone or other electronic means.

[07/13/2017 section 3-8 added effective 07/01/2017. Amended 08/15/2017, 30/01/2019, and 11/03/2019.]

Part 4 - Licence Applications and Other Submissions to Council

Division 1 – Licence Applications

Application forms

4-1 (1) An application for a new licence, licence renewal or licence reinstatement

(a) must be in a form approved by the council, and

(b) indicate the nature of the application.

(2) An application for a licence amendment must be in a form acceptable to the council.

Council may require supporting documentation

4-2 Council may require supporting documentation to verify any information provided or statement made in an application for a licence.

Amounts that must accompany applications

4-3 An application for a licence must be accompanied by the following:

(a) all applicable fees and assessments imposed by bylaw under section 85 [bylaws respecting licence fees and assessments] of the Act;

(b) all applicable fees and assessments imposed by regulation under section 130 (2) (d) [fees and assessments payable to superintendent] of the Act;

(c) all applicable assessments payable under section 104 [insurance fund assessments and deductibles] of the Act, if the insurance corporation requires that the assessments are to be paid by submitting them to the council before a licence is issued;

(d) all applicable assessments payable under section 113 [compensation fund assessments] of the Act, if the compensation fund corporation requires that the assessments are to be paid by submitting them to the council before a licence is issued.

Applications for new licences

4-4 (1) General requirements related to applications – An application for a new licence, other than a branch office licence, must contain, or have attached to it, the following:

(a) the category and level of licence for which the application is made;

(b) the legal name of the applicant;

(c) the mailing address for delivery to the applicant;

(d) information regarding any circumstances in which the applicant

(i) has been refused a licence under real estate, insurance, mortgage broker or securities legislation in British Columbia or another jurisdiction, as referred to in section 10 (d) (i) of the Act,

(ii) held a licence that was suspended or cancelled under real estate, insurance, mortgage broker, or securities legislation in British Columbia or another jurisdiction,

(iii) has been disciplined by a professional body, or

(iv) is the subject of an investigation or discipline proceedings under real estate, insurance, mortgage broker or securities legislation, or by a professional body, in British Columbia or another jurisdiction;

(e) information regarding

(i) any bankruptcy, insolvency or receivership proceedings to which the applicant has been subject, including

(A) an application for a bankruptcy order filed against the applicant,

(B) an assignment in bankruptcy made by the applicant,

(C) a bankruptcy order made against the applicant,

(D) a proposal made under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or

(E) an insolvency proceeding, including a receivership or an arrangement under the Companies’ Creditors Arrangement Act, or

(ii) any court orders or judgments made against the applicant in relation to

(A) real estate services,

(B) a dealing in insurance, mortgages or securities, or

(C) misappropriation, fraud or breach of trust;

(f) in the case of an individual applicant who has been an owner, director, officer or partner of a business, information regarding

(i) any bankruptcy, insolvency or receivership proceedings to which the business has been subject during the period when the applicant was an owner, director, officer or partner, including

(A) an application for a bankruptcy order filed against the business,

(B) an assignment in bankruptcy made by the business,

(C) a bankruptcy order made against the business,

(D) a proposal made under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or

(E) an insolvency proceeding, including a receivership or an arrangement under the Companies’ Creditors Arrangement Act; or

(ii) any court orders or judgments made against the business during that period in relation to

(A) real estate services,

(B) a dealing in insurance, mortgages or securities, or

(C) misappropriation, fraud or breach of trust;

(g) information about any offences under federal or provincial enactments, or under the law of any foreign jurisdiction, of which the applicant has been convicted, or with which the applicant is currently charged, other than

(i) highway traffic offences resulting only in monetary fines or demerit points, or both, and

(ii) charges initiated by a violation ticket as defined in the Offence Act or by a ticket as defined in the Contraventions Act (Canada);

(h) in the case of an individual applicant,

(i) the applicant’s employment history,

(ii) a criminal record check in a form satisfactory to the council, 

(iii) information required by the council to verify a criminal record check on the applicant, including

(A) the applicant’s place and date of birth,

(B) if the applicant was born outside Canada, the date of the applicant’s arrival in Canada,

(C) any previous legal names of the applicant, and other names by which the applicant is or has been known, 

(D) if the applicant has resided outside of Canada for any period, the dates and locations of these periods of residency, and

(E) the applicant’s written consent, in a form required by the council, allowing the council to verify the accuracy of the criminal record check; and

(iv) a true copy of a piece of valid government issued identification acceptable to the council that bears a clear and true photographic likeness of the applicant;

(i) a dated and signed certification by the applicant that the information and statements contained in the application or attachments are true and complete.

[04/22/2009 subsection (1)(d) repealed and the above subsection (1)(d) substituted effective 05/01/2009]
[07/20/2010 subsection (1)(h) repealed and the above subsection (1)(h) substituted effective 07/22/2010]
[05/02/2011 subsection (1)(h) repealed and the above subsection (1)(h) substituted effective 08/01/2011]
[09/30/2014 subsections 1(e) and 1(f) repealed and the above subsections 1(e) and 1(f) substituted effective 01/01/2015]
[06/20/2016 subsection (1)(h) repealed and the above subsection (1)(h) substituted effective 09/01/2016]

(2) Applications by individuals for representative, associate broker or managing broker licences – In addition to the requirements of subsection (1), an application by an individual for a new licence as a representative, associate broker or managing broker must contain, or have attached to it, the following:

(a) the applicant’s residential address and phone number;

(b) the applicant’s email address;

(c) any name other than the applicant’s legal name (such as a nickname, shortened name or hyphenated name), which might be used by the applicant for advertising purposes;

(d) the name of the proposed related brokerage, the proposed related brokerage office address and the phone number and any fax number for that office;

(e) if the individual is not a Canadian citizen, evidence of immigration or work visa status;

(f) unless this requirement is waived by the council in the case of an applicant who has been previously licensed, information relating to the education and experience of the applicant, including

(i) the dates of completion of courses and examinations established by or on behalf of the council for the purposes of licensee qualification, and

(ii) official transcripts of any real estate-related post secondary courses, other than courses referred to in subparagraph (i);

(g) in the case of an application for a managing broker licence, the applicant’s consent to the council obtaining a credit rating check on the applicant;

(h) a certification of the proposed related brokerage, signed by the managing broker or a director, officer or partner of the brokerage, approving the application and attesting that the applicant is of good reputation and is suitable for licensing.

[09/09/2008 subsection (2) repealed and the above subsection (2) substituted effective 11/01/2008]
[04/22/2009 subsection (2) repealed and the above subsection (2) substituted effective 05/01/2009]
[09/22/2015 subsection (2) repealed and the above subsection (2) substituted effective 01/01/2016]

(2.1) Applications by personal real estate corporations for representative, associate broker or managing broker licences – In addition to the requirements of subsection (1), an application by a personal real estate corporation for a new licence as a representative, associate broker or managing broker must contain, or have attached to it, the following:

(a) the legal name of the controlling individual of the personal real estate corporation;

(b) a confirmation that the applicant is in good standing with the corporate registry;

(c) the name of the proposed related brokerage;

(d) from the controlling individual,

(i) a confirmation that the personal real estate corporation has the attributes described in section 10.3 of the regulation,

(ii) an assurance that the personal real estate corporation will not conduct any business other than the provision of real estate services and ancillary services directly associated with the provision of real estate services, and

(iii) an application referred to in section 10.5 (1) (b) of the regulation;

(e) a certification of the proposed related brokerage, signed by the managing broker or a director, officer or partner of the brokerage, approving the application;

(f) a dated and signed certification by the controlling individual that the information and statements contained in the application or attachments are true and complete.

[09/09/2008 subsection (2.1) added effective 11/01/2008]

(3) Applications for brokerage licences (corporations and partnerships) – In addition to the requirements of subsection (1), an application by a corporation or partnership for a new brokerage licence, other than a branch office licence, must be accompanied by the material required under section 4-5 [materials that must accompany applications for a new brokerage licence] of these bylaws and must contain, or have attached to it, the following:

(a) the proposed brokerage head office address, its phone number and any fax number and email address for that office;

(b) an indication of whether the applicant is a corporation or a partnership, and that it is in good standing with the applicable registry;

(c) the proposed fiscal year of the applicant in relation to brokerage activities;

(d) the names and branch location of the savings institutions at which the brokerage is proposing to maintain accounts;

(e) if the brokerage is to be operated under a trade name other than the legal name of the corporation or partnership, the trade name;

(f) the names and offices held of every director, officer and partner of the applicant, and, if a partner of the applicant is a corporation, every director and officer of that corporation;

(g) information to enable the council to ascertain whether the corporation or partnership is in sound financial circumstances, including

(i) an estimate of operating and capital expenditures for the first 3 months of operation, and

(ii) evidence of unimpaired working capital equal to that amount plus $5000;

(h) a nomination of the individual proposed as managing broker.

(4) Applications for brokerage licences (sole proprietorships) – In addition to the requirements of subsection (1), an application by an individual as sole proprietor for a new brokerage licence, other than a branch office licence, must be accompanied by the material required under section 4-5 [materials that must accompany applications for new brokerage licences] of these bylaws and must contain, or have attached to it, the following:

(a) the applicant’s residential address and phone number;

(b) the applicant’s email address;

(c) if the sole proprietorship is to be operated under a trade name other than the legal name of the sole proprietor, the trade name;

(d) the proposed brokerage head office address, its phone number and any fax number and email address for that office;

(e) the proposed fiscal year of the sole proprietorship in relation to brokerage activities;

(f) the names and branch location of the savings institutions at which the brokerage is proposing to maintain accounts;

(g) if the sole proprietor is not a Canadian citizen, evidence of immigration or work visa status;

(h) unless the applicant will be acting as managing broker, a nomination of the individual proposed as managing broker;

(i) if the applicant will be acting as the managing broker, unless this requirement is waived by the council for an applicant who has been previously licensed as a brokerage, managing broker or associate broker, information relating to the education and experience of the applicant, including the information referred to in subsection (2) (e);

(j) information to enable the council to ascertain whether the sole proprietorship is in sound financial circumstances, including

(i) an estimate of operating and capital expenditures for the first 3 months of operation, and

(ii) evidence of unimpaired working capital equal to that amount plus $5000;

(k) the applicant’s consent to the council obtaining a credit rating check on the applicant.

[04/22/2009 subsection (4) repealed and the above subsection (4) substituted effective 05/01/2009]

(5) Applications for branch office licences – An application by a brokerage for a new branch office brokerage licence must contain, or have attached to it, the following:

(a) an indication that the application is for a branch office licence;

(b) the legal name of the brokerage;

(c) if the brokerage is operated under a trade name other than its legal name, the trade name of the brokerage;

(d) the proposed branch office address, its phone number and any fax number and email address for that office;

(e) the mailing address for delivery to the applicant in respect of the branch office;

(f) a nomination of the individual proposed as managing broker of the branch office;

(g) the signature of the managing broker of the brokerage making the application, or of one of its directors, officers or partners.

(6) Late renewals – As an exception to the otherwise applicable requirements of this section, an application for a new licence that is made by a former licensee within 90 days after the end of the applicant’s previous licence term may, in the council’s discretion, be accepted by the council in the form of an application for a licence renewal.

Materials that must accompany applications for new brokerage licences

4-5 (1) An application for a new brokerage licence must be accompanied by the following:

(a) business licence – evidence satisfactory to the council

(i) that the applicant holds, or has applied for, a municipal business licence for its brokerage business, or

(ii) that no local government business licence is required for its brokerage business;

(b) residential brokerage office – if the licence is for a residential brokerage office under section 2-5 [residential brokerage offices] of the rules, evidence satisfactory to the council

(i) that the local government bylaws applicable to the residence permit the brokerage business to be conducted from the residence, and

(ii) of any restrictions established by local government bylaw limiting the persons who may conduct the brokerage business from the office.

(2) In addition to the requirements of subsection (1), an application for a new brokerage licence, other than a branch office licence, must be accompanied by the following:

(a) financial statement – for the purposes of section 2- 11 [financial qualification for brokerages] of the rules, a financial statement in a form acceptable to the council and verified by

(i) the statutory declaration of the proposed managing broker of the brokerage deposing to the accuracy of the financial statement, or

(ii) a certificate in a form acceptable to the council, issued by an accountant and certifying the accuracy of the statement;

(b) franchise operations – in the case of an applicant that proposes to operate as a franchisee,

(i) a copy of the franchisor’s consent for the applicant to use the franchise name, and

(ii) if requested by the council, a copy of any franchise or licence agreement with the franchisor;

(c) corporations and partnerships – in relation to an application made by a corporation or partnership, for each director, officer or partner referred to in section 4-4 (3) (f) of these bylaws, the following information and statements, in a form approved by the council:

(i) the individual’s legal name;

(ii) the individual’s residential address and phone number;

(iii) the information referred to in section 4-4 (1) (d) to (h) of these bylaws, other than the individual’s employment history, as if the individual were an applicant for a licence;

(iv) the legal name of the applicant in relation to which this information is being provided;

(v) a dated and signed certification by the individual that the information provided is true and complete.

(3) For the purposes of subsection (2) (a) (ii), the accountant must be an accountant within the meaning of the rules, and must be independent of the applicant and of any director, officer, partner or proposed managing broker of the applicant.

Applications for licence renewal

4-6 (1) General requirements related to applications – An application for a licence renewal, other than renewal of a branch office licence, must contain, or have attached to it, the following:

(a) the information referred to in section 4-4 (1) (a) to (c) [applications for new licences] of these bylaws;

(b) the information referred to in section 4-4 (1) (d) to (g) [applications for new licences] of these bylaws, in relation to any matters that have occurred since the most recent application for a new licence, licence renewal or licence reinstatement made by the applicant;

(c) in the case of an individual applicant, if requested by the council, a criminal record check, in a form satisfactory to the council and the information and consent referred to in section 4-4(1)(h)(iii) of these bylaws;

(d) a dated and signed certification by the applicant that the information and statements contained in the application or attachments are true and complete.

[05/02/2011 subsection (1)(c) repealed and the above subsection (1)(c) substituted effective 08/01/2011]

(2) Renewal by an individual of a representative, associate broker or managing broker licence – In addition to the requirements of subsection (1), an application by an individual for renewal of a representative, associate broker or managing broker licence must contain, or have attached to it, the following:

(a) the applicant’s residential address and phone number;

(b) the applicant’s email address;

(c) any name other than the applicant’s legal name (such as a nickname, shortened name or hyphenated name), which might be used by the applicant for advertising purposes;

(d) the name of the related brokerage, and the related brokerage office address and the phone number and any fax number for that office;

(e) in the case of an application for renewal of a managing broker licence, the applicant’s consent to the council obtaining a credit rating check on the applicant;

(f) information relating to the dates of completion of courses and examinations established by or on behalf of the council under section 2-8.1 of the rules;

(g) the signature of the managing broker, or of a director, officer or partner of the related brokerage, approving the application.

[09/09/2008 subsection (2) repealed and the above subsection (2) substituted effective 11/01/2008]
[04/22/2009 subsection (2) repealed and the above subsection (2) substituted effective 05/01/2009]
[09/22/2015 subsection (2) repealed and the above subsection (2) substituted effective 01/01/2016]

(2.1) Renewal by a personal real estate corporation of a representative, associate broker or managing broker licence – In addition to the requirements of subsection (1), an application by a personal real estate corporation for renewal of a representative, associate broker or managing broker licence must contain, or have attached to it, the following:

(a) the legal name of the controlling individual of the personal real estate corporation;

(b) an indication that all filings required by the corporate registry are up to date;

(c) the name of the related brokerage;

(d) from the controlling individual,

(i) a confirmation that the personal real estate corporation continues to maintain the attributes described in section 10.3 of the regulation,

(ii) an assurance that the personal real estate corporation will not conduct any business other than the provision of real estate services and ancillary services directly associated with the provision of real estate services, and

(iii) an application for licence renewal under subsection (2) of these bylaws;

(e) a dated and signed certification by the controlling individual that the information and statements contained in the application or attachments are true and complete;

(f) the signature of the managing broker, or of a director, officer or partner of the related brokerage, approving the application.

[09/09/2008 subsection (2.1) added effective 11/01/2008]

(3) Renewal of a brokerage licence (corporations and partnerships) – In addition to the requirements of subsection (1), an application by a corporation or partnership for renewal of a brokerage licence, other than renewal of a branch office licence, must contain, or have attached to it, the following:

(a) the brokerage head office address, its phone number and any fax number and email address for that office;

(b) an indication that all filings required by the corporate registry are up to date;

(c) if the brokerage is to be operated under a trade name other than the legal name of the corporation or partnership, the trade name.

(4) Renewal of a brokerage licence (sole proprietorships) – In addition to the requirements of subsection (1), an application by a sole proprietorship for renewal of a brokerage licence, other than renewal of a branch office licence, must contain, or have attached to it, the following:

(a) the applicant’s residential address and phone number;

(b) the applicant’s email address;

(c) if the sole proprietorship is to be operated under a trade name other than the legal name of the sole proprietor, the trade name;

(d) the brokerage head office address, its phone number and any fax number and email address for that office;

(e) the applicant’s consent to the council obtaining a credit rating check on the applicant.

[04/22/2009 subsection (4) repealed and the above subsection (4) substituted effective 05/01/2009]

(5) Renewal of a branch office licence – An application for renewal of a branch office brokerage licence must contain, or have attached to it, the following:

(a) an indication that the application is for a branch office licence;

(b) the legal name of the brokerage;

(c) if the brokerage is operated under a trade name other than its legal name, the trade name of the brokerage;

(d) the branch office address, its phone number and any fax number and email address for that office;

(e) the mailing address for delivery to the applicant in respect of the branch office;

(f) the signature of the managing broker of the branch office or of the brokerage, or of one of the directors, officers or partners of the brokerage.

Applications for licence reinstatement

4-7 (1) In this section:

licence reinstatement means reinstatement of a licence after it

(a) became inoperative under section 22 (1) [licensee ceases to be engaged by brokerage] of the Act,

(b) was suspended under section 116 (4) [failure to provide security] of the Act,

(c) became inoperative under section 10.7 (2) [personal real estate corporation ceases to maintain attributes] of the regulation, or

(d) was voluntarily surrendered to the council.

[09/09/2008 subsection (1) repealed and the above subsection (1) substituted effective 11/02/2008]

(2) Applications made within 90 days – If an application for licence reinstatement is made within 90 days after the date on which the licence became inoperative, was suspended or was surrendered, the application

(a) must be made in accordance with section 4-6 [licence renewal] of these bylaws as if it were an application for licence renewal, and

(b) in the case of an applicant for a representative licence who is required to re-qualify under section 2-9 [education re-qualification on reinstatement] of the rules, must include information relating to the education and experience of the applicant, including the information referred to in section 4-4 (2) (e) [new managing broker, associate broker and representative licences] of these bylaws.

(3) Applications made later than 90 days – If an application for licence reinstatement is made after the time referred to in subsection (2), but before the end of the term of the licence, the application must be made in accordance with section 4-4 [applications for new licences] of these bylaws as if it were an application for a new licence.

Applications for licence amendment

4-8 (1) Amendments to representative, associate broker and managing broker licences – A representative, associate broker or managing broker

(a) must apply for licence amendment if they are changing their legal name, and

(b) may apply for licence amendment to

(i) change the level or category of their licence, or

(ii) comply with section 10.4 (4) [licensing of personal real estate corporation and its related controlling individual] of the regulation.

[09/09/2008 subsection (1) repealed and the above subsection (1) substituted effective 11/01/2008]

(2) Amendments to brokerage licences – A brokerage

(a) must apply for licence amendment if they are changing their

(i) legal name,

(ii) trade name, or

(iii) office address, and

(b) may apply for licence amendment to change the category of their licence.

(3) All applications – An application for a licence amendment must include

(a) an indication that the application is for a license amendment,

(b) an identification of the nature of the proposed amendment, and

(c) the effective date of the amendment.

(4) Applications to change legal name – An application to amend a licence to change a licensee’s legal name must contain, or have attached to it, a birth certificate, notice of articles, marriage certificate, certificate of name change or other documentary evidence to support the name change.

(5) Applications to change brokerage office address – An application to amend a brokerage licence to change the office address to which the licence applies must contain, or have attached to it,

(a) the material referred to in section 4-5 (1) (a) [evidence of business licence] of these bylaws, and

(b) if the new office is to be a residential brokerage office under section 2-5 [residential brokerage offices] of the rules, the material referred to in section 4-5 (1) (b) [evidence respecting local government rules] of these bylaws.

(6) Other applications to change level or category of licence – An application to amend a licence to change the category or level of the licence, other than an application referred to in subsection (7),

(a) must be made in accordance with section 4-6 [licence renewal] of these bylaws as if it were an application for licence renewal, and

(b) in the case of an individual applicant, unless this requirement is waived by the council, must include information relating to the education and experience of the applicant, including the information referred to in section 4-4 (2) (e) [new managing broker, associate broker and representative licences] of these bylaws.

(7) Applications to become sole proprietorship – An application to amend a managing broker, associate broker or representative licence to become a sole proprietorship brokerage licence must be made in accordance with section 4-4 [applications for new licences] of these bylaws as if it were an application for a new sole proprietorship brokerage licence.

(8) An application for a licence amendment must be accompanied by the licensee’s current licence certificate.

 

Division 2 – Brokerage Reports

Annual accountant’s report

4-9 (1) An accountant’s report filed by the brokerage with the council under section 7-7 (1) (b) [annual accountant’s report] of the rules must

(a) be in a form approved by the council,

(b) be prepared in accordance with this section, and

(c) include the information required by this section.

[12/06/2008 correction of typographical error in subsection (1) effective 01/01/2009]

(2) After the completion of the brokerage’s fiscal year, the brokerage must prepare an accountant’s report for the fiscal year containing the following information:

(a) the start and end dates of the brokerage’s fiscal year in relation to which the report is filed;

(b) the address of the brokerage and of all branch offices of the brokerage that operated at any time during that fiscal year;

(c) a list of each brokerage trust account, commission trust account and other savings institution account opened, closed or maintained by the brokerage during the fiscal year;

(d) for each account listed under paragraph (c),

(i) the name and branch location of the savings institution at which the account is or was kept,

(ii) the account number,

(iii) an indication of the type of account, and

(iv) if the account was opened or closed, or both, during the fiscal year, the date of the opening or closing, or both, as the case may be.

(3) The brokerage must provide the report prepared under subsection (2) to the accountant who is to complete the report in accordance with subsection (4), together with

(a) the brokerage’s financial statements for the fiscal year;

(b) copies of any subordination agreements to which the brokerage is a party;

(b.1) for each brokerage trust account, the monthly reconciliation referred to in section 8-2 (b) [trust account and general account records] of these rules, for

(i) all month ends that occurred during the fiscal year, and

(ii) all month ends that occur after the end of the fiscal year but before the date of completion of field work undertaken by the accountant to prepare the report;

(c) for each brokerage trust account that is a pooled trust account, monthly trust liability and asset reconciliations for

(i) all month ends that occurred during the fiscal year, and

(ii) all month ends that occur after the end of the fiscal year but before the date of completion of field work undertaken by the accountant to prepare the report;

(d) any other information that the accountant considers necessary in order to fulfill the accountant’s obligations under subsection (4).

[11/26/2005 section 4-9(3)(c) repealed and the above section 4-9(3)(c) substituted effective 01/01/2006]

[06/20/2007 subsection (3) repealed and the above subsection (3) substituted effective 07/01/2007]

(4) The accountant’s portion of the accountant’s report must do the following:

(a) indicate whether the brokerage has, for the brokerage’s fiscal year,

(i) maintained proper books, accounts and other records as required by the Act, the regulations and the rules,

(ii) maintained in its brokerage trust accounts sufficient funds to discharge its gross trust liabilities as disclosed in the information provided by the brokerage to the accountant for the purposes of the report, and

(iii) prepared a monthly trust reconciliation for all month ends referred to in subsection (3) (c);

(b) confirm, as a result of conducting a review engagement, the brokerage’s

(i) current and total assets (exclusive of goodwill, incorporation costs and other intangibles), and

(ii) current and total liabilities;

(c) report on the accounting principles used by the brokerage in preparation of its financial statements for the fiscal year;

(d) note any qualifications or exceptions to the information provided in paragraphs (a) to (c);

(e) provide the date of completion of field work undertaken to prepare the report;

(f) provide

(i) the name and professional status of the accountant,

(ii) the name of the accountant’s firm, if applicable, and

(iii) a contact address and phone number for both the accountant and, if applicable, the accountant’s firm;

(g) be dated and signed by the accountant.

[11/26/2005 section 4-9(4)(a)(ii) repealed and the above section 4-9(4)(a)(ii) substituted effective 01/01/2006]

(5) After the accountant has completed the accountant’s portion and returned the report to the brokerage, the brokerage must comply with subsection (6).

(6) Following its receipt of the accountant’s report from the accountant, the brokerage must have the report certified in accordance with subsection (7) as follows:

(a) in the case of a brokerage that is a sole proprietorship,

(i) by the sole proprietor, if the sole proprietor is acting as a managing broker for the brokerage, or

(ii) in any other case, by both a managing broker and the sole proprietor;

(b) in the case of a brokerage that is a partnership, by both a managing broker and a partner of the brokerage;

(c) in the case of a brokerage that is a corporation, by both a managing broker and a director or officer of the brokerage.

(7) The certification under subsection (6) must be that, subject to any noted exceptions,

(a) all books, records, accounts and subordination agreements of the brokerage, plus any correspondence between this brokerage and the council related to the fiscal year with regard to these books, records, accounts and subordination agreements, have been disclosed to the accountant,

(b) there have been no changes in capital structure, directors, officers, shareholders, partners or accountants of the brokerage since the date of the previous accountant’s report filed, and

(c) to the knowledge of the individual making the certification, the report is true and complete.

[09/01/2012 subsection (7)(a) repealed and the above subsection (7)(a) substituted effective 01/01/2013]

Solemn declaration – alternative to accountant’s report

4-9.1 (1) A solemn declaration filed by a brokerage with the council under section 7-7 (7) of the rules must

(a) be made by a related managing broker on oath or by solemn affirmation,

(b) be made before a commissioner for taking affidavits for British Columbia,

(c) be in a form approved by the council,

(d) be signed by the related managing broker and the person before whom the declaration is made,

(e) include the information and statements required by this section, and

(f) be submitted to the council together with the brokerage activity report and the financial statements for the applicable fiscal year of the brokerage.

(2) The declaration must contain, or have attached to it, the following:

(a) the name of the brokerage;

(b) the name of the related managing broker making the declaration;

(c) a list of each brokerage trust account, commission trust account and other savings institution account opened or maintained by the brokerage during the fiscal year;

(d) for each account listed under paragraph (c),

(i) the name and branch location of the savings institution at which the account is or was kept,

(ii) the account number,

(iii) an indication of the type of account, and

(iv) if the account was opened or closed, or both, during the fiscal year, the date of the opening or closing, as the case may be;

(e) the end date of the brokerage’s fiscal year to which the declaration relates.

(3) The declaration must state that

(a) the brokerage did not hold or receive any public trust money during the fiscal year to which the declaration relates, and

(b) to the knowledge of the relating managing broker, all information and statements in the declaration are true and complete.

[12/06/2008 section 4-9.1 added effective 01/01/2009]

Annual brokerage activity report

4-10 (1) A brokerage activity report filed by the brokerage with the council under section 7-7 (1) (c) [annual brokerage activity report] of the rules must

(a) be in a form approved by the council,

(b) include the information and statements required by this section, and

(c) be submitted to the council together with the annual accountant’s report and financial statements for the applicable fiscal year of the brokerage.

(2) The brokerage activity report must contain, or have attached to it, the following:

(a) the name of the brokerage;

(b) the start and end dates of the brokerage’s fiscal year in relation to which the report is filed;

(c) the number of related licensees of the brokerage;

(d) information respecting any business changes, as referred to in section 2-22 [brokerage must give notice of business changes] of the rules, for which notice has not yet been given to the council;

(e) an estimate of the percentage of the brokerage’s current total business that each of the following types of business constitutes:

(i) residential sales;

(ii) industrial, commercial and investment sales;

(iii) leases;

(iv) appraisals;

(v) consulting services;

(vi) rental property management;

(vii) strata management;

(f) the approximate number of transactions of each type of business as described in paragraph (e) (i) to (v) that the brokerage has been involved with during the fiscal year; 

(g) the approximate number of

(i) rental units,

(ii) rental property management clients,

(iii) strata lots,

(iv) strata corporations with sections,

(v) sections within strata corporations, and

(vi) strata corporations in total

currently managed by the brokerage;

(h) the average monthly trust balances in all trust accounts for

(i) trades in real estate, 

(ii) commissions,

(iii) strata corporations, including sections, and

(iv) rental real estate;

(i) the average monthly total of rents collected;

(j) the average monthly total of strata fees, excluding special levies, collected on behalf of strata corporations, including sections.

[02/24/2015 subsection (2) repealed and the above subsection (2) substituted effective 07/01/2015]

(3) The brokerage activity report must be completed, dated and signed by a managing broker who is licensed in relation to the brokerage.

[02/24/2015 subsection (3) repealed and the above subsection (3) substituted effective 07/01/2015]

Brokerage winding up report

4-11 (1) A brokerage winding up report filed with the council by a brokerage under section 8-11 [brokerage obligations when winding up business] of the rules must

(a) be in a form approved by the council, and

(b) include the information and statements required by this section.

(2) The brokerage winding up report must contain, or have attached to it, the following:

(a) the legal name of the brokerage;

(b) the address of the brokerage head office and any branch offices;

(c) the name of the brokerage’s managing broker;

(d) the reason for the winding up;

(e) the effective date on which the brokerage will cease to carry on the business of a brokerage;

(f) information relating to each of the brokerage’s trust accounts, including for each account

(i) the account number,

(ii) the name of the savings institution, and the location of the branch, with which the account is held,

(iii) the type of trust account,

(iv) the account balance, and

(v) written confirmation, or a copy of the trust account statements, from the relevant savings institution verifying that the trust account balances are as indicated in subparagraph (iv);

(g) particulars relating to the brokerage’s trust accounts, including

(i) for trades in real estate, a list of all transactions in relation to which the brokerage holds money in a trust account, including deal number, name of buyer and seller, amount of deposit being held, date of contract of purchase and sale and completion date,

(ii) for all rental properties managed by the brokerage, a description of each property managed, a list of the persons on whose behalf trust funds are being held and the amount held in trust for each person, including security deposits, pet damage deposits and any other deposits,

(iii) for remuneration held either in a brokerage trust account or a commission trust account, or anticipated to be received,

(A) the names of all licensees on whose behalf the remuneration is being held or is anticipated to be received,

(B) the amount for each such licensee, and

(C) the expected date of pay out, and

(iv) any unclaimed amounts held in a trust account;

(h) a certification of a managing broker, director, officer, partner or sole proprietor of the brokerage in accordance with subsection (3).

(3) For the purposes of subsection (2) (h), the certifying individual must certify the following:

(a) the brokerage has ceased or will cease to carry on the business of the brokerage on the effective date indicated under subsection (2) (e);

(b) the brokerage has given written notice to all related licensees that

(i) the brokerage has ceased or will cease ceasing carry on the business of the brokerage, and

(ii) the licences of the licensees will become inoperative at that time, but may be reinstated in accordance with these bylaws and the rules;

(c) the licences of the brokerage, and the licences of all related licensees that are in the possession of the brokerage, have been or will be returned immediately to the council;

(d) the certifying individual, as trustee of the brokerage’s trust accounts,

(i) will be responsible for paying out all amounts held in trust as referred to in subsection (2) (f), and

(ii) will immediately inform the council as each trust account balance reaches zero;

(e) the certifying individual has arranged for the brokerage records to be kept as required by section 8-11 (e) [records to be retained on winding up] of the rules;

(f) to the best of the certifying individual’s knowledge, all information and statements in the report are true and complete.

Part 5 - Hearing Committee Practice and Procedure

Pre-hearing conference

5-1 (1) At the request of the respondent or legal counsel for the council, or on his or her own initiative, the chair, the vice-chair, the executive officer, or any staff member with delegated authority to do so, may order a pre-hearing conference at any time before a hearing commences.

(2) When a conference has been ordered under subsection (1), the person so ordering must

(a) set the date, time and place of the conference and notify the parties, and

(b) designate a hearing committee member to preside at the conference.

(3) Legal counsel for the council must be present at the conference.

(4) The respondent may attend the conference in person, through legal counsel or both.

(5) If the respondent fails to attend the conference, the hearing committee member presiding may proceed with the conference in the absence of the respondent and may make any order under subsection (8) if the hearing committee member presiding is satisfied that the respondent had notice of the conference.

(6) Any person may participate in a conference by telephone or by any other means of communication that allows all persons participating to hear each other, and a person so participating is present for the purpose of subsection (3).

(7) The conference may consider

(a) the possibility of agreement on facts or simplification of the issues in order to facilitate the hearing,

(b) the necessity or desirability of amendments to the notice of hearing,

(c) the discovery and production of documents,

(d) the possibility that privilege or confidentiality might require that all or part of the hearing be closed to the public, or that exhibits and other evidence be excluded from public access,

(e) setting a date for the hearing,

(f) any application by counsel for the  council to withhold the identity or locating particulars of a witness, and

(g) any other matters that may aid in the disposition of the matter.

(8) On application of the respondent or counsel for the council, or on his or her own initiative, the hearing committee member presiding may make an order

(a) for discovery and production of documents,

(b) to withhold the identity or contact information of a witness,

(c) to adjourn the conference or the hearing generally or to a specified date, time and place,

(d) for severance of allegations or joinder of hearings,

(e) for disclosure of the details of the circumstances of professional misconduct alleged in a notice of hearing, or

(f) concerning any other matters that may aid in the disposition of the matter.

[01/21/2019 subsection 5-1(1) amended effective 01/21/2019]

[01/21/2019 subsection 5-1(2) amended effective 01/21/2019]

 

Adjournment of hearing

5-2 (1) Before a hearing commences:

(a) If no hearing committee has been appointed, legal counsel for the council may adjourn the hearing, and shall promptly so notify the respondent;

(b) If a hearing committee has been appointed, the respondent or legal counsel for the council may request that the hearing be adjourned by delivering written notice setting out the reasons for the request to the chair and to the other party.

[01/21/2019 subsection 5-2(1)amended effective 01/21/2019]

(2) Before a hearing commences, the chair must decide whether to grant the adjournment requested under 5-2(1)(b), with or without conditions, and advise the parties accordingly.

[01/21/2019 subsection 5-2(2) amended effective 01/21/2019]

(3) The chair may designate another hearing committee member to make a determination under subsection (2).

(4) After a hearing has commenced, the chair of the hearing committee may adjourn the hearing, with or without conditions, generally or to a specified date, time and place.

 

Notice to admit

5-3 (1) At any time, but not less than 45 days before a date set for the hearing, the respondent or counsel for the council may request the other party to admit, for the purposes of the hearing only, the truth of a fact or the authenticity of a document.

(2) A request made under subsection (1) must

(a) be made in writing in a document clearly marked “Notice to Admit”, and

(b) include a complete description of the fact, the truth of which is to be admitted, or attach a copy of the document, the authenticity of which is to be admitted.

(3) A party may make more than one request under subsection (1).

(4) A respondent or counsel for the council who receives a request made under subsection (1) must respond within 21 days.

(5) The time for response under subsection (4) may be extended by agreement of the parties or by an order under section 5-1 [pre-hearing conference] of these bylaws.

(6) A response under subsection (4) must contain one of the following in respect of each fact described in the request and each document attached to the request:

(a) an admission of the truth of the fact or the authenticity of the document attached to the request;

(b) a statement that the party making the response does not admit the truth of the fact or the authenticity of the document, along with the reasons for not doing so.

(7) If a party does not admit the truth of a fact or the authenticity of a document under subsection (6) and the truth of the fact or authenticity of the document is proven in the hearing, the panel may consider the refusal when exercising its discretion respecting costs under section 44 [Enforcement expenses and discipline penalties] of the Act.

(8) A party who has admitted the authenticity of a document under subsection (6) may withdraw the admission with the consent of the other party or with leave granted on an application

(a) before the hearing has begun under section 5-1 [Pre-hearing conference] of these bylaws, or

(b) after the hearing has begun, to the hearing committee.

 

Preliminary matters

5-4 (1) Before hearing any evidence on the allegations set out in the notice of hearing, the hearing committee must determine whether

(a) the notice of hearing was served in accordance with the Act and section 2-18 [Effective delivery to licensees] of the rules, or

(b) the respondent waives any of the requirements of section 2-18 of the rules.

(2) If the requirements of section 2-18 [Effective delivery to licensees] of the rules have been met, or have been waived by the respondent, the notice of hearing or a copy of it must be filed as an exhibit at the hearing, and the hearing may proceed.

(3) Despite subsection (1), before the hearing begins, the hearing committee may receive and consider

(a) the notice of hearing,

(b) an agreed statement of facts,

(c) an admission made or deemed to be made under section 5-3 [Notice to admit] of these bylaws,or

(d) any other document or evidence by agreement of the parties.

[01/23/2017 part 5 added effective 01/23/2017]

Part 6 - Publication

General

6-1 (1) All publications issued under this section shall be in accordance with the applicable provisions in the Act and any other relevant legislation, the rules and regulation made under the Act, and council policies.

(2) If an appeal of a decision is filed with the Financial Services Tribunal under section 54 of the Act, any publication of the decision will include a notice that an appeal has been filed and, if applicable, that the decision has been stayed.

Notices of Hearing

6-2   Unless a hearing committee makes an order restricting, prohibiting or delaying its publication, the council will publish the Notice of Hearing no later than 21 days prior to the date scheduled for the hearing.

Hearing Decisions

6-3   Unless the hearing committee makes an order restricting, prohibiting or delaying its publication, the council will publish a decision of the hearing committee as soon as practicable following the issuance of the written reasons.

Permanent Licence Surrender

6-4   If a Notice of Hearing has been issued and the licensee agrees, in exchange for the hearing not proceeding, to surrender their licence and never to reapply for a licence, the council will publish a notice containing the allegations in the Notice of Hearing and the fact the licensee has permanently surrendered their licence in return for the hearing not proceeding.

Alternative Complaint Resolution

6-5   The council may publish anonymized summaries of complaints and investigations that were resolved without disciplinary action for the education of licensees and the public.

Conditions or Restrictions on a Licence

6-6The council will publish in its licensee directory any conditions consented to by a licensee or ordered by a hearing committee, unless the hearing committee made an order restricting or prohibiting their publication.

Licensing Fees And Assessments under the Bylaw Of The Real Estate Council Under Section 85 Of The Real Estate Services Act

1 Definitions

In this bylaw:

Act means the Real Estate Services Act;

application for a licence has the same meaning as in section 8 of the Act;

council means the real estate council.

2 Licensing fees and assessments

(1) The following fees must be paid to the council at the time of application for a licence:

(a) for processing an application for a new licence, $100;

(b) for processing an application for licence renewal, licence amendment or licence reinstatement, $50;

(c) in addition to any licence fees established by the regulations, for every

(i) new licence,

(ii) licence renewal,

(iii) licence amendment, other than a change of name or address, or

(iv) licence reinstatement

(A) under section 22 (2) [reinstatement after person ceases to be engaged by brokerage] of the Act,

(B) under section 116 (5) [reinstatement after person provides required security] of the Act, or

(C) under section 10.7 (3) [reinstatement after ceasing to maintain corporate attributes] of the regulation, or

(D) following voluntary surrender of the licence to the council,

 a licence fee in the amount of $50;

(d) in the case of a new licence or licence renewal, the following applicable assessment to cover the expenses of the council for its operations and for matters under its administration:

(i) in respect of a brokerage licence, $500;

(ii) in respect of a managing broker’s licence, $500;

(iii) in respect of an associate broker’s licence, $500;

(iv) in respect of a representative’s licence, $500.

[09/09/2008 subsection (1) repealed and the above subsection (1) substituted effective 11/01/2008]

[03/10/2009 subsection (1) repealed and the above subsection (1) substituted effective 07/01/2009]

[09/20/2011 subsection (1) repealed and the above subsection (1) substituted effective 01/01/2012]

[09/22/2015 subsection (1) repealed and the above subsection (1) substituted effective 01/01/2016]

[01/23/2018 subsection (1) repealed and the above subsection (1) substituted effective 04/01/2018]

(2) The fees and assessments under subsection (1) (c) and (d) are refundable if the licence is not issued, renewed, amended or reinstated, as applicable.

Consolidation And Revision Of Bylaws And Rules Bylaw under the Bylaw Of The Real Estate Council Under Section 85.1 Of The Real Estate Services Act

1 Definitions

In this bylaw:

Act means the Real Estate Services Act;

council means the real estate council;

rules means the rules under the Act issued by the council.

2 Omission of spent provisions

(1) The council, under the authority of subsection 85.1(1)(a) of the Act, omits as spent Part 10 [Transition] of the rules.

[07/20/2010 Bylaw created effective 07/22/2010]

3 Corrections 

(1) The council, under the authority of s. 85.1(1)(c) of the Act modifies section 2-9(2)(a) of the rules by deleting the words “section 2-8(1)(b)” and substituting therefor “section 2-8(1)(c)”.

[12/15/2012 Bylaw created effective 01/01/2013]