Changes to Real Estate Council General Bylaws
On January 23, 2017 amendments to the Real Estate Council’s General Bylaws took effect. The amendments introduce new defined terms for the Bylaws, provide for the establishment of Council committees, and for the establishment of procedures and practices with respect to Council hearings.
|Real Estate Council General Bylaws||Description|
These additions provide definitions for terms introduced as part of amendments to sections 3-7 and Part 5 of the General Bylaws.
3-7 In addition to any council committees established by the council, the Chair and Vice Chair may jointly establish council committees as they consider advisable and may jointly appoint individuals to those committees as provided in section 84 (2) (d) of the Act.
(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:
(2) The chair and vice-chair of the council may jointly:
(3) The chair or vice-chair of the council may appoint individuals to a consent order review committee or a hearing committee to consider a particular matter or matters.
Amendments to section 3-7 of the General Bylaws provide for the establishment of council committees, and the appointment of individuals to these committees.
5-1 (1) At the request of the respondent or counsel for the council, or on his or her own initiative, the chair may order a pre-hearing conference at any time before a hearing commences.
(2) When a conference has been ordered under subsection (1), the chair 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.
Adjournment of hearing
5-2 (1) Before a hearing commences, 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.
(2) Before a hearing commences, the chair must decide whether to grant the adjournment, with or without conditions, and advise the parties accordingly.
(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.
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.
Part 5 of the General Bylaws provides for the establishment of procedures related to the administration of hearings by the council, including pre-hearing conferences, adjournments, notices to admit, and preliminary matters.