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"Point in Time" Regulation Content

Real Estate Services Act

Real Estate Services Rules

B.C. Reg. 209/2021

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 April 1, 2023
February 1, 2024
July 1, 2024
Section 6 July 1, 2024
Section 11 January 3, 2023
Section 26 April 1, 2023
February 1, 2024
July 1, 2024
Section 27 July 1, 2024
Section 30 February 1, 2024
Section 40 April 1, 2023
Part 4 Division 4 Section 42.1 to 42.4 April 1, 2023
Section 51 July 1, 2024
Section 52 January 3, 2023
Section 53 July 1, 2024
Section 54 January 3, 2023
Section 57.1 January 3, 2023
Section 71 October 1, 2022
Section 75 February 1, 2024
Section 75.1 February 1, 2024
Section 83 February 1, 2024
Section 84 January 3, 2023
February 1, 2024
Section 93 February 1, 2024
Division 4 Section 93.1 and 93.2 February 1, 2024
Section 95 July 1, 2024
Section 97 July 1, 2024

 Section 1 definition of "real estate team" was added by BC Reg 193/2022, effective April 1, 2023.

 Section 1 definition of "personal information" was added by BC Reg 260/2023, effective February 1, 2024.

 Section 1 definition of "family partner" BEFORE repealed by BC Reg 101/2024, effective July 1, 2024.

"family partner" means a person who is living and cohabiting with a licensee in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;

 Section 1 definition of "spouse" was added by BC Reg 101/2024, effective July 1, 2024.

 Section 6 (2) (c) (ii) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(ii) one of only 2 shareholders of the corporation, the other of whom is the spouse or family partner of the managing broker.

 Section 11 (4) (part) BEFORE amended by BC Reg 221/2022, effective January 3, 2023.

(4) Without limiting subsection (2) (a), an applicant is considered to have the experience and training referred to that subsection if the applicant

 Section 26 (2) (c) (xii) to (xvi) were added by BC Reg 193/2022, effective April 1, 2023.

 Section 26 (2) (d) (xii.1) to (xii.3) were added by BC Reg 193/2022, effective April 1, 2023.

 Section 26 (2) (a) (xiv) was added by BC Reg 260/2023, effective February 1, 2024.

 Section 26 (2) (d) (xii.4) and (xix) were added by BC Reg 260/2023, effective February 1, 2024.

 Section 26 (1) and (2) (part) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(1) For the purposes of section 56 (1) [designated contraventions and penalty amounts] of the Act, contraventions of these rules listed in subsection (2) of this section are designated contraventions to which Division 5 [Administrative Penalties] of Part 4 [Discipline Proceedings and Other Regulatory Enforcement] of the Act applies.

(2) Designated contraventions of these rules are divided into the following 4 categories for the purpose of determining the amount of the administrative penalty:

 Section 26 (2) (a) (part), (b) (part), (c) (part) and (d) part) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(a) Category A consists of the following:

(b) Category B consists of the following:

(c) Category C consists of the following:

(d) Category D consists of the following:

 Section 26 (2) (a) (v) BEFORE repealed by BC Reg 101/2024, effective July 1, 2024.

(v) section 75 [annual financial statements, accountant's report and brokerage activity report];

 Section 26 (2) (b) (iv.1, (v.1) and (x) to (xv), (b.1) and (b.2), (c) (x.1) and (xvii) to (xxii), (c.1) and (c.2), (d) (iii.1) and (xii.31), (d.1), (d.2) and (e) to (g) were added by BC Reg 101/2024, effective July 1, 2024.

 Section 27 (1) to (4) (parts) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(1) For each contravention of a rule listed in Category A in section 26 (2) (a), the amount of the administrative penalty is as follows:

(2) For each contravention of a rule listed in Category B in section 26 (2) (b), the amount of the administrative penalty is as follows:

(3) For each contravention of a rule listed in Category C in section 26 (2) (c), the amount of the administrative penalty is as follows:

(4) For each contravention of a rule listed in Category D in section 26 (2) (d), the amount of the administrative penalty is as follows:

 Section 27 (4) (b) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(b) an additional $250 for each day or part of a day on which the contravention of the specified rule continues up to the maximum amount under section 56 [designated contraventions and penalty amounts] of the Act.

 Section 27 (5) and (6) were added by BC Reg 101/2024, effective July 1, 2024.

 Section 30 (j) BEFORE amended by BC Reg 260/2023, effective February 1, 2024.

(j) without limiting the requirements of Division 2 [Disclosures] of Part 5 [Relationships with Principals and Parties], if a conflict of interest does exist, promptly and fully disclose the conflict to the client.

 Section 40 (5) BEFORE amended by BC Reg 193/2022, effective April 1, 2023.

(5) If the superintendent approves a team name for a group of related licensees, real estate advertising may also identify the group by that team name.

 Section 40 (6) and (7) were added by BC Reg 193/2022, effective April 1, 2023.

 Part 4, Division 4, sections 42.1 to 42.4, was added by BC Reg 193/2022, effective April 1, 2023.

 Section 51 definition of "associate", paragaraph (a) (i) to (iii) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(i) a spouse or family partner of the licensee,

(ii) a trust or estate in which the licensee, or a spouse or family partner of the licensee, has a substantial beneficial interest or for which the licensee, spouse or family partner serves as trustee or in a similar capacity, or

(iii) a corporation, partnership, association, syndicate or unincorporated organization in respect of which the licensee, or a spouse or family partner of the licensee, holds not less than 5% of its capital or is entitled to receive not less than 5% of its profits;

 Section 52 (1) (b) BEFORE amended by BC Reg 221/2022, effective January 3, 2023.

(b) subject to subsection (2), be separate from a service agreement or any other agreement under which real estate services are provided and separate from any agreement giving effect to a trade in real estate.

 Section 52 (2.1) was added by BC Reg 221/2022, effective January 3, 2023.

 Section 53 (2) (a) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(a) the real estate is rental real estate that is being acquired by the licensee, or a spouse or family partner of the licensee, with the intention that the licensee, spouse or family partner will use the real estate for personal residential purposes during the term of the lease,

 Section 54 (2) (c) was added by BC Reg 176/2022, effective January 3, 2023.

 Section 57.1 was enacted by BC Reg 176/2022, effective January 3, 2023.

 Section 71 was repealed by BC Reg 193/2022, effective October 1, 2022.

 Section 75 (2) (b) (ii) BEFORE amended by BC Reg 260/2023, effective February 1, 2024.

(ii) if authorized under subsection (3), a notice to reader prepared by an accountant.

 Section 75 (3) (part) and (4) BEFORE amended by BC Reg 260/2023, effective February 1, 2024.

(3) The superintendent may authorize a brokerage to file financial statements that have been subject to a notice to reader prepared by an accountant if all of the following conditions are met:

(4) An accountant who, under subsection (2), audits or reviews the financial statements or prepares a notice to reader in relation to the financial statements, or who completes the accountant's report referred to in subsection (1) (b), must be independent of the brokerage and of any director, officer or partner of the brokerage or a related licensee of the brokerage.

 Section 75 (5) (c) BEFORE amended by BC Reg 260/2023, effective February 1, 2024.

(c) provide the accountant with any other information the accountant considers necessary to enable the accountant to conduct the audit, review the financial statements, prepare the notice to reader or complete the accountant's report, as required by this section.

 Section 75.1 was enacted by BC Reg 260/2023, effective February 1, 2024.

 Section 83 (1) (a) BEFORE amended by BC Reg 260/2023, effective February 1, 2024.

(a) written disclosures under Division 2 [Disclosures] of Part 5 [Relationships with Principals and Parties] or Part 9 [Licensee Exemptions] and any related acknowledgments;

 Section 83 (1) (c.1) was added by BC Reg 260/2023, effective February 1, 2024.

 Section 84 (1) (c) was added by BC Reg 176/2022, effective January 3, 2023.

 Section 84 (1) (a.1) was added by BC Reg 260/2023, effective February 1, 2024.

 Section 93 (c) BEFORE amended by BC Reg 260/2023, effective February 1, 2024.

(c) if requested by the superintendent, submit to the superintendent one or more of the financial statements and reports required under section 75 [annual financial statements, accountant's report and brokerage activity report];

 Division 4, sections 93.1 and 93.2 were enacted by BC Reg 260/2023, effective February 1, 2024.

 Section 95 (1) (a) (i) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(i) to or on behalf of the licensee's spouse, family partner, child or parent, in relation to rental real estate owned by that other person,

 Section 95 (1) (a) (ii) (B) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(B) a spouse or family partner of the licensee;

 Section 95 (2) (b) (i) and (ii) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(i) the spouse, family partner, child or parent to or on behalf of whom the licensee is providing the services, or

(ii) in the case of services provided to or on behalf of a partnership or corporation, each spouse, family partner, child or parent who is a partner or shareholder;

 Section 97 (2) (part) BEFORE amended by BC Reg 101/2024, effective July 1, 2024.

(2) The Act and these rules do not apply to the licensee in relation to the acquisition of real estate for the use of the licensee or the spouse or family partner of the licensee, or the disposition of real estate owned by the licensee or the spouse or family partner of the licensee, if the licensee does all of the following: