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"Point in Time" Regulation Content

Real Estate Services Act

Real Estate Services Regulation

B.C. Reg. 506/2004

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 1.1 August 1, 2021
Section 2.3 October 4, 2010
Section 2.7 October 5, 2015
Section 2.20 April 1, 2017
Part 2 Division 5 August 1, 2021
Section 4.01 August 1, 2021
Section 4.1 August 1, 2021
Section 4.2 August 1, 2021
Section 4.3 August 1, 2021
Section 4.4 August 1, 2021
Section 4.5 August 1, 2021
Section 4.6 August 1, 2021
Part 4 Division 3 September 30, 2016
Section 5.1 April 1, 2021
Section 5.2 April 1, 2021
Section 5.3 April 1, 2021
Section 6.1 September 30, 2016
Section 6.3 May 16, 2016
September 30, 2016
Section 6.4 October 25, 2016
Section 6.5 October 25, 2016
Part 6 August 1, 2021
Part 6.1 September 30, 2016
Part 6.1 August 1, 2021
Part 6.2 Section 6.2.1 August 1, 2021
Section 7.01 June 9, 2015
March 11, 2021
Section 8.1 August 1, 2021
Section 8.2 May 16, 2016
August 1, 2021
Part 9 September 30, 2016
Section 10.1 March 18, 2013
Section 10.5 August 1, 2021
Section 10.6 August 1, 2021
Section 10.7 August 1, 2021
Section 10.8 August 1, 2021
Part 11 September 30, 2016
Section 11.1 August 1, 2021
Section 11.2 August 1, 2021
Section 11.3 October 25, 2016
August 1, 2021
Section 11.4 August 1, 2021
Section 11.5 August 1, 2021
Section 11.6 August 1, 2021
Schedule September 30, 2016
Schedule August 1, 2021

 Section 1.1 definition of "address for delivery" BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

"address for delivery" means an address for delivery provided by a licensee to the real estate council in accordance with the rules.

 Section 2.3 (b) and (d) BEFORE amended by BC Reg 269/2010, effective October 4, 2010.

(b) a well to which the Petroleum and Natural Gas Act or the Geothermal Resources Act applies;

(d) a licence, lease or permit under the Coal Act, the Petroleum and Natural Gas Act or the Geothermal Resources Act.

 Section 2.7 (part) BEFORE amended by BC Reg 185/2015, effective October 5, 2015.

Exemption for accountants in relation to purchase and sale of business

2.7   A person who is authorized to practice public accounting under the Accountants (Certified General) Act, the Accountants (Chartered) Act or the Accountants (Management) Act is exempt from the requirement to be licensed under Part 2 of the Act in respect of trading services if all the following apply:

 Section 2.20 (1) (part) BEFORE amended by BC Reg 3/2017, effective April 1, 2017.

(1) In addition to any licence fees established by the real estate council, the applicant for, or holder of, a licence must pay to the superintendent a licence fee in the amount of $50 for every

 Part 2, Division 5 BEFORE re-enacted by BC Reg 208/2021, effective August 1, 2021.

Division 5 — Licence Fees for Superintendent

Licence fees to be collected by real estate council

2.20   (1) In addition to any licence fees established by the real estate council, the applicant for, or holder of, a licence must pay to the superintendent a licence fee in the amount of $150 for every

(a) new licence,

(b) licence renewal,

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

(d) licence reinstatement

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

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

(ii.1) under section 10.7 (3) [reinstatement after failure to maintain corporate attributes] of these regulations, or

(iii) following voluntary surrender of the licence to the real estate council.

(2) The real estate council must collect the amounts owing to the superintendent under subsection (1) and remit the amounts collected to the superintendent.

(3) In respect of fees imposed under this section, the real estate council must

(a) on the request of the minister, the Auditor General or the superintendent, make all records available for audit or inspection, and

(b) submit to the superintendent within 10 business days after the end of each month a fee collection report in a form approved by the superintendent.

[am. B.C. Regs. 544/2004; 17/2008, s. 1; 3/2017.]

 Section 4.01 was enacted by BC Reg 208/2021, effective August 1, 2021.

 Section 4.1 BEFORE renumbered and amended by BC Reg 208/2021, effective August 1, 2021.

Deemed delivery

4.1   A notice of discipline hearing delivered to a licensee at the licensee's mailing address for delivery is deemed to have been received by the licensee 7 days after the date it was mailed.

 Section 4.2 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Enforcement expenses recoverable by the real estate council

4.2   The maximum amounts that a discipline committee may order a licensee or former licensee to pay under section 43 (2) (h) of the Act are as follows:

(a) for investigation expenses, $100 per hour for each investigator;

(b) in addition to amounts under paragraph (a), for an audit carried out during an investigation leading to a hearing,

(i) $150 per hour for an auditor regularly employed by the real estate council, and

(ii) in any other case, $400 per hour;

(c) for reasonably necessary legal services,

(i) $150 per hour for a lawyer regularly employed by the real estate council, and

(ii) in any other case, $400 per hour;

(d) for disbursements properly incurred in connection with the provision of legal services to the real estate council or the discipline committee, the actual amount of the disbursements;

(e) for each full or partial day of hearing, administrative expenses of

(i) $1 000 for a hearing before a discipline committee of one member,

(ii) $1 500 for a hearing before a discipline committee of 3 members, and

(iii) $2 000 for a hearing before a discipline committee of 4 or more members;

(f) for each day or partial day that a witness, other than an expert witness, attends a hearing at the request of the real estate council or a discipline committee, $50;

(g) for an expert witness who attends a hearing at the request of the real estate council or a discipline committee, $400 per hour;

(h) the reasonable travel and living expenses for a witness or expert witness who attends a hearing at the request of the real estate council or a discipline committee;

(i) for other expenses, reasonably incurred, arising out of a hearing or an investigation leading up to a hearing, the actual amount incurred.

 Section 4.3 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Publication of discipline committee orders

4.3   Orders required to be published under section 47 of the Act

(a) must be published by placing a copy of the order on the real estate council's web site, and

(b) in addition, may be published by any other method the real estate council considers appropriate.

 Section 4.4 BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

Enforcement expenses recoverable by the superintendent

4.4   The maximum amounts that the superintendent may order a licensee, former licensee or unlicensed person to pay under section 49 (2) (c) or section 50 (2) (e) of the Act are as follows:

(a) for investigation expenses, $100 per hour for each investigator;

(b) in addition to amounts under paragraph (a), for an audit carried out during an investigation leading to a hearing,

(i) $150 per hour for an auditor regularly employed by the government, and

(ii) in any other case, $400 per hour;

(c) for reasonably necessary legal services,

(i) $150 per hour for a lawyer regularly employed by the government, and

(ii) in any other case, $400 per hour;

(d) for disbursements properly incurred in connection with the provision of legal services to the superintendent, the actual amount of the disbursements;

(e) for each full or partial day of hearing, administrative expenses of $2 000;

(f) for each day or partial day that a witness, other than an expert witness, attends a hearing at the request of the superintendent, $50;

(g) for an expert witness who attends a hearing at the request of the superintendent, $400 per hour;

(h) the reasonable travel and living expenses for a witness or expert witness who attends a hearing at the request of the superintendent;

(i) for other expenses, reasonably incurred, arising out of a hearing or an investigation leading up to a hearing, the actual amount incurred.

 Section 4.5 (part) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

4.5   Orders of the superintendent required to be published under section 53 of the Act

 Section 4.6 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Copying fees payable to superintendent

4.6   A person who requests a copy of an order of the superintendent under section 53 of the Act must pay to the superintendent, at the time of making the request, a fee of $0.50 per copied page.

 Part 4, Division 3 BEFORE repealed by BC Reg 217/2016, effective September 30, 2016.

Division 3 — Administrative Penalties

Designated contraventions

4.7   For the purposes of section 56 (1) [contraventions that may be subject to administrative penalties] of the Act, the following rules are designated as contraventions to which Division 5 of Part 4 of the Act applies:

(a) Rule 2-17 [mailing address for delivery];

(a.1) Rule 2-19 [licensee must reply promptly to council];

(a.2) Rule 2-20 [brokerage must give immediate notice respecting solvency];

(a.3) Rule 2-21 [licensee must give notice of discipline, bankruptcy or criminal proceedings];

(a.4) Rule 2-22 [brokerage must give notice of business changes];

(a.5) Rule 3-1 (3) [managing broker responsibilities], except as it relates to the maintenance of trust accounts;

(a.6) Rule 4-1 [display and keeping of licences];

(b) Rule 4-2 [business signs required];

(c) Rule 4-3 [requirements relating to personal offices];

(d) Rule 4-5 [licensee name must be indicated];

(e) Rule 4-6 [restrictions and requirements related to advertising];

(f) Rule 4-8 [advertising in relation to specific real estate];

(g) Rule 7-7 [annual reporting requirements];

(h) Rule 8-1 [financial records];

(i) Rule 8-2 [trust account and general account records];

(j) Rule 8-3 [pooled trust account records];

(j.1) Rule 8-3.1 [preparation of records after termination];

(k) Rule 8-4 [general records];

(l) Rule 8-5 [trading records];

(m) Rule 8-6 [rental property management records];

(m.1) Rule 8-7.1 [strata management records];

(n) Rule 8-9 [records must be kept up to date];

(n.1) Rule 8-9.1 [electronic records];

(o) Rule 8-10 [retention of records];

(p) Rule 8-11 [brokerage obligations when winding-up business].

[am. B.C. Reg. 87/2009, s. 1.]

Maximum amount of administrative penalties

4.8   The maximum amount of administrative penalty that may be established by any rule made under section 56 (2) of the Act is $1 000.

 Section 5.1 BEFORE amended by BC Reg 103/2021, effective April 1, 2021.

Maximum payment to any one claimant

5.1   For the purposes of section 69 of the Act, the maximum amount that may be paid to a single claimant is $100 000.

 Section 5.2 BEFORE amended by BC Reg 103/2021, effective April 1, 2021.

Limit on payments out of fund

5.2   For the purposes of section 70 (1) of the Act, the maximum total amount that may be paid in respect of claims related to a single brokerage is $500 000.

[am. B.C. Reg. 87/2009, s. 2.]

 Section 5.3 BEFORE amended by BC Reg 103/2021, effective April 1, 2021.

Maximum payment to complete trade or prevent loss

5.3   For the purposes of section 72.2 (2) of the Act, the maximum amount that may be paid in respect of a single trade in real estate is $35 000.

[en. B.C. Reg. 130/2007, s. 2.]

 Section 6.1 BEFORE repealed by BC Reg 217/2016, effective September 30, 2016.

Procedures relating to bylaws and rules

6.1   (1) This section applies to

(a) bylaws under section 84 (2) (b) and (c) of the Act, and

(b) rules under section 86 of the Act.

(2) At least 30 days before making the bylaw or rule, the real estate council must

(a) notify licensees of the proposed bylaw or rule in accordance with subsection (7),

(b) provide them with an opportunity to comment on the proposed bylaw or rule, and

(c) send to the minister and the superintendent a copy of the information referred to in subsection (7).

(3) After the minimum period established by subsection (2) has passed, the real estate council may

(a) make the bylaw or rule as proposed,

(b) make the bylaw or rule with editing changes that do not substantively alter the effect of the bylaw or rule, or

(c) withdraw the proposed bylaw or rule.

(4) For the purposes of subsection (3) (b), a change in the proposed effective date of the bylaw or rule does not substantively alter the effect of the bylaw or rule if the new effective date is a later date than that originally proposed.

(5) In order to make a rule, the real estate council must do this by a vote of not less than 3/4 of the number of members set for the real estate council.

(6) As soon as practicable after making the bylaw or rule, the real estate council must

(a) notify licensees, in accordance with subsection (7), and

(b) send to the minister and the superintendent a copy of the information referred to in that subsection.

(7) A notification to licensees under subsection (2) or (6) must provide

(a) the wording of the proposed bylaw or rule, or the adopted bylaw or rule, as applicable, and

(b) an explanation of its purpose and intended effect.

(8) A notification to licensees required under this section may be effected by publication on the real estate council's web site.

 Section 6.3 was enacted by BC Reg 110/2016, effective May 16, 2016.

 Section 6.3 BEFORE repealed by BC Reg 217/2016, effective September 30, 2016.

Standard terms in contracts prepared for providing trading services

6.3   The real estate council may make rules respecting standard terms about the assignment of a contract for the purchase and sale of real estate required to be included in a proposed contract of that kind prepared by a licensee for consideration by the party to whom or on whose behalf the licensee is providing trading services.

[en. B.C. Reg. 110/2016, s. 1.]

 Section 6.4 was enacted by BC Reg 249/2016, effective October 25, 2016.

 Section 6.5 was enacted by BC Reg 249/2016, effective October 25, 2016.

 Part 6 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Part 6 — Real Estate Council

Repealed

6.1   Repealed. [B.C. Reg. 217/2016, App. s. 2.]

Disposal of real estate council records

6.2   The real estate council must not dispose of records required to be kept under section 88 (1) of the Act before the end of 7 years after the record is, as applicable,

(a) received by the real estate council, or

(b) created by or for the real estate council.

Repealed

6.3   Repealed. [B.C. Reg. 217/2016, App. s. 2.]

Quorum for council meetings

6.4   The quorum for a meeting of the council is a majority of the number of members on the council.

[en. B.C. Reg. 249/2016, s. 1.]

Bylaw amendment procedures

6.5   In order to make a bylaw, the council must do this by a vote of not less than 3/4 of the number of members on the council.

[en. B.C. Reg. 249/2016, s. 1.]

 Part 6.1 was enacted by BC Reg 217/2016, effective September 30, 2016.

 Part 6.1 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Part 6.1 — Rule-making by Superintendent

Procedures relating to rules

6.1.1   (1) This section applies to rules of the superintendent under section 89.2 [superintendent rules] of the Act.

(2) At least 30 days before making a rule, the superintendent must

(a) notify licensees of the proposed rule in accordance with subsection (6),

(b) provide licensees with an opportunity to comment on the proposed rule, and

(c) send to the minister and the real estate council a copy of the information referred to in subsection (6).

(3) After the minimum period established by subsection (2) has passed, the superintendent may

(a) make the rule as proposed,

(b) make the rule with editing changes that do not substantively alter the effect of the rule, or

(c) withdraw the proposed rule.

(4) For the purposes of subsection (3) (b), a change in the proposed effective date of the rule does not substantively alter the effect of the rule if the new effective date is a later date than that originally proposed.

(5) As soon as practicable after making the rule, the superintendent must

(a) notify licensees, in accordance with subsection (6), and

(b) send to the minister and the real estate council a copy of the information referred to in that subsection.

(6) A notification to licensees under subsection (2) or (5) must provide

(a) the wording of the proposed rule, or the adopted rule, as applicable, and

(b) an explanation of its purpose and intended effect.

(7) A notification to licensees required under this section may be given by publication on the superintendent's web site.

[en. B.C. Reg. 217/2016, App. s. 3.]

 Part 6.2, section 6.2.1 was enacted by BC Reg 208/2021, effective August 1, 2021.

 Section 7.01 was enacted by BC Reg 105/2015, effective June 9, 2015.

 Section 7.01 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(3) For certainty, the minister's authority to make an appointment under subsection (2) of this section is in addition to his or her authority to make an appointment under section 91 (1) (d) of the Act.

 Section 8.1 BEFORE re-enacted by BC Reg 208/2021, effective August 1, 2021.

Superintendent's access to annual financial reports for brokerages

8.1   The council must

(a) keep a copy of the annual financial reports filed under the rules for at least 7 years from the date of filing, and

(b) permit the superintendent to access any of those reports during normal business hours.

 Section 8.2 was enacted by BC Reg 110/2016, effective May 16, 2016.

 Section 8.2 (6) (c) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

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

 Part 9 BEFORE repealed by BC Reg 217/2016, effective September 30, 2016.

Part 9 — Transitional Regulations

Division 1 — Real Estate Council Composition

District representation

9.1   (1) Despite section 74 of the Act,

(a) a member of the real estate council who was elected to represent a district as established under the former Act continues in office until the expiry of their elected term of office,

(b) beginning with the election of council members held in the year 2005, and for each of the elections of council members held in the years 2006 and 2007, members are to be elected to represent districts in accordance with the Schedule to this regulation, and

(c) for each of those years, the total number of council members elected to represent districts is the number shown for each of those years.

(2) The limitation in section 77 (2) of the Act does not apply to an individual who is a council member at the time of the coming into force of this section until 6 years after the coming into force of this section.

Strata management representation

9.2   (1) Further to section 134 (3) of the Act, the first council member to hold office under section 76 (3) (j) of the Act [rental property or strata management services member] must be appointed by the real estate council for a term of office beginning at the same time that the council members elected to represent districts begin holding office following the 2005 election of council members.

(2) The council member appointed under subsection (1) must be a licensee who

(a) is licensed to provide rental property management services, and

(b) has been actively engaged in the business of providing strata management services for at least 2 years immediately preceding the date on which the appointment is made.

Division 2 — Manufactured Home Dealers

Transitional exemption for manufactured home dealers

9.3   (1) For the purposes of this section:

"grandparented manufactured home dealer" means a person who was, on December 31, 2004, exempt under the Motor Dealer Exemption Regulation, B.C. Reg. 189/88, from Part 1 of the Real Estate Act, R.S.B.C. 1996, c. 397;

"manufactured home sale services" means trading services related to the disposition of a manufactured home if the disposition does not involve an interest in real estate other than

(a) a month-to-month lease or tenancy agreement, or

(b) the assignment of a month-to-month lease or tenancy agreement

respecting the real estate on which the manufactured home is situated.

(2) A grandparented manufactured home dealer is exempt from the requirement to be licensed under Part 2 of the Act in respect of manufactured home sale services provided before November 1, 2005.

[am. B.C. Reg. 211/2005.]

Division 3 — Strata Management Services

Strata management licensing begins on January 1, 2006

9.4   (1) Section 3 of the Act does not apply in relation to the provision of strata management services until January 1, 2006.

(2) The first rules of the real estate council under section 86 [council rules] of the Act respecting the provision of strata management services, and licensees permitted to provide those services, must be approved by the minister before they are made by the real estate council.

 Section 10.1 definition of "spouse", paragraph (b) BEFORE amended by BC Reg 381/2012, effective March 18, 2013.

(b) is living and cohabiting with the controlling individual in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 Section 10.5 (1) (a) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

(a) evidence satisfactory to the real estate council that the applicant corporation meets all the requirements of section 10.3 [corporate qualifications],

 Section 10.5 (2) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

(2) Without limiting section 13 of the Act, the real estate council may refuse to issue a personal real estate corporation licence if the real estate council considers that it would not, in the circumstances, be in the public interest for real estate services to be provided by the corporation.

 Section 10.6 (2) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

(2) A controlling individual engaged by a personal real estate corporation in accordance with subsection (1) (b) is deemed, for the purposes of the Act, regulations, rules and bylaws, to be engaged by the related brokerage of the corporation, but must not in fact be engaged by that brokerage, or by any other brokerage, to provide real estate services.

 Section 10.6 (3) (c) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

(c) the application of the provisions of the Act, this regulation, and the rules and bylaws to the controlling individual.

 Section 10.7 (3) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

(3) On application of a personal real estate corporation whose licence has become inoperative under subsection (2), the real estate council may reinstate the licence if it is satisfied that the corporation meets all of the requirements of section 10.3.

 Section 10.8 (1) (part) and (4) BEFORE amended by BC Reg 208/2021, effective August 1, 2021.

(1) The real estate council

(4) If the real estate council reinstates a personal real estate corporation licence under section 22 (2) of the Act or section 10.7 (3) of this regulation, it must reinstate, with any necessary amendment, the controlling individual's licence that became inoperative under subsection (3) of this section.

 Part 11 was enacted by BC Reg 217/2016, effective September 30, 2016.

 Section 11.1 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Rules repealed

11.1   Section 2-23 [administrative penalties] and Part 10 [transition] of the rules of the former council, as "former council" is defined in section 137.1 of the Act, are repealed.

[en. B.C. Reg. 217/2016, App. s. 5.]

 Section 11.2 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Bylaws repealed

11.2   Part 2 [election of council members] and section 3-1 [election of chair] of the general bylaws are repealed.

[en. B.C. Reg. 217/2016, App. s. 5.]

 Section 11.3 was enacted by BC Reg 249/2016, effective October 25, 2016.

 Section 11.3 BEFORE repealed by BC Reg 208/2021, effective August 1, 2021.

Bylaws repealed

11.3   Sections 3-3 [quorum for council meetings] and 3-5 (2) [council procedures] of the general bylaws are repealed.

[en. B.C. Reg. 249/2016, s. 2.]

 Section 11.4 was enacted by BC Reg 208/2021, effective August 1, 2021.

 Section 11.5 was enacted by BC Reg 208/2021, effective August 1, 2021.

 Section 11.6 was enacted by BC Reg 208/2021, effective August 1, 2021.

 Schedule BEFORE repealed by BC Reg 217/2016, effective September 30, 2016.

Schedule

Transition for District Representation
on the Real Estate Council

 Number to be elected in 2005 ElectionNumber to be elected in 2006 ElectionNumber to be elected in 2007 Election
Managing
broker members
County of Vancouver2County of Vancouver2County of Vancouver1
County of Victoria1County of Victoria0County of Victoria1
County of Nanaimo0County of Nanaimo1County of Nanaimo0
County of Westminster1County of Westminster (N. of Fraser River)1County of Westminster (N. of Fraser River)0
County of Westminster: (S. of Fraser River)1County of Westminster: (S. of Fraser River)0
County of Yale1County of Yale0County of Yale1
County of Kootenay1Counties of Kootenay, Cariboo and Prince Rupert0Counties of Kootenay, Cariboo and Prince Rupert1
Counties of Cariboo and Prince Rupert1
Representative membersCounty of Vancouver1County of Vancouver0County of Vancouver1
Counties of Victoria and Nanaimo0Counties of Victoria, Nanaimo, Yale, Kootenay, Cariboo and Prince Rupert1Counties of Victoria, Nanaimo, Yale, Kootenay, Cariboo and Prince Rupert0
Counties of Westminster, Yale, Kootenay, Cariboo and Prince Rupert1Counties of Westminster (N. of Fraser River) and Westminster (S. of Fraser River)0Counties of Westminster (N. of Fraser River) and Westminster (S. of Fraser River)1
Total new members to represent districts 9 6 6
Total members representing districts 17 15 12

 Schedule was enacted by BC Reg 208/2021, effective August 1, 2021.