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:

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.]

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.

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.

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.

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.

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

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.

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.

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.

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.]

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.]

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.

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.]

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.]

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.]

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.

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.

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.]

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.

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.]

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.]

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.]