The following Information Bulletin is printed in its entirety.

Summary: An industry member must not engage in conduct that undermines public confidence in the industry, harms the integrity of the industry, or brings the industry into disrepute. [See: Real Estate Act Rules s.38(d), s. 42(g]

Conduct of industry members not directly associated with a trade in real estate, deal in mortgages, real estate appraisal or the provisions of services, may constitute conduct deserving of sanction when such conduct undermines public confidence in the industry, harms the integrity of the industry or brings the industry into disrepute. [Real Estate Act Rules, s. 42(g)].

The Real Estate Council of Alberta (RECA) recognizes the conduct of an industry member outside of their industry activities affects the public’s respect for the industry. There is a broad range of activity that could fall into this category with varying degrees of seriousness and impact on the industry overall. In some cases, industry members who engage in such conduct may also be subject to suspension or cancellation of their licence [Real Estate Act Rules, s. 38(d)]. The seriousness of the conduct, and its impact on the integrity of the industry, will be considered in determining how such conduct will be viewed by RECA.

The following is a list of examples of conduct that may be a breach of section 42(g) of the Real Estate Act Rules:

• misconduct in another occupation, industry or profession.
• defaming or harming the reputation of a client, member of the public or another industry member by verbal or written statement.
• a disregard for the welfare of members of the public served by industry members.
• destroying documents, threatening a witness or in any way interfering with an investigation or legal proceeding.
• illegal or criminal activities e.g. theft, assault, money laundering, drug dealing, tax evasion, breach of trust, grow-ops etc.
• membership in a criminal or illegal organization.
• swearing a false affidavit or declaration.
• providing false evidence (perjury) in civil or criminal proceedings.
• defaming or harming the reputation of a hearing panel member, appeal panel member or any representative of the Real Estate Council of Alberta by verbal or written statement.

As the courts or other regulatory or law enforcement bodies may be involved in these types of cases, RECA may not commence an investigation into the conduct of the industry member until the appropriate court or regulatory body renders a judgment or decision in the matter. RECA’s approach will depend on the circumstances of each case and public interest considerations.

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