 Discipline > Disciplinary Action
In addition to the information provided below, the Real Estate Council of Alberta has produced additional resources for industry members about its disciplinary processes, including:
After the Investigation: Decisions and Hearing Processes
Information for Unrepresented Industry Members Before RECA Hearing Panels
Hearing and Appeal Practice and Procedures Guidelines
Flow chart outlining RECA's Conduct Proceedings
Overview
Following an investigation, the executive director of RECA may decide to:
- take no further action, if the complaint is frivolous or there is insufficient evidence of conduct deserving of sanction.
- issue a letter of reprimand.
- impose an administrative penalty.
- refer the matter to a Hearing Panel.
- refer the matter for prosecution in the courts, i.e. if the matter relates to a person carrying on business without a required licence or for a repeated breach of the Real Estate Act.
Hearings
Hearing Panels made up of three people - members of council and the industry -conduct disciplinary hearings as to whether an industry member's conduct is deserving of sanction under the Real Estate Act. At a hearing, a Hearing Panel considers evidence and makes its decision. The panel has the right to examine witnesses under oath and has many of the powers of the court for the trial of civil actions.
The Real Estate Council of Alberta has developed informational materials: Information for Unrepresented Industry Members Before RECA Hearing Panels and Disciplinary Decisions and Hearing Processes to assist industry members who find themselves involved in the RECA disciplinary process. Industry members are also welcome to call RECA for more information should they find themselves involved in the RECA hearing and/or appeal process.
Hearing Panel members are guided by the Hearing and Appeal Practice and Procedures Guidelines.
Range of Outcomes
If a Hearing Panel finds that an industry member’s actions constitute conduct deserving of sanction, the panel may order one or more of the following sanctions:
- reprimand an industry member
- fines up to $25,000 for each finding
- payment of investigation and hearing costs
- suspension of, cancellation of, or conditions upon the industry member’s authorization to trade in real estate, deal in mortgages, or act as a real estate appraiser in Alberta
- any other order agreed to by both sides
The Hearing Panel may also require the industry member to complete educational courses.
Please note that the Real Estate Council of Alberta has no ability to assist in the recovery of consumers’ deposits or other funds. Action must be pursued through the courts.
All RECA disciplinary actions are posted on the RECA website in accordance with section 55 of the Real Estate Act and in accordance with the Guidelines for the Publication of Enforcement Action.
Right to Appeal
Under the Real Estate Act, industry members have the right to appeal a decision of a Hearing Panel to an Appeal Panel. The executive director has the same right. Industry members or the executive director can then appeal a decision of an Appeal Panel to the courts.
Other rights of appeal also exist. For example, if the executive director decides to take no further action following an investigation, complainants who disagree with that decision may have the right to appeal it to a Hearing Panel. However, if the Hearing Panel determines the complaint is frivolous or vexatious, it may order the complainant to pay costs to the Real Estate Council of Alberta. There is also a requirement that security for costs be posted in advance of an appeal.
Temporary Order
The Real Estate Council of Alberta may temporarily suspend the authorization of an industry member or temporarily impose conditions or restrictions on an industry member and his/her carrying on of business pending the outcome of conduct proceedings under the Real Estate Act.
Industry Member May Withdraw from the Industry
An industry member who is the subject of an investigation or disciplinary hearing may apply to the Real Estate Council of Alberta to withdraw from the industry. If Council approves the application, all proceedings against the industry member are discontinued. However, a withdrawal of the industry member is permanent and such individuals are banned for life from returning to the industry. All lifetime withdrawals from the industry can be found here.
Flow chart outlining RECA's Conduct Proceedings
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