RECA recognizes occupational standards of other jurisdictions

Effective April 1, 2009, the Real Estate Council of Alberta (RECA) will recognize the occupational standards of real estate industry members from a number of Canadian jurisdictions. RECA will also recognize the occupational standards of mortgage industry members who are currently licensed or eligible for re-licensing in Ontario or British Columbia.

Council approved the policy change at its February 4, 2009 meeting. The change is a direct result of two trade agreements Alberta has signed.

Trade and Labour Mobility Agreements

The Agreement on Internal Trade (AIT), which originally came into effect on July 1, 1995, is the agreement by which federal, provincial and territorial governments agree to remove or reduce inter-provincial barriers to the movement of workers, goods, services and capital. Chapter 7 of the AIT is the Labour Mobility Chapter, which requires occupations and professions regulatory organizations to recognize the qualifications of “workers” in other jurisdictions who wish to relocate to a new jurisdiction.

Following implementation of AIT, expectations were that regulators would voluntarily work towards recognizing workers from the other jurisdictions and would establish common competencies and qualifications to remove inter-provincial trade and labour mobility barriers. In September 2006, Trade Ministers from across Canada agreed to establish April 1, 2009 as a deadline to ensure compliance by all regulatory bodies with AIT’s Chapter 7 labour mobility provisions.

On April 28, 2006, Alberta and British Columbia signed a groundbreaking agreement to remove additional barriers to trade, investment and labour mobility between the two provinces. Under the Trade, Investment, and Labour Mobility Agreement (TILMA), Alberta will have reciprocity with British Columbia for real estate and mortgage broker industry members. TILMA provisions are to be in place and effective as of April 1, 2009.

Both agreements were designed to promote an open, efficient and stable domestic market for long-term job creation, economic growth and stability through the elimination of barriers to the free movement of persons, goods, services and investments within Canada (AIT) and between Alberta and B.C. (TILMA).

Since 2002, a number of Canadian real estate regulators had provided for labour mobility through a mutual recognition agreement by reducing the licensing requirements for licensed individuals transferring from participating provinces. However, in the months leading up to the implementation of the AIT and TILMA, it became apparent that the Council’s policies with respect to the required Extra-Jurisdictional Exam, would likely be seen as barriers to compliance with AIT and/or TILMA.

Occupational Standards

RECA defines licensing reciprocity as the recognition of occupational standards from other jurisdictions that have occupational standards.

Applicants from jurisdictions with occupational standards will be eligible for licensing reciprocity without additional education requirements; however, individuals are required to purchase a package of information on Alberta-specific issues and to sign a declaration (included in the licence application) that acknowledges their obligation to:
(a) know, understand and practice in strict accordance with the Real Estate Act of Alberta including the Regulations and Rules;
(b) familiarize themselves with the laws of Alberta as they apply to the business of an industry member;
(c) only engage in work or provide services when they are competent to do so; and,
(d) abide by any restrictions or conditions that may be imposed upon the issuance of their licence (restrictions related to specific areas of practice or educational requirements addressing practice issues unique to Alberta).

Additional education requirements may be necessary if the previous jurisdiction did not have occupational standards for a specific specialty area of practice, such as property management in the real estate sector. If the previous jurisdiction does not license property managers or have occupational standards for property management activities, once in Alberta, the applicant would be required to complete education requirements related to property management or have their licence restricted from conducting property management activities.

Recognition of an applicant’s occupational standards from another jurisdiction does not exempt the applicant from RECA’s Re-licensing Education Program for the current licensing period for the applicable class of licence. In addition, it does not exempt the applicant from any other requirements for licensing and registration with RECA, such as provision of a certified criminal record check. RECA’s policy with respect to CCRCs may be found on its website at:
http://www.reca.ca/licences_forms/criminal_check.htm

Real Estate Applicants

RECA will recognize the occupational standards of real estate industry members who are licensed or eligible for re-licensing in the following Canadian jurisdictions, though there may be additional education requirements after initial licensing if there are specific occupational issues that have not been addressed in the originating jurisdiction.

1. British Columbia
                           
2. Saskatchewan
3. Manitoba                                     
4. Ontario
5. Quebec
                                  
6. New Brunswick
7. Nova Scotia
                                 
8. Prince Edward Island
9. Yukon Territories

RECA will also recognize the occupational standards of the following U.S. states:

1. Colorado
                                        
2. Georgia
3. Montana
                                             
4. Oregon
5. South Dakota
                                   
6. Utah

Once authorized under the occupational standards recognition policy, real estate industry members have 120 days to complete the 6-hour online course, Understanding Designated Agency and Transaction Brokerage, which is available through the RECA website at www.reca.ca. This course is a requirement for re-licensing in Alberta and failure to complete the course will result in licence suspension and/or cancellation.

Mortgage Broker Applicants

RECA will recognize the occupational standards of mortgage broker industry members who are licensed or eligible for re-licensing in the following Canadian jurisdictions:

1. British Columbia
2. Ontario

Other Jurisdictions

Individuals who make application to become licensed in Alberta from any jurisdiction not listed above must complete the applicable licensing education requirements.

Since 2006, RECA has not received any licence applications from individuals from jurisdictions that do not meet the pre-determined occupational standards. From January 1, 2006 to December 31, 2008, RECA approved licensing reciprocity, under the former policy, for 180 individuals: 86 individuals from British Columbia, 17 from Saskatchewan, 8 from Manitoba, 62 from Ontario, 6 from Nova Scotia and 1 from New Brunswick. RECA does not anticipate that applications from individuals from jurisdictions without occupational standards will become an issue.

In addition to its offering of licensing reciprocity to applicants from jurisdictions that meet the occupational standards, Council will approach the Minister of Service Alberta and ask that the Minister approach her counterparts across the country in the jurisdictions that do not meet the common education standards in an effort to have other jurisdictions raise their occupational standards to the common level.

For more information about the application process for licensing reciprocity, please click here.

 

 

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