RECA or Real Estate Board Discipline: Legal Representation for Real Estate Brokers in Alberta

In Alberta, licensed real estate brokers (including associate brokers and associates) are regulated by the Real Estate Council of Alberta (“RECA”). If a broker uses the professional designation REALTOR^®, they have also agreed to be bound by their real estate board’s rules, bylaws and code of conduct.

Purchasing real property is a major financial decision. Given the high degree of trust a client or customer places on a real estate broker and the high-value assets involved in real estate transactions, it is not uncommon for a real estate broker to receive a complaint against them filed with RECA or their local real estate board.

For a real estate broker, dealing with either can be a challenging and intimidating task, as their finances, career, and reputation can be at stake. When undergoing a disciplinary process, your preparedness is key, and to strategically prepare yourself, you need to be aware of the procedures, the applicable laws, as well as your legal rights. This article provides some essential information that you should know if you are facing disciplinary scrutiny from either RECA or your local real estate board.

As you read through the rest of this article, please bear in mind that skilled legal representation is highly recommended, even when discipline seems to be only a remote possibility.

Contact Taylor Janis Workplace Law today to schedule a consultation with a seasoned lawyer based in Edmonton or Calgary. We offer tailored legal plans to real estate brokers based in all areas of Alberta.

The Disciplinary Powers: RECA vs. Real Estate Boards

RECA is the Statutory Regulator

Under the current Alberta Real Estate Act (the “Act“), RECA is the regulator (though not a crown agency) of the real estate industry in the province. Licensed real estate professionals (“licensees”) operating in both commercial and residential real estate markets, including real estate brokers, property managers and mortgage brokers, are under the regulatory jurisdiction of RECA.

Hence, if you are a licensed property manager or mortgage broker in Alberta, certain aspects of this article also apply to you, and you can contact Taylor Janis for transparent legal advice and tailored legal plans for all RECA regulatory actions.

The Legally Binding Sanctions:

RECA’s sanctions have legally binding effects on its licensees, and fines or costs ordered by RECA can be enforced through debt actions in courts. The sanctions by RECA can have damaging and disruptive effects on a licensee’s finances, career or even personal life. If RECA determines that the conduct of a licensee is deserving of sanctions, it may order one or more of the following disciplinary measures against a licensee:

• A reprimand;
• Suspension or cancellation of license;
  • Reapplying for a new license may be prohibited for a specified period or subject to conditions.
• Imposition of conditions or restrictions on the license or business of the licensee;                            
• Fines up to $25,000 for each finding of conduct deserving of sanction;
• Recovering from the licensee the costs associated with the conduct proceedings; and
• Any other order agreed to by the parties.

Additionally, before, during or after an investigation into a licensee’s conduct, the RECA’s registrar (the “Registrar”) may order the “freezing” of a licensee’s funds or securities connected to a business transaction of the licensee by ordering a trust or depositing them with the Court of King’s Bench.

Furthermore, Certain violations of the Act are provincial offences, meaning they may attract prosecution within 3 years after the date on which the offence is alleged to have been committed.

The Reputational Damage:

The Act vests RECA with the discretion to publish information respecting its disciplinary actions, and one of the policy goals of RECA is protecting consumers and the integrity of the real estate industry through transparency. Due to the transparent nature of RECA’s disciplinary process and decisions, a licensee’s reputation can be severely damaged as a result.

Under the current RECA Publications Guidelines, all disciplinary decisions are published when the 30-day right of appeal period expires, and a decision may be published sooner if the matter is egregious and earlier publication is in the interest of consumer protection. Furthermore,  published information will remain accessible for 5 years on RECA’s website, and it can be requested by submitting a request form after the 5-year period has elapsed.

Depending on the seriousness of the matter, disciplinary procedures involved, and the sanction ordered, the decisions might be further published on Canadian Legal Information Institute (“CanLii”) websites or other regulatory decision databases, be shared with other regulators, law enforcement, or even through news release to the media or the public.

A REALTOR^® Can Be Disciplined by Their Real Estate Board

All licensed real estate brokers in Alberta are under the regulatory and disciplinary purview of RECA, whereas if you are one of the 15,000 REALTORS^® in Alberta, you have also voluntarily agreed to be bound by the REALTOR^® Code of CREA, as well as the bylaws, rules and regulations of the Canadian Real Estate Association (“CREA”), the Alberta Real Estate Association (“AREA”) and one of the following local real estate boards to which you are a member of:

• AWRA: Alberta West REALTORS^® Association
• CREB: Calgary Real Estate Board
• CARA: Central Alberta REALTORS^® Association
• FMREB: Fort McMurray Real Estate Board
• GPAAR: Grande Prairie & Area Association of REALTORS^®
• LDAR: Lethbridge and District Association of REALTORS^®
• MHREB: Medicine Hat Real Estate Board
• RAE: REALTORS^® Association of Edmonton
• RALD: REALTORS^® Association of Lloydminster & District
• RASCA: REALTORS^® Association of South Central Alberta

CREA, AREA and local real estate boards are voluntary associations at law, and generally, courts tend to be deferential to voluntary associations’ disciplinary decisions pursuant to contract law principles. This means courts often choose not to intervene even when a voluntary association’s disciplinary procedures and reasoning are not perfect. A recent example can be seen in the Redekop decision.

Each local real estate board’s bylaw may differ, but, generally, a CREA member board can sanction a REALTOR^® by:

• Suspending, restricting or terminating a REALTOR^®’s license to use the REALTOR^® designation.
• Placing conditions on a REALTOR^®’s license to use the REALTOR^® designation.
• Suspending, restricting or terminating a REALTOR^®’s access to CREA services.

The REALTOR^® designation carries certain prestige and benefits, and losing such may result in missing important business opportunities in the competitive and fast-moving real estate market. Losing the market information from REALTOR.ca, the customer leads from REALTOR.ca DDF^® and MLS^®, or the administrative and transactional tools provided by CREA WEBForms^® can be critically disruptive to your business. Moreover, the reputational damage done by an adverse disciplinary decision may result in you losing the support from your professional network built within a real estate board.

Regulatory or Not, Being Disciplined Is Damaging

RECA’s regulatory discipline has legally binding effects on a licensed real estate broker, and it can place your finances, career, reputation and license at risk. Though a real estate board’s disciplinary decisions are not regulatory, they tend to be upheld by courts, and they can critically and detrimentally affect your professional reputation and ability to do business as a REALTOR^®.

If you are undergoing a disciplinary process or facing a prospective one, regardless of whether it is with RECA or your real estate board, you should consider engaging legal representation to minimize the risk of financial, career and reputational harm.

The Disciplinary Procedures of RECA & Real Estate Boards

The Conduct Proceedings of RECA

Complaint

Any person can file a complaint against a licensee with RECA, which means a complaint does not necessarily need to come from a real estate broker’s client or customer. During the 2023-2024 fiscal year, RECA has received almost 1,300 complaints. Considering there are currently only about 21,000 licensees under RECA’s regulation, it should not surprise a licensee if they have received a complaint despite having always conducted themselves to high ethical and professional standards.

Notably, complaints can be filed with RECA against a former licensee for their conduct that occurred while they still held a license within a two-year period after the cancellation of their license, and such complaints will start the disciplinary process just like complaints against a current licensee.

Investigation

Once a complaint has been processed, an investigation into the matter will commence unless the complaint lacks necessary particulars; is frivolous, vexatious, about a matter already processed, or outside the jurisdiction of RECA; where the complainant withdraws or does not cooperate with the procedures; or where the complained matter is minor and resolved through an advisory note to the licensee. An Investigation can also commence if the Registrar has other grounds to believe a licensee’s conduct is deserving of sanctions.

An investigation can be a long and intense process for a licensee, whose professional activities and even personal life may be disrupted as a result. The investigator has the authority to:

• Order the disclosure of documents and other evidence, and keep copies of such evidence;
• Demand answers to questions relevant to the investigation, and keep audio or video records of the answers;
• Expand the investigation into other matters related to the licensee’s other business activities that arise in the course of the investigation; and
• Suspend the license of a licensee who refused to cooperate with the investigation.

At the conclusion of an investigation, if it is determined that there is sufficient evidence of conduct deserving of sanction, depending on the nature of the conduct, the matter would either be referred to a Hearing Panel or attract a reprimand or administrative penalty not exceeding $25,000. It is important to know that hearing notices, reprimands and administrative penalties are published on RECA’s website, and hence, an adverse investigation outcome can lead to profound reputational damage.

You have a legal duty to cooperate under investigation, but you should avoid inadvertently jeopardizing your case. You should preferably consult a lawyer as early as possible to get informed about your rights and avoid legal pitfalls.

Hearing at a Hearing Panel

A Panel Hearing by RECA is a quasi-judicial procedure which comes with substantial procedural complexities and often requires intensive preparation.

• Normally, a hearing must be scheduled within 60 days after the matter is referred to the Hearing Panel, and notice to the licensee may be given as late as 15 days before the hearing. Hence, the time to prepare is severely limited.
• A hearing is open to the public, including the media, unless it is under the rare circumstance where privacy concerns outweigh the desirability of open hearings. Hence, reputational damage can radiate through the hearing process.
• The process is largely court-like.
  • The Registrar and the licensee are expected to submit evidence as well as their legal and factual positions orally, in writing or both. The Registrar is represented by legal counsel, and a licensee has a statutory right to counsel, too.
  • The Hearing Panel has the same power to summon and compel witnesses as the Court of King’s Bench in a civil trial, and the investigated licensee is a compellable witness, and may be subject to intense examinations (scrutinized by questions).
  • Refusing to testify when compelled or giving misleading testimony may result in legal sanctions, namely, civil contempt of court or perjury.

Admission of Conduct & Withdrawal from Membership

An alternative to going through the entirety of conduct proceedings is to submit a statement of admission of conduct deserving of sanction after the commencement of conduct proceedings, but before the decision is finalized. Another alternative is for a licensee to withdraw from membership. However, these options should not be exercised lightly without fully considering their legal implications, nor do they guarantee lighter sanctions.

• An admission of conduct or withdrawal from membership might be rejected by RECA because of the rules found in the Act and Bylaws.
• An admission of conduct only substitutes the fact-finding process, and sanctions will be ordered by RECA for the conduct admitted. This admission of fact will also substantially foreclose any possibility of appealing a decision for unreasonable factual findings.
• Crucially, an approved withdrawal or a decision entered after an admission of conduct will be published by RECA and shared with other regulators and regulatory databases, severely damaging your reputation and future career.

Hence, an admission of conduct or withdrawal from membership is a high-consequence decision that should only be exercised strategically based on careful assessment of applicable laws and the factual circumstances.

The Importance of Early Legal Representation

The conduct proceedings can be highly disruptive to your career and personal life, and reputational damage might start to manifest as the procedures take place. Legal counsel can have indispensible value

Hence, once RECA commences its conduct proceedings, it becomes crucial for the investigated licensee to obtain legal counsel to help navigate through the procedural complexities.

The Disciplinary Process of Real Estate boards

Navigating disciplinary processes of local real estate boards may be particularly challenging, as they have wide latitude in setting their own procedures, which may not be transparent and may vary from board to board. However, the CREA By-Laws and Rules contain certain guidelines for a board’s disciplinary process, and the following are universal among all real estate boards:

• Complaints may come from any source, including the public and other REALTORS^®, and can be internally initiated by a real estate board;
• Consent to discipline and other alternative dispute resolution processes should be available as alternatives to full hearings; and
• Disciplinary actions might be taken under legal advice from the legal counsel of a regional real estate association or a local board.

The procedures involved in a real estate board disciplinary process, though not regulatory, might just be as onerous and complex. An experienced lawyer can help a REALTOR^® navigate through the procedural complexity as well as safeguard your rights by flagging issues concerning the fairness and legality of the procedures involved.

The Importance of Legal Representation when Navigating the Procedures

For both RECA and real estate board disciplinary processes, the procedures can be complex and stressful to navigate. Local real estate board actions also pose unique challenges, as their procedures could be less transparent.

When the procedures commence, they can be highly disruptive to your daily business activities, and the reputational damage may radiate even before a final decision is made. Even a closed-door action taken by your local estate board can result in you losing the support within your network. Moreover, there are often key strategic decisions for a respondent to make in regard to settling or defending a matter.

Hence, when undergoing either type of disciplinary process, it is highly recommended that you engage a lawyer from the very beginning to give you the strategic legal support to streamline the process and minimize adverse effects.

Contact Taylor Janis Workplace Law if you have any questions or concerns about an impending or ongoing disciplinary procedure.

Defending Against A Complaint With Skilled Legal Representation

Defending against a Complaint Filed with RECA

Know the Rules:

The mandatory minimum standards of conduct to be observed by all licensed real estate brokers in Alberta are mostly found in the Act and the Real Estate Act Rules, which contain the Industry Professional Standards of Conduct (the “Standards of Conduct“). Meanwhile, a licensee is also required to observe the Real Estate (Ministerial) Regulation and the Real Estate Act Bylaws.

The rules contained within these sources, specifically applicable to licensees, range from general and overarching duties to detailed technical and operational requirements.

• Examples of general duties include the duty to act honestly, provide competent service, and fulfill fiduciary obligations to a licensee’s clients.
• More specific rules can pertain to any aspect of a licensee’s professional activities, such as advertising, managing trust money, record keeping, written disclosure of conflicts of interest, and requirements of written service agreements.
• Some rules are so specific that they might even seem trivial, such as the proper use of personal and brokerage names.

Notably, conduct outside of the context of a licensee’s current professional activities can attract discipline, for example:

• RECA can discipline a former licensee, within 2 years of the cessation of their license, for their wrongdoing that occurred while they were still licensed.
• A Licensee must not engage in conduct that undermines the integrity, reputation and public confidence of the real estate industry. This broad obligation means that, potentially, a licensee’s conduct in their personal life can be subject to RECA’s disciplinary scrutiny.
• The Standards of Conduct places on licensees a duty to disclose certain information regarding their status as a licensee to the other parties of the transaction when trading in real estate on a licensee’s own behalf (such as selling your own residential property).

Strategically Defend Against a Complaint

The legal rules governing a licensed real estate broker’s conduct place high expectations on a licensee, and given the high financial stakes involved in real property transactions, it is not uncommon for a licensee to attract a complaint against them even if they have always acted diligently.

When a complaint comes, you should be prepared to strategically defend your case, ideally with legal representation. Going alone in representing yourself when undergoing RECA conduct proceeding can be particularly challenging because:

• The multiplicity of the sources of a licensee’s duties and the nuanced nature of certain rules:
  • As discussed above, duties specifically applicable to a licensee can be found in multiple sources, and a licensee also has to act pursuant to all laws, like everyone else. When rules interact with each other, even seemingly clear-cut ones can become intricate and nuanced.
  • This means that RECA disciplinary decisions might need to take into account common law cases and legislation other than the Act. For example, the Standards of Conduct require a licensee to fulfill their fiduciary duties, which is a common law concept. When this is at issue, a strategic defence will require extensive legal research.
• Facts often are intensely disputed:
  • Ultimately, RECA can only base its disciplinary decisions on facts that are substantiated with evidence, and the relative strength of evidence from each party can shape the outcome.
  • Under the Act, a RECA Hearing Panel does not strictly follow the laws of evidence applicable to a court, but evidence has to be relevant to be admissible.
  • A lawyer can leverage their legal expertise to ensure your evidence package is well-presented and supports your factual claims; they can also flag issues with the opposing party’s evidence when they are irrelevant, immaterial or unduly prejudicial to you.
• Advocacy can be the key:
  • Advocacy is a skill honed through experience, and it requires a degree of expertise, tenacity, and resourcefulness.
  • Your legal counsel can highlight legal and factual factors that might otherwise be overlooked by the decision makers. This can be particularly impactful when the case is complex or when the legal tests or public policy considerations are nuanced.

Real Estate Board Discipline:

If you are a REALTOR^® in Alberta, you have voluntarily agreed to observe the bylaws, regulations and codes of CREA, AREA and the local real estate board of which you are a member. The rules of these voluntary organizations pertain to the general professionalism and ethics requirements both within and outside of the business activities for a REALTOR^®, such as duties to a client or customer, the advertising standards and usage of CREA intellectual properties, the relationship with other REALTORS^® and the associations, as well as the dispute resolution procedures.

The examples above are not exhaustive, however, and your local real estate board might have their own unique additional rules, as each board has a broad discretion in governing its own affairs, and the discretion usually resides with a board’s leadership. Considering all these, it is a particularly challenging task to keep track of all the rules applicable to a REALTOR^®.

Hence, though real estate boards do not have regulatory disciplinary power, defending against a complaint filed with a real estate board can be a highly stressful and challenging task for a REALTOR^®, and strategic planning and preparation are often necessary, given that the applicable rules are complex and facts are often contentious.

Taylor Janis Offers Tailored Legal Plans

Every case is different in its factual background and applicable rules. Whether you are under the scrutiny of the regulator or your real estate board, it is instrumental to have experienced legal counsel help you navigate the legal, procedural and practical complexities, as well as comprehensively review your case and help you decide strategically what to do next.

Please do not hesitate to contact Taylor Janis Workplace Law for an initial consultation, and we are looking forward to offering you a tailored legal plan and defence strategy.

Defending Your Rights & Appealing a Decision

Your Rights When Undergoing RECA Conduct Proceedings

When a licensee is undergoing RECA conduct proceedings, they have rights rooted in administrative law and common law; some of these rights are even informed by the Constitution. The procedures related to such rights can be found in the Act, its accompanying Real Estate (Ministerial) Regulation, the Real Estate Act Bylaws, as well as in the published policy guidelines of RECA.

A licensee’s rights are intricate legal concepts to grasp, and whether the rights are infringed can only be discerned by applying the legal principles and rules to the circumstances. Some of the procedures are to protect such rights, and others are to balance such rights with other countervailing interests; even appropriate procedures can be conducted in an inappropriate way, resulting in infringements.

However, for informational purposes, your rights when undergoing RECA conduct proceedings can be broadly characterized as the following:

• The right to unbiased decision makers:
  • The conduct and reasoning of the decision maker should not give reasonable apprehension of bias to a reasonable person observing all of the circumstances.
  • The reasonable apprehension of bias is a high threshold necessarily supported by evidence and strong legal arguments.
• The right to procedural fairness:
  • You are entitled to know the particulars of the allegation against you and should be given an adequate opportunity to make a full defence.
  • However, this right may be limited because of other competing interests; moreover, an appropriate procedure can be done in an unfair way. Hence, questions about this right should be approached with careful analysis of the rules and factual circumstances.
• The decision must meet certain standards of substantive/ legal fairness.
  • This means that the decision by RECA must meet certain standards in its application of laws and fact findings.
  • The Act provides that a final decision made by the RECA Appeal Panel can be appealed to the Court of King’s Bench. Hence, the applicable standards are “no palpable and overriding errors” in fact finding and “correctness” in legal reasoning. Arguments regarding this right should again be supported with strong evidence and extensive legal research.

Appealing an Unfair Decision By RECA

When a licensee receives an unfair disciplinary decision following an investigation or a hearing, they can internally appeal that decision to the RECA Appeal Panel within 30 days, and an internal appeal decision may be further appealed to the Court of King’s Bench within 30 days of receipt for judicial remedies.

However, it is an exceedingly challenging task to have a disciplinary decision overturned, and there are a few important things to know about the appeal processes:

• The appellate standards for quashing a regulatory decision can only be met with strong legal and factual arguments. This was discussed above and illustrated in the landmark Supreme Court of Canada case Vavilov.
• The Vavilov decision also requires courts to pay deference to regulatory decision makers out of respect for legislative intent, and courts’ deferential stance has been reflected in many decisions.
• An appeal is not a rehearing of your case, meaning the appeal cannot concern the factual veracity of the alleged conduct, and only issues regarding the procedures, the decision and its reasoning can be heard.
• An appeal does not automatically pause the enforcement of a sanction. These mean once a sanction has been ordered, its damaging effects may continue to take place throughout the appeal process.
• Upon a successful appeal, the remedy might be that a matter is sent back to the RECA Hearing Panel to be reheard, causing further disruption to your business.

What about Your Real Estate Board?

Generally speaking, the law affords voluntary associations, such as your local real estate board, the right to make and apply their internal procedures as long as such procedures were voluntarily accepted by their members and the members were given the opportunity to express concerns or objections. However, this does not mean that a board can discipline REALTOR^® in a completely arbitrary way.

At common law, as expressed by the Lakeside Colony decision by the Supreme Court of Canada, courts can intervene when the following concerns arise:

• The rules of the board have not been observed by the decision makers;
• The conduct of the board was contrary to natural justice; and
• The decision was made in bad faith.

A lawyer can therefore play a crucial role in defending your rights when it comes to a real estate board discipline process by highlighting any legal concerns and potentially reversing the course of an unfair decision in the making.

Safeguarding Your Rights with Early Legal Representation

Once a disciplinary process starts, your rights are immediately engaged and remain so throughout every stage of the process, and such rights are ultimately about ensuring fairness.

It is a monumental challenge to overturn a RECA disciplinary decision, as a successful appeal is subject to stringent legal and factual thresholds. Furthermore, an appeal does not automatically halt the enforcement of a sanction, and even under the most favourable circumstances, a decision might be sent back to RECA for rehearing. Hence, the disruptive and detrimental effects of a sanction may persist in the background whilst you deal with the stressful and complex appeal processes.

Similarly, for a decision made by your real estate board, courts generally will not interfere unless certain factual and legal issues are present.

It is highly recommended that you engage legal representation early and throughout the entire disciplinary process, so that your lawyer can spot, flat and object to potential infringements as they emerge.

If you are facing disciplinary scrutiny from RECA or a real estate board, contact us today and schedule an initial consultation with one of our lawyers at Taylor Janis’s Edmonton or Calgary office.

Frequently Asked Questions

What Responsibility Does a Licensed Real Estate Broker Have in Notifying Conduct Concerns to RECA?

Section 40 of the Real Estate Act Rules requires a licensee to immediately notify RECA in writing if they have been disciplined by any professional or regulatory bodies, are convicted of offences other than certain traffic offences, or have any judgment rendered against them in relation to their professional activities. They are also required to notify RECA if they are subject to any bankruptcy or criminal proceedings. Moreover, associate brokers and associates are required to report their concerns with suspected breaches of the Act and its accompanying regulations and rules to their brokers. Furthermore, brokers managing a brokerage’s operations have enhanced notification obligations, which means they have a professional and legal obligation to identify misconduct and notify RECA and other relevant authorities.

Can a Licensed Real Estate Broker Continue Working When Undergoing RECA Conduct Proceedings?

If RECA does not suspend your license or place any restrictions or conditions on your license or business, then you can continue working as normal. Nonetheless, your business operations may be affected by investigatory measures, and you may have to substantially divert your attention to defend your case. If RECA has suspended your license, you should stop the provision of real estate services, and similarly, if any restriction or condition is ordered, then you should operate your business accordingly. Contact an experienced lawyer at Taylor Janis if you are unsure about whether and how you should continue working and prevent further regulatory scrutiny.

How Long Do RECA Conduct Proceedings Typically Take?

This would depend on the nature of the complaint filed against you, especially its gravity, complexity, as well as factual and legal merit. A clearly frivolous, vexatious, meritless complaint or a complaint lacking necessary particulars will be dismissed fairly quickly, but if an investigation or hearing commences, the entire process can take a few months to even over a year. If you are concerned about the disruptive effects of RECA conduct proceedings, you should consider retaining a lawyer, and they can help you streamline the process where reasonable.

Can a Licensee Appeal a RECA Decision to a Higher Legal Authority?

If you have received a RECA disciplinary decision and are concerned about its fairness, you can internally appeal that decision to the RECA Appeal Panel within 30 days, and an internal appeal decision may be further appealed to the Court of King’s Bench within 30 days of receipt. However, both an internal appeal and an appeal to the court are procedurally and legally challenging tasks, where only issues related to fairness can be contended, and a high degree of deference is likely to be paid to the initial decision makers. Hence, if you are considering appealing an adverse RECA disciplinary decision, you should consult a lawyer as soon as possible.

Can Evidence from RECA Conduct Proceedings Be Used in Other Legal Proceedings?

Records from proceedings may be used as evidence in future proceedings, subject to other applicable laws such as evidence rules. It is possible for RECA to share information and records regarding the investigated licensee that were obtained during conduct proceedings with law enforcement and regulatory bodies in other provinces. If an investigated licensee refuses to answer questions or gives misleading answers when ordered by the RECA investigator or compelled by the Hearing Panel, the evidence of such may be used against the licensee in future disciplinary proceedings, civil contempt proceedings or even criminal proceedings for perjury. Hence, when undergoing conduct proceedings, a licensee should be extra careful with their conduct and ideally should have legal representation to avoid further legal liabilities.

Conclusion

A disciplinary decision by RECA or your local real estate board may have severe career, financial and reputational consequences; your license or right to use REALTOR^® designation may be at stake. Every case brings its own unique legal and procedural complexities, and the facts involved are often contentious, and your legal rights are engaged from the very beginning of a disciplinary process.

Legal representation is highly desirable as a lawyer can leverage their legal knowledge and advocacy skills to assist you in strategic planning, navigating the process, preparing sound legal and factual defences, as well as safeguarding your rights. These can all be essential in achieving a favourable outcome and minimizing detrimental effects.

If you are an Alberta real estate broker undergoing a disciplinary process or expecting one, contact Taylor Janis Workplace Law at our Edmonton or Calgary office for an initial consultation. We look forward to assisting you through this testing time with legal plans tailored to your case and needs.

Disclaimer:

REALTOR^®, REALTORS^®, CREA WEBForms^®, MLS^® and REALTOR.ca DDF^® are registered trademarks owned by the Canadian Real Estate Association. Taylor Janis LLP does not claim any rights associated with these trademarks.

References:

• Real Estate Act, RSA 2000, c R-5
• Real Estate (Ministerial) Regulation, Alta Reg 113/1996
• Real Estate Act Rules
• Real Estate Act Bylaws
• RECA Hearing and Appeal Practice and Procedure Guidelines
• RECA Discipline Publications Guidelines
• Lakeside Colony of Hutterian Brethren v. Hofer, 1992 CanLII 37 (SCC), [1992] 3 SCR 165
• Redekop v. Okanagan Mainline Real Estate Board, 2018 BCCA 226 (CanLII)
• Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), [2019] 4 SCR 653
• Alberta Real Estate Association 2024 Annual Report

Resources for Readers:

• Case summaries published by RECA
• Reca complaints portal

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