Refer the matter for a hearing
Depending on the severity of the alleged misconduct, the matter might be referred to the discipline committee, a statutory tribunal, for a hearing. If the discipline committee determines that a real estate agent or brokerage has failed to comply with the legislation, the discipline committee has the authority to:
- Impose educational requirements;
- Impose a fine of up to $50,000 for agents and up to $100,000 for brokerages;
- Fix and impose costs to be paid to RECO;
- Impose conditions on a registration; and,
- Suspend or, in rare cases, revoke a registration.
Prosecute under the Provincial Offences Act
Most often, provincial offences prosecutions relate to matters involving trading in real estate unlawfully. However, RECO may lay charges and pursue prosecution on some other matters. An individual convicted in court is subject to fines of up to $50,000 and/or prison terms of up to two years. Corporations are subject to fines of up to $250,000.
Propose to refuse, revoke, suspend, or apply conditions to a registration
The Registrar can issue a proposal to refuse, revoke, suspend, or apply conditions to the registration of a real estate agent or brokerage in certain circumstances.
Proposals may be appealed to the Licence Appeal Tribunal (LAT). If a proposal is not appealed, the proposal is carried out. If appealed, LAT may, by Order, direct the Registrar to carry out the proposal or may substitute its opinion for that of the Registrar and may attach conditions to its Order or to a registration.