C-73.2 - Real Estate Brokerage Act

Section 125 Disposition versions

2018-07-13

125. The following are guilty of an offence and are liable to a fine of not less than $2,500 nor more than $62,500 in the case of natural persons and to a fine of not less than $5,000 nor more than $125,000 in other cases:

(1)  an agency licence holder or a director or executive officer of the agency licence holder who, in contravention of section 19, neglects or fails to oversee the conduct of the broker’s licence holders who represent the agency licence holder or to ensure that they comply with this Act;

(2)  an agency licence holder who, in contravention of section 20, neglects or fails to ensure that the licence holder’s directors, executive officers and employees comply with this Act;

(3)  a broker’s licence holder who, in exercising brokerage activities within a business corporation, neglects or fails, in contravention of section 22.3, to ensure that its directors, executive officers and employees comply with this Act; and

(4)  anyone who contravenes any of sections 80, 116 and 124.

A director, executive officer, mandatary or representative of a legal person referred to in the first paragraph who knowingly authorizes, encourages, recommends, or allows the commission of the offence is liable to a fine of not less than $2,500 nor more than $62,500.

In determining the amount of a fine, the court considers such factors as the injury suffered as a result of and the benefits derived from the offence. The minimum and maximum fines are doubled for a second or subsequent offence.

2008, c. 9, s. 125; 2013, c. 18, s. 45; 2018, c. 23, s. 478.

2013-06-14

125. Any person found guilty of an offence under section 80, 116 or 124 is liable to a fine of not less than $1,500 nor more than $20,000 in the case of a natural person and to a fine of not less than $3,000 nor more than $40,000 in the case of a legal person.

A director, executive officer, mandatary or representative of a legal person referred to in the first paragraph who knowingly authorizes, encourages, recommends, or allows the commission of the offence is liable to a fine of not less than $1,500 nor more than $20,000.

In determining the amount of a fine, the court considers such factors as the injury suffered as a result of and the benefits derived from the offence. The minimum and maximum fines are doubled for a second or subsequent offence.

2008, c. 9, s. 125; 2013, c. 18, s. 45.

2010-05-01

125. Any person found guilty of an offence under section 80, 116 or 124 is liable to a fine of not less than $1,500 nor more than $20,000 in the case of a natural person and to a fine of not less than $3,000 nor more than $40,000 in the case of a legal person.

A director, executive officer, mandatary or representative of a legal person referred to in the first paragraph who knowingly authorizes, encourages, recommends, or allows the commission of the offence is liable to a fine of not less than $1,500 nor more than $20,000. In determining the amount of a fine, the court considers such factors as the injury suffered as a result of and the benefits derived from the offence.

The minimum and maximum fines are doubled for a second or subsequent offence.

2008, c. 9, s. 125.