C-73.2 - Real Estate Brokerage Act

Section 98 Disposition versions

2018-07-13

98. The discipline committee renders a decision on each count contained in the complaint. If it finds the licence holder, including, in the case of an agency licence holder, a director or executive officer of the agency licence holder, guilty of an offence under this Act, the discipline committee, after giving them the opportunity to present their case, imposes one or more of the following penalties:

(1)  a reprimand;

(2)  suspension or revocation of the licence holder’s licence, or the imposition of restrictions or conditions on the licence;

(3)  a fine of not less than $2,000 nor more than $50,000 for each count, which maximum and minimum amounts are doubled for a second or subsequent offence;

(4)  remittal to any person or partnership of a sum of money the licence holder is holding for that person or partnership;

(5)  the surrender of any document or information;

(6)  the obligation to complete, destroy or delete, update or rectify any document or information; or

(7)  the obligation to successfully complete a course or to take any other training program.

When a licence holder is found guilty of having appropriated, without entitlement, sums of money or other assets held by the licence holder for others, or of having used such sums of money or assets for purposes other than those for which they were entrusted to the licence holder, the discipline committee imposes on the licence holder at least the licence suspension prescribed by subparagraph 2 of the first paragraph.

Each day during which the offence continues constitutes a separate offence, and the discipline committee may impose for each of those separate offences the fine prescribed by subparagraph 3 of the first paragraph.

The discipline committee’s decision to impose one or more penalties may include terms and conditions. The decision may also prescribe that penalties apply consecutively.

In determining the amount of a fine, the discipline committee considers such factors as the injury suffered as a result of and the benefits derived from the offence.

2008, c. 9, s. 98; 2009, c. 58, s. 150; 2018, c. 23, s. 469.

2010-05-01

98. The discipline committee renders a decision on each count contained in the complaint. If it finds the broker or the agency, including a director or executive officer of the agency, guilty of an offence under this Act, the discipline committee, after giving them the opportunity to present their case, imposes one or more of the following penalties:

(1)  a reprimand;

(2)  suspension or revocation of the broker’s or the agency’s licence, or the imposition of restrictions or conditions on the licence;

(3)  a fine of not less than $1,000 nor more than $12,500 for each count, which maximum and minimum amounts are doubled for a second or subsequent offence;

(4)  remittal to any person or partnership of a sum of money the broker or agency is holding for that person or partnership;

(5)  the surrender of any document or information;

(6)  the obligation to complete, destroy or delete, update or rectify any document or information; or

(7)  the obligation to successfully complete a course or to take any other training program.

When a broker or an agency is found guilty of having appropriated, without entitlement, sums of money or other assets held by the broker or agency for others, or of having used such sums of money or assets for purposes other than those for which they were entrusted to the broker or agency, the discipline committee imposes on the broker or agency at least the licence suspension prescribed by subparagraph 2 of the first paragraph.

Each day during which the offence continues constitutes a separate offence, and the discipline committee may impose for each of those separate offences the fine prescribed by subparagraph 3 of the first paragraph.

The discipline committee’s decision to impose one or more penalties may include terms and conditions. The decision may also prescribe that penalties apply consecutively.

2008, c. 9, s. 98; 2009, c. 58, s. 150.