Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C

• Jurisdiction: Ontario

Trust in Real Estate Services Act, 2002

S.O. 2002, chapter 30
Schedule C

Consolidation Period: From December 1, 2023 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 7, s. 334.

CONTENTS

Part I
interpretation

Interpretation

1 (1) In this Act,

“administrative authority” means the administrative authority as designated under section 3 of the Safety and Consumer Statutes Administration Act, 1996 for the purpose of administering this Act; (“organisme d’application”)

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2020, c. 1, s. 2 (1))

“administrative penalty” means an administrative penalty imposed under section 43.2 or, if an order under that section is confirmed or varied under section 43.3, the administrative penalty as confirmed or varied under section 43.3; (“pénalité administrative”)

“assessor” means an assessor appointed under subsection 43.1 (2) who is authorized to impose an administrative penalty or the registrar acting as an assessor; (“évaluateur”)

“broker” means an individual who has the prescribed qualifications to be registered as a broker under this Act and who is employed by a brokerage to trade in real estate; (“courtier”)

“brokerage” means a corporation, partnership, sole proprietor, association or other organization or entity that, on behalf of others and for compensation or reward or the expectation of such, trades in real estate or holds himself, herself or itself out as such; (“maison de courtage”)

“business” means an undertaking carried on for gain or profit and includes any interest in such undertaking; (“entreprise”)

“employ” means to employ, appoint, authorize or otherwise arrange to have another person act on one’s behalf, including as an independent contractor; (“employer”)

“equity share” means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; (“action participante”)

“investigator” means an investigator appointed under subsection 22 (1); (“enquêteur”)

“Minister” means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

“officer” includes the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of the corporation or a partner or general manager and assistant general manager of a partnership, any other individual designated as an officer by by-law or resolution or any other individual who performs functions normally performed by an individual occupying such office and the manager of the real estate department of a trust corporation; (“dirigeant”)

“personal real estate corporation” means a corporation that meets the prescribed criteria; (“société immobilière personnelle”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“real estate” includes leasehold interests and businesses, whether with or without premises, and fixtures, stock-in-trade and goods connected with the operation of a business; (“bien immobilier”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “real estate” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 1, s. 2 (3))

“real estate” does not include such matters as may be prescribed but includes,

(a) leasehold interests,

(b) businesses, and

(c) fixtures, stock-in-trade and goods connected with the operation of a business; (“bien immobilier”)

“registrant” means a brokerage that is registered under this Act or a broker or salesperson who is registered under this Act; (“personne inscrite”)

“regulations” means regulations made under this Act; (“règlements”)

“salesperson” means an individual who has the prescribed qualifications to be registered as a salesperson under this Act and who is employed by a brokerage to trade in real estate; (“agent immobilier”)

“self-represented party” means a party that meets the prescribed criteria; (“partie non représentée”)

“trade” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for purchase and sale, exchange, option, lease, rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition, acquisition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, and the verb “trade” has a corresponding meaning; (“opération”, “mener des opérations”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. (“Tribunal”) 2002, c. 30, Sched. C, s. 1 (1); 2004, c. 19, s. 18 (1); 2006, c. 34, s. 21 (1); 2020, c. 1, s. 2 (2, 4, 5).

Associated persons

(2) For purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person. 2004, c. 19, s. 18 (2).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 18 (1, 2) - 31/06/2006

2006, c. 34, s. 21 (1) - 01/04/2007

2012, c. 8, Sched. 11, s. 51 (1) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020

2020, c. 1, s. 2 (1, 3) - not in force 2020, c. 1, s. 2 (4) - 01/12/2023; 2020, c. 1, s. 2 (2, 5) - 01/10/2020

Part II
Officers

Director

2 (1) Subject to subsection (2), a director shall be appointed for the purposes of this Act and a maximum of two deputy directors may be appointed,

(a) by the board of the administrative authority; or

(b) by the Minister if there is no designated administrative authority. 2002, c. 30, Sched. C, s. 2 (1).

Director cannot be registrar

(2) A person appointed as the registrar or a deputy registrar under subsection 3 (1) shall not be appointed as the director or a deputy director under subsection (1). 2002, c. 30, Sched. C, s. 2 (2).

Deputy director, duties

(3) A deputy director shall perform such duties as are assigned by the director and shall act as director in his or her absence. 2002, c. 30, Sched. C, s. 2 (3).

Deputy director

(4) If more than one deputy director is appointed, only one deputy director may act as the director under subsection (3) at any one time. 2002, c. 30, Sched. C, s. 2 (4).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 11, s. 51 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020

Registrar

3 (1) Subject to subsection (2), a registrar shall be appointed for the purposes of this Act and a maximum of two deputy registrars may be appointed,

(a) by the board of the administrative authority; or

(b) by the deputy minister to the Minister if there is no designated administrative authority. 2002, c. 30, Sched. C, s. 3 (1).

Registrar cannot be director

(2) A person appointed as the director or a deputy director under subsection 2 (1) shall not be appointed as the registrar or a deputy registrar under subsection (1). 2002, c. 30, Sched. C, s. 3 (2).

Deputy registrar, duties

(3) A deputy registrar shall perform such duties as are assigned by the registrar and shall act as the registrar in the registrar’s absence. 2020, c. 1, s. 3.

Deputy registrar

(4) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (3) at any one time. 2002, c. 30, Sched. C, s. 3 (4).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 10, s. 13 (1) - 15/12/2009

2012, c. 8, Sched. 11, s. 51 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020

2020, c. 1, s. 3 - 01/10/2020

PART III
Prohibitions re: Practice

Prohibition against trade in real estate unless registered

4 (1) No person shall,

(a) trade in real estate as a brokerage unless the person is registered as a brokerage;

(b) trade in real estate as a broker unless he or she is registered as a broker of a brokerage;

(c) trade in real estate as a salesperson unless he or she is registered as a salesperson of a brokerage; or

(d) trade in real estate unless registered under this Act. 2002, c. 30, Sched. C, s. 4 (1).

Unregistered persons

(2) A person who is not registered as a brokerage, broker or salesperson shall not,

(a) directly or indirectly hold himself, herself or itself out as being a brokerage, broker or salesperson, respectively; or

(b) perform any of the functions of a brokerage, broker or salesperson as provided in this Act. 2002, c. 30, Sched. C, s. 4 (2).

Change in partnership

(3) A change in the membership of a partnership shall be deemed to create a new partnership for the purpose of registration. 2002, c. 30, Sched. C, s. 4 (3).

Change in corporation

(4) A change in the officers or directors of a corporation registered as a brokerage may be made only with the consent of the registrar. 2002, c. 30, Sched. C, s. 4 (4).

Exemptions

5 (1) Subject to such conditions as may be prescribed, despite section 4, registration shall not be required...