WHEREAS Section 12 of the Real Estate Act confirms the Real Estate Council of Alberta (the “Council”) has the authority to make rules respecting the issuing of authorizations including, without limitation, rules respecting eligibility requirements for a person to acquire and retain an authorization;
AND WHEREAS Section 14(1) of the Real Estate Act Rules provides a person is not eligible to be licenced in any class of licence if the person:
(b) has not met the educational requirements or other requirements, if any, prescribed, adopted or approved by the Council for that category of licence;
(c) has not passed the examination prescribed, adopted or approved by the Council for that class of licence, or been exempted from the examination by the executive director;
AND WHEREAS Section 16(1) of the Real Estate Act Rules provides that an individual who intends to apply for a licence must first meet the educational requirements or other requirements, if any, prescribed, adopted or approved by the Council for that class of licence;
AND WHEREAS Section 23 of the Real Estate Act Rules provides an industry member must satisfy all applicable Re-licensing Education Program requirements prescribed by Council to retain a licence issued to the industry member by the Council.
Council wishes to adopt a Re-licensing Education Program policy that prescribes the educational or other requirements for all individuals who have acquired a licence and who wish to be eligible to retain that licence issued by the Council.
THEREFORE BE IT RESOLVED THAT:
Council hereby adopts and approves the following Re-licensing Education Program (REP) policy for all industry members:
1. In this policy:
(a) an industry member does not include a brokerage; and
(b) “REP period” means the period from October 1st in any given year to September 30th the following year, unless specified otherwise by the executive director.
2. An industry member must satisfy the REP requirements approved by the executive director in each REP period to retain the licence issued to the industry member by the Council.
3. Subject to the provisions in this policy, the executive director will not issue an authorization to an industry member who fails to satisfy the REP requirements applicable:
4. Satisfying the REP requirements means the industry member must complete all the educational or other requirements that apply to the course(s) in question and may include classroom attendance, class participation, completion of assignments and passing any examinations.
5. An approved instructor of any REP course who is an industry member is deemed to have successfully completed the REP course in question for the purpose of this policy.
6. The executive director may exempt an industry member who successfully completes a pre-licensing program approved by the Council and obtains an authorization in any given REP period from the REP requirements in that year if the executive director is satisfied the pre-licensing program in question substantially addressed the same information covered by the mandatory course(s) for that REP period.
7. When applying for a new authorization an industry member must, when requested by the executive director, submit proof the industry member has satisfied the REP requirements applicable within the time and in the form specified by the executive director.
8. The executive director may issue a licence with terms, conditions or restrictions to an industry member who is otherwise eligible for an authorization, but who has not satisfied the REP requirements of paragraph 2, when the industry member does all of the following:
(a) the industry member makes a written application to the executive director;
(b) the industry member pays a fee of $450.00;
(c) the industry member agrees to complete any outstanding REP requirements by a certain date and on the terms, conditions or restrictions the executive director considers necessary.
9. When an industry member is issued an authorization pursuant to paragraph 8 and the industry member fails to complete the outstanding REP requirements by the date and on the terms, conditions or restrictions the executive director considered necessary, the executive director will suspend or cancel the licence of the industry member pursuant to section 38.1(1)(a) of the Real Estate Act Rules subject to section 38.1(1)(2).
10. If the executive director receives an application for authorization from an individual whose licence was issued pursuant to paragraph 8 and whose licence was suspended or cancelled pursuant to paragraph 9, the executive director will not consider the application until the individual has satisfied all outstanding REP educational requirements and has submitted proof of same in a form required by the executive director.
This resolution replaces Resolution 2006-9.
DATED at Calgary, Alberta, this 19th day of October, 2011.
