Interpretation

1  In this regulation:

"Act" means the Real Estate Act;

"prescribed fee" means the fee prescribed in the schedule of the Real Estate Regulation;

"Real Estate Regulation" means B.C. Reg. 75/61.

 Applications

2  Applications for the issue, renewal or reinstatement of a licence shall

(a) be made to the council, and

(b) in the case of application for renewal of a licence, be delivered to the council not less than 30 days before the end of the licence period.

 Delegation of powers and duties of the superintendent

3  The council is authorized to exercise the powers and perform the duties of the superintendent as provided in sections 4 to 8.

 Powers and duties under section 3 of the Act

4  (1)  The council is authorized

(a) on application and payment of the prescribed fee,

(i)  to issue a salesman's licence, agent's licence or nominee's licence to an applicant who qualifies under the Real Estate Regulation, and

(ii)  to renew a licence referred to in subparagraph (i),

(b) where it appears to the council that

(i)  an applicant is not a suitable person to be licensed, or

(ii)  the person nominated by an applicant under section 4 of the Act is not a suitable person to exercise the rights and privileges of the licence,

to perform the duty pursuant to section 3 (4) of the Act of refusing, after a hearing, if a hearing is requested, to issue or renew a licence to the applicant, and

(c) where

(i)  an applicant is a partnership or corporation, and

(ii)  the name of the partnership or corporation is, in the opinion of the council, liable to be confused with that of a licensed agent,

to refuse, pursuant to section 3 (5) of the Act, to issue a licence to the applicant in that name.

(2)  The council is authorized to perform the duty under section 6 of the Act of notifying the licensee, with respect to his application for renewal, that his licence has not been renewed.

(3)  A hearing under this section may be conducted by a hearing committee of not fewer than 3 members of the council appointed by the council.

[am. B.C. Regs. 208/86, s. 2; 57/95.]

 Powers and duties under section 5 of the Act

5  The council is authorized, before issuing a licence,

(a) to make inquiries respecting applicants or licensees,

(b) to require from applicants and licensees any information it thinks desirable, and

(c) to require an applicant to furnish security under the Bonding Act.

 Power under section 9 (4) of the Act

6  (1)  On application and payment of the prescribed fee, the council is authorized to reinstate, pursuant to section 9 (4) of the Act, the licence of a salesman on proof to the satisfaction of the council that the salesman is qualified under the Act and is to be employed by a licensed agent.

(2)  The power the council is authorized to exercise under subsection (1) includes the power to refuse, after a hearing if a hearing is requested, to reinstate a licence.

[am. B.C. Regs. 1/87, s. 1; 18/87.]

 Power under section 10 of the Act

7  The council is authorized to publish in the Gazette pursuant to section 10 of the Act a list of the names of all agents, nominees and salesmen whose licences, at the date of publication, are in good standing.

 Power under section 31 (3) of the Act

7.1  (1)  The council is authorized, after a hearing under section 31 (3) of the Act, to exercise the powers of the superintendent under paragraphs (a) to (e) of that section.

(2)  In exercising the powers authorized under subsection (1), the council shall

(a) provide the superintendent with a report of its findings and any decision made by it,

(b) on the request of any person aggrieved by a decision of the council provide that person with reasons for the decision, and

(c) where a licence has been suspended or revoked, perform the duties of the superintendent under section 32 of the Act.

[en. B.C. Reg. 208/86, s. 3; am. B.C. Reg. 1/87, s. 2.]

 Powers under section 54 of the Act

8  The council is authorized

(a) to waive, pursuant to section 4.03 of the Real Estate Regulation, the requirements of section 4.02 of that regulation,

(b) to grant, pursuant to section 4.10 of the Real Estate Regulation, a restricted licence to the personal representative of a deceased agent,

(c) to issue, where it sees fit to do so, restricted licences pursuant to section 4.16 of the Real Estate Regulation,

(d) for the purposes of section 6.01 of the Real Estate Regulation to approve the location and nominee of a branch office and to issue a licence for a branch office, and

(e) on receipt of proof satisfactory to the council that an individual holding an agent's licence is employed as a salesman, to issue a certificate described in sectionsection 9.15 of the Real Estate Regulation.

 Reasons

9  The council shall, on request of the applicant for the licence, provide written reasons for a decision to refuse to issue, renew or reinstate a licence.

[am. B.C. Regs. 208/86, s. 4; 1/87, s. 3.]

 Filings and notices

10  After the issuance of a licence, an agent shall, without delay, deliver to the council, instead of to the superintendent, a list of names and addresses of salesmen employed by him and shall, during the continuance of his licence without delay, notify the council, instead of the superintendent, of the matters referred to in section 9 (1) and (2) of the Act.

 Surrender of licence

11  A licence that is required to be surrendered to the superintendent pursuant to section 9 (3) or 33 of the Act shall be surrendered to the council in his stead.

 Records

12  The council shall

(a) keep

(i)  every application made to the council under this regulation,

(ii)  a copy of every licence issued by the council under this regulation,

(iii)  records of every decision made by the council under this regulation, including the reasons for the decision where reasons are provided,

(iv)  any list delivered under section 10 and records of any notification given under section 10, and

(v)  records of any notification or report under section 9.04 or 9.07 of the Real Estate Regulation, and

(b) subject to the provisions of the Act respecting privilege, permit the public to inspect at the office of the council any documents required to be kept under paragraph (a) (ii) or (iii).

[am. B.C. Reg. 208/86, s. 5.]