Acts and Regulations

2011, c.215 - Real Estate Agents Act

Full text
Definitions
1The following definitions apply in this Act.
“agent” means a person who, for compensation, gain or reward or hope or promise of compensation, gain or reward, either alone or through one or more officials or salespersons, trades in real estate for another person, and a person who holds himself, herself or itself out as such. (agent)
“Association” means The New Brunswick Real Estate Association as constituted under Real Estate Agents Act. (Association)
“bond” , except where the context otherwise requires, means the security furnished as provided by regulation. (cautionnement)
“business” means an undertaking carried on for the purpose of gain or profit and includes an interest in any such undertaking and includes, but is not limited to, a boarding house, hotel, store, tourist camp and tourist home. (entreprise) ou (affaires)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act. (Commission)
“compliance officer” means a person appointed as a compliance officer under section 43.12.(agent de conformité)
“Court of King’s Bench” means The Court of King’s Bench of New Brunswick.(Cour du Banc du Roi)
“Court of Queen’s Bench” Repealed: 2023, c.17, s.230
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“inspector” means an inspector appointed under section 28.(inspecteur)
“investigator” means a person appointed as an investigator under section 43.31.(enquêteur)
“manager” means a person who is employed by an agent and who supervises, or who is qualified to supervise, salespersons of the agent. (gérant)
“Minister” Repealed: 2013, c.31, s.33
“official” includes president, vice-president, secretary, treasurer, managing director, director, general manager, department manager, branch office manager and every person acting in a similar capacity whether so designated or not. (dirigeant)
“prescribed” means prescribed by this Act, the regulations or, if the context requires, the rules made by the Commission under the Financial and Consumer Services Commission Act. (prescrit)
“real estate” includes real property and leasehold property, and a business whether with or without premises and the fixtures, stock-in-trade, goods or chattels in connection with the operation of the business. (biens réels)
“regulated activity” means any activity governed by this Act or the regulations.(activité réglementée)
“salesperson” means a real estate salesperson and includes a person employed, appointed or authorized by an agent to trade in real estate. (vendeur)
“trade” or “trading” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, lease, rental or otherwise and an offer or attempt to list real estate for the purpose of such a disposition or transaction, and an act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, but does not include a listing service operated by or for an organized real estate board in a community, and the verb “trade” has a corresponding meaning. (opération immobilière) ou (effectuer des opérations immobilières)
“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act.(Tribunal)
R.S.1973, c.R-1, s.1; 1978, c.D-11.2, s.34; 1995, c.31, s.1; 2006, c.16, s.154; 2012, c.39, s.128; 2013, c.31, s.33; 2016, c.36, s.15; 2023, c.6, s.17; 2023, c.17, s.230
Definitions
1The following definitions apply in this Act.
“agent” means a person who, for compensation, gain or reward or hope or promise of compensation, gain or reward, either alone or through one or more officials or salespersons, trades in real estate for another person, and a person who holds himself, herself or itself out as such. (agent)
“Association” means The New Brunswick Real Estate Association as constituted under Real Estate Agents Act. (Association)
“bond” , except where the context otherwise requires, means the security furnished as provided by regulation. (cautionnement)
“business” means an undertaking carried on for the purpose of gain or profit and includes an interest in any such undertaking and includes, but is not limited to, a boarding house, hotel, store, tourist camp and tourist home. (entreprise) ou (affaires)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act. (Commission)
“compliance officer” means a person appointed as a compliance officer under section 43.12.(agent de conformité)
“Court of Queen’s Bench” means The Court of Queen’s Bench of New Brunswick.(Cour du Banc de la Reine)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“inspector” means an inspector appointed under section 28.(inspecteur)
“investigator” means a person appointed as an investigator under section 43.31.(enquêteur)
“manager” means a person who is employed by an agent and who supervises, or who is qualified to supervise, salespersons of the agent. (gérant)
“Minister” Repealed: 2013, c.31, s.33
“official” includes president, vice-president, secretary, treasurer, managing director, director, general manager, department manager, branch office manager and every person acting in a similar capacity whether so designated or not. (dirigeant)
“prescribed” means prescribed by this Act, the regulations or, if the context requires, the rules made by the Commission under the Financial and Consumer Services Commission Act. (prescrit)
“real estate” includes real property and leasehold property, and a business whether with or without premises and the fixtures, stock-in-trade, goods or chattels in connection with the operation of the business. (biens réels)
“regulated activity” means any activity governed by this Act or the regulations.(activité réglementée)
“salesperson” means a real estate salesperson and includes a person employed, appointed or authorized by an agent to trade in real estate. (vendeur)
“trade” or “trading” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, lease, rental or otherwise and an offer or attempt to list real estate for the purpose of such a disposition or transaction, and an act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, but does not include a listing service operated by or for an organized real estate board in a community, and the verb “trade” has a corresponding meaning. (opération immobilière) ou (effectuer des opérations immobilières)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.R-1, s.1; 1978, c.D-11.2, s.34; 1995, c.31, s.1; 2006, c.16, s.154; 2012, c.39, s.128; 2013, c.31, s.33; 2016, c.36, s.15
Definitions
1The following definitions apply in this Act.
“agent” means a person who, for compensation, gain or reward or hope or promise of compensation, gain or reward, either alone or through one or more officials or salespersons, trades in real estate for another person, and a person who holds himself, herself or itself out as such. (agent)
“Association” means The New Brunswick Real Estate Association as constituted under Real Estate Agents Act. (Association)
“bond” , except where the context otherwise requires, means the security furnished as provided by regulation. (cautionnement)
“business” means an undertaking carried on for the purpose of gain or profit and includes an interest in any such undertaking and includes, but is not limited to, a boarding house, hotel, store, tourist camp and tourist home. (entreprise) ou (affaires)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act. (Commission)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“manager” means a person who is employed by an agent and who supervises, or who is qualified to supervise, salespersons of the agent. (gérant)
“Minister” Repealed: 2013, c.31, s.33
“official” includes president, vice-president, secretary, treasurer, managing director, director, general manager, department manager, branch office manager and every person acting in a similar capacity whether so designated or not. (dirigeant)
“prescribed” means prescribed by this Act, the regulations or, if the context requires, the rules made by the Commission under the Financial and Consumer Services Commission Act. (prescrit)
“real estate” includes real property and leasehold property, and a business whether with or without premises and the fixtures, stock-in-trade, goods or chattels in connection with the operation of the business. (biens réels)
“salesperson” means a real estate salesperson and includes a person employed, appointed or authorized by an agent to trade in real estate. (vendeur)
“trade” or “trading” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, lease, rental or otherwise and an offer or attempt to list real estate for the purpose of such a disposition or transaction, and an act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, but does not include a listing service operated by or for an organized real estate board in a community, and the verb “trade” has a corresponding meaning. (opération immobilière) ou (effectuer des opérations immobilières)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.R-1, s.1; 1978, c.D-11.2, s.34; 1995, c.31, s.1; 2006, c.16, s.154; 2012, c.39, s.128; 2013, c.31, s.33
Definitions
1The following definitions apply in this Act.
“agent” means a person who, for compensation, gain or reward or hope or promise of compensation, gain or reward, either alone or through one or more officials or salespersons, trades in real estate for another person, and a person who holds himself, herself or itself out as such. (agent)
“Association” means The New Brunswick Real Estate Association as constituted under Real Estate Agents Act. (Association)
“bond” , except where the context otherwise requires, means the security furnished as provided by regulation. (cautionnement)
“business” means an undertaking carried on for the purpose of gain or profit and includes an interest in any such undertaking and includes, but is not limited to, a boarding house, hotel, store, tourist camp and tourist home. (entreprise) ou (affaires)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act. (Commission)
“Director” means the Director of Consumer Affairs appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“manager” means a person who is employed by an agent and who supervises, or who is qualified to supervise, salespersons of the agent. (gérant)
“Minister” Repealed: 2013, c.31, s.33
“official” includes president, vice-president, secretary, treasurer, managing director, director, general manager, department manager, branch office manager and every person acting in a similar capacity whether so designated or not. (dirigeant)
“prescribed” means prescribed by this Act, the regulations or, if the context requires, the rules made by the Commission under the Financial and Consumer Services Commission Act. (prescrit)
“real estate” includes real property and leasehold property, and a business whether with or without premises and the fixtures, stock-in-trade, goods or chattels in connection with the operation of the business. (biens réels)
“salesperson” means a real estate salesperson and includes a person employed, appointed or authorized by an agent to trade in real estate. (vendeur)
“trade” or “trading” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, lease, rental or otherwise and an offer or attempt to list real estate for the purpose of such a disposition or transaction, and an act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, but does not include a listing service operated by or for an organized real estate board in a community, and the verb “trade” has a corresponding meaning. (opération immobilière) ou (effectuer des opérations immobilières)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act. (Tribunal)
R.S.1973, c.R-1, s.1; 1978, c.D-11.2, s.34; 1995, c.31, s.1; 2006, c.16, s.154; 2012, c.39, s.128; 2013, c.31, s.33
Definitions
1The following definitions apply in this Act.
“agent” means a person who, for compensation, gain or reward or hope or promise of compensation, gain or reward, either alone or through one or more officials or salespersons, trades in real estate for another person, and a person who holds himself, herself or itself out as such. (agent)
“Association” means The New Brunswick Real Estate Association as constituted under The New Brunswick Real Estate Association Act. (Association)
“bond” , except where the context otherwise requires, means the security furnished as provided by regulation. (cautionnement)
“business” means an undertaking carried on for the purpose of gain or profit and includes an interest in any such undertaking and includes, but is not limited to, a boarding house, hotel, store, tourist camp and tourist home. (entreprise) ou (affaires)
“manager” means a person who is employed by an agent and who supervises, or who is qualified to supervise, salespersons of the agent. (gérant)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“official” includes president, vice-president, secretary, treasurer, managing director, director, general manager, department manager, branch office manager and every person acting in a similar capacity whether so designated or not. (dirigeant)
“prescribed” means prescribed by this Act or the regulations. (prescrit)
“real estate” includes real property and leasehold property, and a business whether with or without premises and the fixtures, stock-in-trade, goods or chattels in connection with the operation of the business. (biens réels)
“salesperson” means a real estate salesperson and includes a person employed, appointed or authorized by an agent to trade in real estate. (vendeur)
“trade” or “trading” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, lease, rental or otherwise and an offer or attempt to list real estate for the purpose of such a disposition or transaction, and an act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, but does not include a listing service operated by or for an organized real estate board in a community, and the verb “trade” has a corresponding meaning. (opération immobilière) ou (effectuer des opérations immobilières)
R.S.1973, c.R-1, s.1; 1978, c.D-11.2, s.34; 1995, c.31, s.1; 2006, c.16, s.154; 2012, c.39, s.128
Definitions
1The following definitions apply in this Act.
“agent” means a person who, for compensation, gain or reward or hope or promise of compensation, gain or reward, either alone or through one or more officials or salespersons, trades in real estate for another person, and a person who holds himself, herself or itself out as such. (agent)
“Association” means The New Brunswick Real Estate Association as constituted under The New Brunswick Real Estate Association Act. (Association)
“bond” , except where the context otherwise requires, means the security furnished as provided by regulation. (cautionnement)
“business” means an undertaking carried on for the purpose of gain or profit and includes an interest in any such undertaking and includes, but is not limited to, a boarding house, hotel, store, tourist camp and tourist home. (entreprise) ou (affaires)
“manager” means a person who is employed by an agent and who supervises, or who is qualified to supervise, salespersons of the agent. (gérant)
“Minister” means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“official” includes president, vice-president, secretary, treasurer, managing director, director, general manager, department manager, branch office manager and every person acting in a similar capacity whether so designated or not. (dirigeant)
“prescribed” means prescribed by this Act or the regulations. (prescrit)
“real estate” includes real property and leasehold property, and a business whether with or without premises and the fixtures, stock-in-trade, goods or chattels in connection with the operation of the business. (biens réels)
“salesperson” means a real estate salesperson and includes a person employed, appointed or authorized by an agent to trade in real estate. (vendeur)
“trade” or “trading” includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, lease, rental or otherwise and an offer or attempt to list real estate for the purpose of such a disposition or transaction, and an act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, but does not include a listing service operated by or for an organized real estate board in a community, and the verb “trade” has a corresponding meaning. (opération immobilière) ou (effectuer des opérations immobilières)
R.S.1973, c.R-1, s.1; 1978, c.D-11.2, s.34; 1995, c.31, s.1; 2006, c.16, s.154