Acts and Regulations

2011, c.215 - Real Estate Agents Act

Section 28
Disposition versions

Full text
Association may appoint inspectors
28(1)The Association may appoint in writing a person as an inspector for the purpose of ensuring compliance with this Act and the regulations.
28(2)The Association shall furnish every inspector with a certificate of the inspector’s appointment signed by the President of the Association and, on entering any place for the purposes of inspection, an inspector shall produce, on request, the certificate to the occupier of the place.
28(3)A certificate that purports to be an appointment under this section is admissible in evidence without proof of signature and is proof, in the absence of evidence to the contrary, that its holder has been duly appointed under subsection (1).
28(4)For the purpose of determining whether this Act and the regulations are being complied with, an inspector, in carrying out an inspection, may
(a) enter, during normal business hours, the premises of an agent in respect of whom an inspection is being carried out,
(b) require the agent or an official, an employee or a manager of the agent to produce for inspection, examination, auditing or copying any books, records or accounts relating to the business or affairs of the agent,
(c) inspect, examine, audit or copy the books, records or accounts relating to the business or affairs of the agent, and
(d) question the agent or an official, an employee or a manager of the agent in relation to the business or affairs of the agent.
28(4.1)In carrying out an inspection, an inspector may
(a) use a data processing system at the premises where the books, records or accounts are kept,
(b) reproduce any book, record or account, and
(c) use any copying equipment at the premises where the books, records or accounts are kept to make copies of any book, record or account.
28(4.2)An inspector may carry out an inspection within or outside the Province.
28(4.3)An inspector shall not enter a private dwelling under subsection (4) unless the inspector has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.
28(4.4)Before or after attempting to enter or to have access to any premises, an inspector may apply for an entry warrant under the Entry Warrants Act.
28(5)An inspector who removes books, records or accounts to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, records or accounts removed and return the books, records or accounts as soon as possible after the making of copies or extracts.
28(6)A copy or extract of any book, record or account related to an inspection and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.
1995, c.31, s.9; 2016, c.36, s.15
Association may appoint inspectors
28(1)The Association may appoint in writing inspectors to inspect, examine and audit books, records and accounts maintained in offices of agents.
28(2)The Association shall furnish every inspector with a certificate of the inspector’s appointment signed by the President of the Association and, on entering any place for the purposes of inspection, an inspector shall produce, on demand, the certificate to the person in charge of the place.
28(3)A certificate that purports to be an appointment under this section is admissible in evidence without proof of signature and is proof, in the absence of evidence to the contrary, that its holder has been duly appointed under subsection (1).
28(4)For the purposes of ensuring compliance with this Act and the regulations, an inspector may
(a) at any reasonable time, enter and inspect premises described in subsection (1),
(b) request information or production for inspection, examination or audit any books, records and accounts that may be relevant to the carrying out of an inspection, and
(c) remove books, records and accounts produced as a result of a request under paragraph (b) or discovered during the inspection for the purpose of making copies or taking extracts.
28(5)An inspector removing a book, record or account from premises under subsection (4) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the book, record or account to the premises after completing making copies or taking extracts, as the case may be.
28(6)Copies of or extracts from books, records or accounts removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the books, records or accounts of which they are copies or from which they are extracts.
1995, c.31, s.9
Association may appoint inspectors
28(1)The Association may appoint in writing inspectors to inspect, examine and audit books, records and accounts maintained in offices of agents.
28(2)The Association shall furnish every inspector with a certificate of the inspector’s appointment signed by the President of the Association and, on entering any place for the purposes of inspection, an inspector shall produce, on demand, the certificate to the person in charge of the place.
28(3)A certificate that purports to be an appointment under this section is admissible in evidence without proof of signature and is proof, in the absence of evidence to the contrary, that its holder has been duly appointed under subsection (1).
28(4)For the purposes of ensuring compliance with this Act and the regulations, an inspector may
(a) at any reasonable time, enter and inspect premises described in subsection (1),
(b) request information or production for inspection, examination or audit any books, records and accounts that may be relevant to the carrying out of an inspection, and
(c) remove books, records and accounts produced as a result of a request under paragraph (b) or discovered during the inspection for the purpose of making copies or taking extracts.
28(5)An inspector removing a book, record or account from premises under subsection (4) shall first provide a receipt for it to the person in charge of the premises and shall promptly return the book, record or account to the premises after completing making copies or taking extracts, as the case may be.
28(6)Copies of or extracts from books, records or accounts removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the books, records or accounts of which they are copies or from which they are extracts.
1995, c.31, s.9