Acts and Regulations

2011, c.215 - Real Estate Agents Act

Section 32
Disposition versions

Full text
Power of inquiry of Director
Repealed: 2016, c.36, s.15
2013, c.31, s.33; 2016, c.36, s.15
32Repealed: 2016, c.36, s.15
R.S.1973, c.R-1, s.18; 1983, c.75, s.17; 1986, c.6, s.36; 1995, c.31, s.12; 2013, c.31, s.33; 2016, c.36, s.15
Power of inquiry of Director
2013, c.31, s.33
32(1)The Director may, and, when directed by the Director, the Association or a person authorized by it shall,
(a) investigate and inquire into a matter concerning the due administration of this Act,
(b) for the purpose of an investigation, inquire into and examine the business affairs of an agent, manager or salesperson,
(c) examine and inquire into a book, paper, document, correspondence, communication, negotiation, transaction, investigation, loan, borrowing or payment to, by, on behalf of, in relation to or connected with that agent, manager or salesperson, and
(d) examine and inquire into a property, asset or thing owned, acquired or alienated in whole or in part by a person referred to in paragraph (c) or by a person acting on behalf of or as agent for that person.
32(2)A person in respect of whom the investigation is made shall make prompt and explicit answers to all inquiries made under subsection (1).
32(3)At all reasonable times, the person making the investigation may demand from an agent, manager or salesperson and inspect a book, paper, document, correspondence, communication or record mentioned in subsection (1), and an agent, manager or salesperson who has the custody, possession or control of the book, paper, document, correspondence, communication or record shall produce it and permit the inspection of it by the person making the investigation.
32(4)The person making the investigation, on giving or leaving a receipt for it, may remove a book, paper, document, correspondence, communication or record of the person whose business affairs are being investigated for the purpose of examining or making copies of it.
32(5)A book, paper, document, correspondence, communication or record removed under subsection (4) shall be promptly returned, unless required for the purpose of evidence in a proceeding under this Act or the regulations, in which case the person making the investigation, on request and without charge, shall furnish a copy of a removed item.
32(6)For the purposes of this section, the Director, or any other person authorized by the Director in writing, shall have all the powers of a commissioner appointed under the Inquiries Act.
R.S.1973, c.R-1, s.18; 1983, c.75, s.17; 1986, c.6, s.36; 1995, c.31, s.12; 2013, c.31, s.33
Power of inquiry of Director
2013, c.31, s.33
32(1)The Director may, and, when directed by the Director, the Association or a person authorized by it shall,
(a) investigate and inquire into a matter concerning the due administration of this Act,
(b) for the purpose of an investigation, inquire into and examine the business affairs of an agent, manager or salesperson,
(c) examine and inquire into a book, paper, document, correspondence, communication, negotiation, transaction, investigation, loan, borrowing or payment to, by, on behalf of, in relation to or connected with that agent, manager or salesperson, and
(d) examine and inquire into a property, asset or thing owned, acquired or alienated in whole or in part by a person referred to in paragraph (c) or by a person acting on behalf of or as agent for that person.
32(2)A person in respect of whom the investigation is made shall make prompt and explicit answers to all inquiries made under subsection (1).
32(3)At all reasonable times, the person making the investigation may demand from an agent, manager or salesperson and inspect a book, paper, document, correspondence, communication or record mentioned in subsection (1), and an agent, manager or salesperson who has the custody, possession or control of the book, paper, document, correspondence, communication or record shall produce it and permit the inspection of it by the person making the investigation.
32(4)The person making the investigation, on giving or leaving a receipt for it, may remove a book, paper, document, correspondence, communication or record of the person whose business affairs are being investigated for the purpose of examining or making copies of it.
32(5)A book, paper, document, correspondence, communication or record removed under subsection (4) shall be promptly returned, unless required for the purpose of evidence in a proceeding under this Act or the regulations, in which case the person making the investigation, on request and without charge, shall furnish a copy of a removed item.
32(6)For the purposes of this section, the Director, or any other person authorized by the Director in writing, shall have all the powers of a commissioner appointed under the Inquiries Act.
R.S.1973, c.R-1, s.18; 1983, c.75, s.17; 1986, c.6, s.36; 1995, c.31, s.12; 2013, c.31, s.33
Power of inquiry of Minister
32(1)The Minister may, and, when directed by the Minister, the Association or a person authorized by it shall,
(a) investigate and inquire into a matter concerning the due administration of this Act,
(b) for the purpose of an investigation, inquire into and examine the business affairs of an agent, manager or salesperson,
(c) examine and inquire into a book, paper, document, correspondence, communication, negotiation, transaction, investigation, loan, borrowing or payment to, by, on behalf of, in relation to or connected with that agent, manager or salesperson, and
(d) examine and inquire into a property, asset or thing owned, acquired or alienated in whole or in part by a person referred to in paragraph (c) or by a person acting on behalf of or as agent for that person.
32(2)A person in respect of whom the investigation is made shall make prompt and explicit answers to all inquiries made under subsection (1).
32(3)At all reasonable times, the person making the investigation may demand from an agent, manager or salesperson and inspect a book, paper, document, correspondence, communication or record mentioned in subsection (1), and an agent, manager or salesperson who has the custody, possession or control of the book, paper, document, correspondence, communication or record shall produce it and permit the inspection of it by the person making the investigation.
32(4)The person making the investigation, on giving or leaving a receipt for it, may remove a book, paper, document, correspondence, communication or record of the person whose business affairs are being investigated for the purpose of examining or making copies of it.
32(5)A book, paper, document, correspondence, communication or record removed under subsection (4) shall be promptly returned, unless required for the purpose of evidence in a proceeding under this Act or the regulations, in which case the person making the investigation, on request and without charge, shall furnish a copy of a removed item.
32(6)For the purposes of this section, the Minister, or any other person authorized by the Minister in writing, shall have all the powers of a commissioner appointed under the Inquiries Act.
R.S.1973, c.R-1, s.18; 1983, c.75, s.17; 1986, c.6, s.36; 1995, c.31, s.12