Acts and Regulations

2011, c.215 - Real Estate Agents Act

Full text
Compliance review
2016, c.36, s.15
43.12(1)The Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.
43.12(2)The Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.
43.12(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may
(a) enter, during normal business hours, the premises of an agent in respect of whom a compliance review 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.
43.12(4)In carrying out a compliance review, a compliance officer 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.
43.12(5)A compliance officer may carry out a compliance review within or outside the Province.
43.12(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.
43.12(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.
43.12(8)The Commission may, in prescribed circumstances, require an agent in respect of whom a compliance review was carried out to pay the Commission any prescribed fee and to reimburse the Commission for any prescribed expenses.
2016, c.36, s.15