Proposal
Phase 1 Real Estate Business and Brokers Act, 2002 (REBBA) Review: Multiple Representation and other matters
Regulation Number(s):
N/A
Instrument Type:
Proposal
Bill or Act:
No
Summary of Proposal:
The Ministry of Government and Consumer Services will be reviewing the Real Estate and Business Brokers Act, 2002 (REBBA) and its regulations in two phases.
In this first phase of the review the ministry is considering measures to address concerns raised about the practice of multiple representation and other related matters. Phase 2 will be a broader review of REBBA beginning in spring 2018.
The potential measures being considered in this first phase of the review of REBBA are intended to:
- Increase consumer confidence by minimizing the conflict of interest involved in multiple representation situations;
- Make it easier for consumers to better understand the nature of the agreements they are entering; and
- Strengthen consumer protection by modernizing the penalties for unethical behavior for contraventions of the Code of Ethics.
The ministry would like your feedback on the following proposed measures to specifically address the issues that can arise in multiple representation situations. The measures include:
1. Establishing a new mandatory designated representation requirement with limited exceptions;
2. Requiring that mandatory standardized disclosure clauses be used; and
3. Increasing the maximum fine for Code of Ethics violations from $25,000 to $50,000 for individual salespersons and brokers and $100,000 for brokerages.
There is also an opportunity to provide additional feedback on other changes that you would like to see as part of this initial first phase as well as suggestions for changes as part of the broader review of REBBA in phase 2.
The ministry welcomes feedback and encourages anyone interested to provide comments on the proposals for the first phase of the REBBA Review outlined in the Consultation Paper as well as any additional suggestions for changes.
In this first phase of the review the ministry is considering measures to address concerns raised about the practice of multiple representation and other related matters. Phase 2 will be a broader review of REBBA beginning in spring 2018.
The potential measures being considered in this first phase of the review of REBBA are intended to:
- Increase consumer confidence by minimizing the conflict of interest involved in multiple representation situations;
- Make it easier for consumers to better understand the nature of the agreements they are entering; and
- Strengthen consumer protection by modernizing the penalties for unethical behavior for contraventions of the Code of Ethics.
The ministry would like your feedback on the following proposed measures to specifically address the issues that can arise in multiple representation situations. The measures include:
1. Establishing a new mandatory designated representation requirement with limited exceptions;
2. Requiring that mandatory standardized disclosure clauses be used; and
3. Increasing the maximum fine for Code of Ethics violations from $25,000 to $50,000 for individual salespersons and brokers and $100,000 for brokerages.
There is also an opportunity to provide additional feedback on other changes that you would like to see as part of this initial first phase as well as suggestions for changes as part of the broader review of REBBA in phase 2.
The ministry welcomes feedback and encourages anyone interested to provide comments on the proposals for the first phase of the REBBA Review outlined in the Consultation Paper as well as any additional suggestions for changes.
Further Information:
REBBA Review Phase 1: Consultation Paper
Real Estate and Business Brokers Act, 2002
Code of Ethics, O. Reg. 580/05
General Regulation, O. Reg. 567/05
Proposal Number:
17-MGCS009
Posting Date:
June 23, 2017
Comments Due Date:
July 24, 2017
Contact Address:
Ministry of Government and Consumer Services
Consumer Policy and Liaison Branch
DAA Policy and Oversight Unit
56 Wellesley St. West, 6th Floor
Toronto ON M7A1C1
Attention :
Kelly Houston-Routley, Manager
Consumer Policy and Liaison Branch
DAA Policy and Oversight Unit
56 Wellesley St. West, 6th Floor
Toronto ON M7A1C1
Attention :
Kelly Houston-Routley, Manager