HomeC.C.S.M. c. R20
The Real Estate Brokers Act
| Back to the Act | Regulations |
| 1 | Definitions |
| PART I | |
| REGISTRATION | |
| 2 | Registration |
| 3(1) | Application |
| (2) | Address for service |
| (3) | Further information |
| (4) | Trades and transactions by authorized official and others on behalf of broker |
| (5) | Qualifications of authorized officials |
| (6) | Authorized officials required |
| (7) | Branch office to be registered |
| (8) | Registration of branch office |
| (9) | Authorized official in charge of one office only |
| (10) | Broker to designate Manitoba representative |
| 4(1) | Broker registration requirements |
| (2) | Additional bonding requirements |
| (3) | Change of partnership |
| (4) | Cancellation of broker's bond |
| (5) | Registrar may refuse renewal |
| (6) | Collateral guarantee to be disclosed by bonding company |
| (7) | Non-application of subsection (1) |
| 5 | Application of The Business Names Registration Act |
| 6 | Application for change of registration |
| 7(1) | Written examinations |
| (2) | Different examination |
| (3) | Examination where applicant is partnership or company |
| (4) | Discretion of commission as to examination |
| (5) | Conduct of examinations |
| (6) | Filing of examination |
| (7) | Course of instruction |
| (8) | Experience requirement |
| (9) | Refusal of registration |
| 8(1) | Issuing certificate of registration |
| (2) | Refusal of registration for certain reasons |
| (3) | Refusal of registration |
| (4) | Notice of refusal |
| (5) | Inspection of register |
| 9 | Review by commission |
| 10 | Applicant may re-apply |
| 11(1) | Suspension and cancellation |
| (2) | Automatic suspension of salesman's registration |
| (3) | Recording of suspension |
| (4) | Effect of suspension on registration |
| 12(1) | Renewal of registration |
| (2) | Change in registration |
| (3) | Reason for termination of appointment of authorized official |
| 13(1) | Effect of termination of employment on salesman's registration |
| (2) | Notification of termination to registrar |
| 14(1) | Transfer of salesman to new employer |
| (2) | Refusal of approval by registrar |
| (3) | Reasons for termination of former employment may be required |
| (4) | Former employer not excused from giving notice |
| 15(1) | Dealing by officials and salesmen prohibited |
| (2) | Dealing defined |
| (3) | Permitted trading by officials and salesmen |
| (4) | Prohibition of other trading by officials and salesmen |
| (5) | Report to employer |
| (6) | Officials and salesmen to be paid by employer only |
| 16 | Conditional registration |
| 17(1) | Expiry of registration |
| (2) | Extension of registration |
| 18 | |
| PART II | |
| REGULATION OF BROKERS AND SALESMEN | |
| 19(1) | Definition |
| (2) | Purchase by broker, etc., of property listed |
| (3) | Purchase by selling broker, etc., on co-operative listing |
| (4) | Disclosure required |
| (5) | Commission not payable may be recovered |
| (6) | Consequences of non-disclosure |
| (7) | Broker not to submit contravening offer |
| (8) | "Sale" to include "lease" |
| (9) | Disclosure of interest by broker, etc., on sale |
| (10) | Consequences of non-disclosure |
| (11) | Exceptions |
| (12) | Indemnity on rescission |
| (13) | Disclosure by all registrants when purchasing |
| 20 | Exclusive listing to be in duplicate, etc. |
| 21(1) | Offer to purchase to be in writing |
| (2) | Acceptance of offer to purchase to be in writing |
| (3) | Use of printed form |
| (4) | Exception |
| 22(1) | Contents of offer to purchase |
| (2) | Accepted offer to show commission payable |
| 23 | Non-compliance to invalidate offer and acceptance |
| 24(1) | Employment of unregistered salesman prohibited |
| (2) | Where subsec. (1) not applicable |
| 25 | Moneys to be turned over to broker |
| 26(1) | Trust money and trust accounts |
| (1.1) | Interest on trust money |
| (1.2) | Broker as trustee to remit to commission |
| (1.3) | Broker need not account |
| (1.4) | Exemption |
| (1.5) | Broker as trustee |
| (1.6) | Standard of Care |
| (1.7) | Use of interest |
| (1.8) | Consolidated Revenue Fund |
| (1.9) | Existing programs |
| (2) | Inspection of books, etc |
| (3) | Access to books, etc. |
| (4) | Refusal to produce books, etc. |
| (5) | Definition of "bank" |
| (6) | Freezing of trust account if broker loses registration |
| (7) | Effect of freezing |
| (8) | Revocation of freezing |
| (9) | Payment of trust money to commission |
| (10) | Commission may require particulars |
| (11) | Commission may order bank to pay over trust money |
| (12) | Commission to hold money in account |
| (13) | Annual payment to Consolidated Fund |
| (14) | Refund of trust money |
| 27(1) | Broker to hold deposits as trustee and not as agent |
| (2) | Exception |
| (3) | |
| 28(1) | Records to be kept by broker for five years |
| (2) | Books and records to be open for examination by the registrar |
| 29(1) | Inducement by broker etc., prohibited |
| (2) | Failure to comply with subsec. (1) not to affect other rights |
| 30(1) | No commission where another broker holds exclusive listing |
| (2) | Inducement of breach of contract prohibited |
| 31(1) | Listing agreements |
| (2) | Invalidity |
| 32(1) | Amount of commission |
| (2) | No commission payable on difference between list and actual sale price |
| PART III | |
| INVESTIGATION AND ACTION | |
| 33 | Power to investigate |
| 34(1) | Costs of an investigation |
| (2) | Recovery of costs |
| 35(1) | Freezing of funds |
| (2) | Application for directions |
| (3) | Filing of certificate in L.T.O. |
| (4) | Effect of certificate |
| (5) | Setting aside direction or certificate |
| 36 | Failure to give information, etc. |
| 37 | Acting upon finding fraud |
| 38 | Evidence |
| 39(1) | Forfeiture of bond |
| (2) | Forfeiture upon bankruptcy or winding-up proceedings |
| (3) | Assignment of bond or payment of moneys to creditors |
| 39.1(1) | Establishment of Reimbursement Fund |
| (2) | Payment out of fund - fraud or conviction |
| (3) | Payment out of fund - bankruptcy |
| (4) | Association is subrogated |
| PART IV | |
| OFFENCES AND PENALTIES | |
| 40(1) | Registration |
| (2) | Additional penalty |
| 41(1) | Exemptions |
| (2) | Exemption for solicitors |
| (3) | Exemption for mineral interest brokers |
| (4) | Conflicts with The Securities Act |
| 42(1) | False statements made to commission, etc. |
| (2) | False statement defined |
| (3) | General offences |
| (4) | Offences by corporations |
| (5) | Penalties |
| (6) | Application of subsection (5) |
| (7) | Violation of The Mortgage Dealers Act |
| PART V | |
| GENERAL PROVISIONS | |
| 43 | No action, etc., against persons administering Act |
| 44(1) | Advertising real estate by unregistered person prohibited |
| (2) | Disclosure by broker |
| (3) | Disclosure by authorized official |
| (4) | Disclosure by salesman |
| (5) | Salesman not to be described as broker |
| 45 | Registration not to be advertised |
| 46 | Complaint within two years |
| 47 | Exemptions by commission |
| 48 | Costs |
| 49 | Regulations |
| PART VI | |
| REGULATION OF TRADING IN SUBDIVISION LOTS LOCATED OUTSIDE MANITOBA | |
| 50 | Definitions |
| 51(1) | Prospectus required for subdivision outside Manitoba |
| (2) | Certain representations prohibited |
| (3) | Right of rescission |
| (4) | Other rights preserved |
| 52(1) | Prospectus to be delivered |
| (2) | Acknowledgment to be retained |
| (3) | When purchaser entitled to rescission |
| (4) | Onus of proof |
| (5) | Other rights preserved |
| 53(1) | Disclosure required in prospectus |
| (2) | By whom prospectus to be filed |
| (3) | Material in support of prospectus |
| (4) | Further requirements |
| (5) | Non-resident owner |
| 54 | Conditions precedent to grant of certificate |
| 55(1) | Inquiries, etc. |
| (2) | Costs |
| 56 | Powers of registrar |
| 57 | Time for appeal by non-residents |
| 58(1) | Change in circumstances |
| (2) | New prospectus annually |
| (3) | Failure to file new prospectus |
| (4) | Application of sections 50 to 56 |
| 59(1) | Stop orders |
| (2) | Temporary order |
| (3) | No appeal from temporary order |
| 60(1) | Approval of advertisements |
| (2) | Changes of circumstances |
| 61 | Exemption of certain trading |
| 62 | Power of commission to exempt |
