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