Skip to main content
The Real Estate Services Act

S.M. 2015, c. 45

Bill 70, 4th Session, 40th Legislature

The Real Estate Services Act

PART 1
INTRODUCTORY PROVISIONS
1 Definitions
2 (1) Registrar and deputy registrar
(2) Deputy registrar to act in place of registrar
PART 2
REGISTRATION
3 Registration required
4 Exemptions
5 (1) Registration categories
(2) Services under registration categories governed by regulations
CONNECTIONS BETWEEN BROKERAGES AND OTHER REGISTRANTS
6 (1) Brokerage must act through registrant engaged by brokerage
(2) Brokerage must have a managing registrant
(3) Prohibition against multiple offices unless registered
7 Role of managing registrant
8 (1) Registrant must be registered to brokerage and engaged by it
(2) Registrants must not act on behalf of other brokerages
(3) Brokerage's registration conditions and restrictions apply to brokerage's registrants
(4) Managing registrant's registration conditions and restrictions apply to brokerage's other registrants
9 (1) Supervision of brokerage offices
(2) Registrant may not supervise more than one office
(3) Considerations of registrar
THE REGISTRATION PROCESS
10 (1) Registration of individuals
(2) Registration of corporations and partnerships
11 Applying to become registered or to renew a registration
12 Bond or security required to be registered as brokerage
13 Commission may require additional security
14 Bond or security must be maintained throughout registration
15 (1) Granting registration or renewal of registration
(2) Evidence of registration
(3) Duration of registration
(4) Registrar to maintain registration records
(5) Registration records to be public
(6) Registration records to be online and include particulars of disciplinary action
16 (1) Refusing to grant a registration or renewal
(2) Conditions or restrictions on registration or renewal
17 Notice to registrar when engagement ends
TRANSFER OF REGISTRATION
18 (1) Application to transfer registration
(2) Processing a transfer application
19 (1) Surrender of registration
(2) Granting or refusing surrender
(3) Registrar may impose conditions on surrender
20 Review by commission of registration decisions
NON-DISCIPLINARY SUSPENSION OF REGISTRATION
21 (1) Suspension of brokerage registration for contravening financial responsibility requirements
(2) End suspension when compliance resumes
22 (1) Automatic suspension of brokerage — no managing registrant
(2) End of automatic suspension of brokerage
23 (1) Automatic suspension of other registrants in certain circumstances
(2) End of automatic suspension of registrant
PART 3
CONDUCT OF REGISTRANTS
COMPLIANCE WITH ACT AND REGISTRATION CONDITIONS OR RESTRICTIONS
24 (1) Registrant must comply with Act and regulations
(2) Compliance with registration conditions and restrictions
SERVICE AGREEMENTS
25 (1) Service agreements
(2) Registrant must not provide services without service agreement
(3) Content and formalities of service agreement
(4) Amendments or additions must be in writing
26 (1) Copy of service agreement to be given to person
(2) Copy of service agreement to be given to brokerage
(3) Application to amendments and additions
REGISTRANTS' OBLIGATIONS REGARDING OFFERS AND ACCEPTANCES
27 (1) Offer to trade in real estate must be in writing
(2) Counter-offer must be in writing
(3) Offer must be completed before being signed
(4) Use of prescribed form
(5) Exception
28 Prompt delivery of offers to trade in real estate
29 (1) Acceptance of offer to trade in real estate
(2) Prompt delivery of acceptance
REGISTRANT TRADING ON OWN BEHALF
30 (1) Disclosure when registrant trades in real estate
(2) Copy to disclosure to brokerage
31 No remuneration when trading with own client
32 Meaning of "related"
DEALINGS WITH CLIENTS OF OTHER BROKERAGES
33 (1) Prohibition on registrant inducing person to break contract
(2) No remuneration if listed with another brokerage
FURNISHING FALSE OR DECEPTIVE INFORMATION OR DOCUMENTS
34 Furnishing false or deceptive information
ADVERTISING
35 (1) Advertisement must identify brokerage and any individuals depicted
(2) Advertisement must not name or depict non-registrant
36 No advertising in relation to specific real estate without owner's consent
37 (1) Prohibition on false or deceptive advertising
(2) Restriction on advertising future school development
TRUST ACCOUNTS
38 Obligation to maintain trust account
39 Commission may require information about trust account
40 (1) Interest payable to the commission
(2) Not required to account for interest
(3) Use of interest
(4) Regulations by Lieutenant Governor in Council
41 (1) Agreement re alternate interest arrangements
(2) Brokerage must comply with instructions
42 (1) Unclaimed trust money may be paid over to commission
(2) Liability for trust money extinguished
(3) Trust property
(4) Payment to claimant
(5) Money held for 10 years without claim
43 (1) Application to Court of Queen's Bench re claim to trust money
(2) Court may make appropriate order
(3) Effect of order on commission's liability
PART 4
COMPLAINTS, INVESTIGATIONS AND ACTIONS
INTERPRETATION
44 Definitions
45 Application to former registrants
PROFESSIONAL MISCONDUCT BY A REGISTRANT OR CONDUCT UNBECOMING A REGISTRANT
46 (1) Professional misconduct by registrant
(2) Conduct unbecoming by registrant
(3) Conduct of partnerships and corporations
COMPLAINTS
47 (1) Complaint about registrant's or other person's conduct
(2) How to complain
(3) Information to be provided to the complainant
(4) Actions by registrar
INVESTIGATIONS
48 (1) Investigations
(2) When an investigation may be conducted
(3) Registrar has powers of investigator
(4) Request for information
(5) Duty to comply with request
(6) Right of entry
(7) Identification to be shown on request
(8) Entry into dwelling only with consent or warrant
49 (1) Assistance to investigator
(2) Investigator may make copies
(3) Investigator may remove records to make copies
(4) Electronic records
50 Obstructing or interfering with investigator
51 Application of certain provisions of Securities Act
52 Copies as evidence
53 (1) Warrant to enter for purposes of investigation
(2) Application without notice
54 (1) Request to commission for investigation order
(2) Application of section 24 of Securities Act
DISCIPLINARY ACTIONS BY REGISTRAR
55 (1) Disciplinary actions by registrar
(2) Grounds for disciplinary action
(3) When disciplinary action is effective
56 (1) Emergency suspension
(2) Notification of suspension
(3) Duration of suspension
57 (1) Review by the commission of registrar's decisions
(2) Reference by registrar to commission
DISCIPLINARY HEARINGS BY THE COMMISSION
58 (1) Initiating a disciplinary hearing
(2) Conduct of disciplinary hearing
59 (1) Orders that may be made against a registrant
(2) Orders respecting unregistered persons carrying on an activity requiring registration
(3) Regulations by minister
60 (1) Costs of the investigation
(2) Failure to pay penalties and costs by time ordered
(3) Filing of order
ORDERS TO FREEZE FUNDS AND OTHER ASSETS
61 (1) Application of section
(2) Orders without notice
(3) Orders to third party
(4) Order to refrain from withdrawals
(5) Trust order against designated registrant
(6) Effect
(7) Release of assets
(8) Filing notice in the land titles office
(9) Effect of notice in land titles office
62 (1) Application to court re order coverage
(2) Application to court re disposition
(3) Application by commission re direction or disposition
(4) Court may make appropriate order
(5) Application by registrant to cancel order
(6) Cancellation by court
(7) Application by affected person to discharge filing
(8) Discharge by court
APPOINTMENT OF RECEIVER, RECEIVER AND MANAGER, OR TRUSTEE
63 (1) Commission may apply to court for appointment
(2) Order by court
(3) Appointment period
(4) Continuation
(5) Powers of appointee
(6) Effect of appointment
(7) Orders relating to fees, expenses and costs
APPLICATION FOR INJUNCTION
64 (1) Application for injunction
(2) Court may grant injunction
(3) Court may grant interim injunction
PART 5
REAL ESTATE REIMBURSEMENT FUND
65 (1) Establishment or continuance of reimbursement fund
(2) Payment out of fund — misconduct
(3) Payment out of fund — bankruptcy
(4) Compliance with order
(5) Manitoba Real Estate Association is subrogated
(6) Amounts recovered to be credited to fund
PART 6
REGULATION OF TRADING IN SUBDIVISION LOTS LOCATED OUTSIDE MANITOBA
66 Definitions
67 (1) Prospectus required for subdivision outside Manitoba
(2) Certain representations prohibited
(3) Right of rescission
(4) Other rights preserved
68 (1) Prospectus to be delivered
(2) Acknowledgment to be retained
(3) When purchaser entitled to rescission
(4) Onus of proof
(5) Other rights preserved
69 (1) Disclosure required in prospectus
(2) By whom prospectus to be filed
(3) Material in support of prospectus
(4) Further requirements
(5) Service of notices at designated address for service
(6) Non-resident owner
(7) Revocation of power of attorney
(8) Attorney must be Manitoba resident
70 Conditions precedent to grant of certificate
71 (1) Inquiries in respect of prospectus
(2) Costs
72 (1) Issuing certificate of acceptance
(2) Refusing to issue certificate of acceptance
73 Time for appeal by non-residents
74 (1) Change in circumstances
(2) New prospectus annually
(3) Failure to file new prospectus
(4) Application of sections 67 to 72
75 (1) Stop orders
(2) Emergency stop order
(3) Notice of emergency order
(4) No appeal from emergency order
(5) Stop order for failure of bond
(6) No appeal from stop order re bond
76 (1) Approval of advertisements
(2) Changes of circumstances
77 Exemption of certain trading
78 Power of commission to exempt
PART 7
GENERAL PROVISIONS
REGISTRANT'S BUSINESS RECORDS
79 (1) Requirement to keep business records
(2) Registrar may examine records
(3) Records to be made available for examination.
(4) Fees
(5) Investigation powers apply to examinations
COMMISSION DECISIONS AND ORDERS MUST BE PUBLIC
80 (1) Decision and orders available to the public
(2) Identity of certain persons may be withheld
APPEALS
81 Application of section 30 of Securities Act
REMUNERATION IN CONNECTION WITH REAL ESTATE SERVICES
82 (1) Prohibited remuneration
(2) No recovery of remuneration by unregistered person
EXEMPTIONS BY COMMISSION ORDER
83 Exemption orders by commission
OFFENCES
84 (1) Offences
(2) Penalty
(3) Corporate officers and directors
(4) Offences by partners
REGULATIONS
85 (1) Regulations by commission
(2) Regulations may be general or particular
(3) Approval of certain regulations
CONSEQUENTIAL AMENDMENTS
86 (1) Consequential amendments, C.C.S.M. c. C200
(2)
(3)
87 (1) Consequential amendments, C.C.S.M. c. M210
(2)
(3)
88 (1) Consequential amendment, C.C.S.M. c. S50
(2)
(3)
89 Repeal
90 C.C.S.M. reference
91 Coming into force