O. Reg. 579/05: EDUCATIONAL REQUIREMENTS, INSURANCE, RECORDS AND OTHER MATTERS

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Trust in Real Estate Services Act, 2002

ONTARIO REGULATION 579/05

educational requirements, Insurance, records and other matters

Consolidation Period: From December 1, 2023 to the e-Laws currency date.

Last amendment: 233/23.

Legislative History: 60/07, 307/14, 81/17, 538/20, 366/22 (as am. by 233/23), 233/23.

This is the English version of a bilingual regulation.

CONTENTS

 

Educational Requirements for Registration

Initial educational requirements for salespersons

1. (1) If an applicant for registration as a salesperson has not previously been registered as a salesperson, the applicant shall, before making the application, successfully complete all the educational courses that are designated by the registrar for applicants of that type.  O. Reg. 579/05, s. 1 (1).

(2) Despite subsection (1), if an applicant for registration referred to in that subsection has complied with that subsection but does not make the application within 12 months after the last educational course was successfully completed, the applicant shall, before making the application, repeat and again successfully complete all the educational courses referred to in that subsection.  O. Reg. 579/05, s. 1 (2).

(3) Subsection (2) applies, with necessary modifications, to an applicant for registration referred to in subsection (1) who, in accordance with subsection (2), repeats and again successfully completes all the educational courses referred to in subsection (1).  O. Reg. 579/05, s. 1 (3).

Articling requirements for salespersons

2. (1) An applicant for renewal of registration as a salesperson shall, before making the application, successfully complete all the educational courses that are designated by the registrar for applicants of that type.  O. Reg. 579/05, s. 2 (1).

(2) Subsection (1) also applies to an applicant for registration as a salesperson who has previously been registered as a salesperson.  O. Reg. 579/05, s. 2 (2).

(3) Subsections (1) and (2) do not apply to the following applicants:

1.  An applicant who successfully completed all the educational courses referred to in subsection (1) before making a previous application for registration or renewal of registration as a salesperson, if the previous application was approved.

2.  An applicant for registration as a salesperson who has previously been registered as a salesperson but ceased to be registered before the registration expired and who makes the application before the date the applicant’s previous registration as a salesperson would have expired.

3.  An applicant to whom subsection 6 (1) applies.  O. Reg. 579/05, s. 2 (3).

(4) Despite subsection 10 (1), if, pursuant to paragraph 2 of subsection (3), subsection (2) does not apply to an applicant for registration as a salesperson and the application is approved, the registration expires on the date that the applicant’s previous registration would have expired if he or she had not ceased to be registered.  O. Reg. 579/05, s. 2 (4).

Initial educational requirements for brokers

3. If an applicant for registration as a broker has not previously been registered as a broker, the applicant shall, before making the application, successfully complete all the educational courses that are designated by the registrar for applicants of that type.  O. Reg. 579/05, s. 3.

Continuing education for salespersons

4. (1) If section 1 and subsections 2 (1) and (2) do not apply to an applicant for registration or renewal of registration as a salesperson, the applicant shall, before making the application, successfully complete the number of courses that the registrar specifies from among the educational courses that the registrar designates for salespersons.  O. Reg. 579/05, s. 4 (1).

(2) Subsection (1) does not apply to an applicant described in paragraph 2 of subsection 2 (3).  O. Reg. 579/05, s. 4 (2).

Continuing education for brokers

5. If an applicant for registration or renewal of registration as a broker has previously been registered as a broker, the applicant shall, before making the application, successfully complete the number of courses that the registrar specifies from among the educational courses that the registrar designates for brokers.  O. Reg. 579/05, s. 5.

24-month break in registration

6. (1) If an applicant for registration as a salesperson has previously been registered as a salesperson but has not been registered as a salesperson at any time in the 24 months immediately preceding the date of the application,

(a)  section 4 does not apply; and

(b)  the applicant shall, before making the application, successfully complete the educational courses that the registrar designates for the applicant.  O. Reg. 579/05, s. 6 (1).

(2) If an applicant for registration as a broker has previously been registered as a broker but has not been registered as a broker at any time in the 24 months immediately preceding the date of the application,

(a)  section 5 does not apply; and

(b)  the applicant shall, before making the application, successfully complete the educational courses that the registrar designates for the applicant.  O. Reg. 579/05, s. 6 (2).

Applicants from other jurisdictions

7. (1) If an applicant for registration as a salesperson was registered in another jurisdiction as a person with equivalent status to a real estate or business broker or salesperson in Ontario or had equivalent status in that jurisdiction to a real estate or business broker or salesperson in Ontario, the registrar may exempt the applicant from section 1 or subsection 2 (1) or (2) and require the applicant, before making the application, to successfully complete the educational courses that the registrar designates for the applicant.  O. Reg. 579/05, s. 7 (1).

(2) If an applicant for registration as a broker was registered in another jurisdiction as a person with equivalent status to a real estate or business broker in Ontario or had equivalent status in that jurisdiction to a real estate or business broker Ontario, the registrar may exempt the applicant from section 3 and require the applicant, before making the application, to successfully complete the educational courses that the registrar designates for the applicant.  O. Reg. 579/05, s. 7 (2).

Designation of organization

8. (1) The registrar shall designate one or more organizations that are authorized to provide the educational courses referred to in sections 1 to 7.  O. Reg. 579/05, s. 8 (1).

(2) The registrar may cancel or amend a designation of an organization.  O. Reg. 579/05, s. 8 (2).

Requirements to be made available

9. The registrar shall make available to the public a description of the requirements established by sections 1 to 5, including the educational courses referred to in those sections and the organizations that are authorized to provide those courses.  O. Reg. 579/05, s. 9.

Expiration of Registration

Expiration of registration

10. (1) Subject to subsection (2), a registration expires at the end of the day on the day before the second anniversary of the date it takes effect.  O. Reg. 579/05, s. 10 (1).

(2) When a registration is renewed, the renewed registration expires at the end of the day on the second anniversary of the date the previous registration expired under subsection (1), even if the previous registration was deemed to be continued under subsection 14 (8) of the Act.  O. Reg. 579/05, s. 10 (2).

Insurance

Insurance coverage

11. (1) In this section,

“deposit insurance” means insurance to pay claims for the loss of a deposit or part of a deposit in relation to a trade in real estate, if the claims arise out of money or other property entrusted to or received by a registrant as a deposit in the course of trading in real estate; (“assurance-dépôts”)

“professional liability insurance” means insurance to pay for damages and legal costs arising out of claims for damages made against a registrant for an error, omission or negligent act in the course of trading in real estate. (“assurance-responsabilité civile professionnelle”) O. Reg. 81/17, s. 1; O. Reg. 538/20, s. 1 (1).

(2) All registrants shall be insured under a group insurance policy that is arranged and administered by the board of the administrative authority and that provides for the following:

1.  Professional liability insurance that provides coverage of at least $1 million in respect of any particular claim under the insurance and at least $3 million for all claims under the insurance made in any policy year against any particular registrant.

2.  Deposit insurance that provides coverage of at least $100,000 in respect of any particular claim under the insurance and at least $1,000,000 for all claims under the insurance in respect of the same occurrence.

3.  Insurance described in subsection (2.1) that provides coverage of at least $100,000 in respect of any particular claim under the insurance and at least $1,000,000 for all claims under the insurance in respect of the same occurrence. O. Reg. 81/17, s. 1; O. Reg. 538/20, s. 1 (2).

(2.1) For the purposes of paragraph 3 of subsection (2), insurance means insurance to pay claims made by a registrant for remuneration in relation to a trade in real estate, if the claims arise out of money or other property entrusted to or received by another registrant in the course of trading in real estate. O. Reg. 538/20, s. 1 (3).

(3) The board of the administrative authority may arrange for and administer the group insurance described in subsection (2) and may act as the named insured. O. Reg. 81/17, s. 1.

(4) Every registrant who is insured under the group insurance policy described in subsection (2) shall pay the registrant’s share, as determined in accordance with subsection (5), of,

(a)  the premiums and deductibles required by the policy and any applicable taxes; and

(b)  the expenses of the board of the administrative authority that are associated with the policy, including contributions to any reserve funds related to the policy. O. Reg. 81/17, s. 1.

(5) The board of the administrative authority shall determine the share that subsection (4) requires a registrant to pay, which may be nil. O. Reg. 81/17, s. 1.

(6) Every registrant shall make the payments required by subsection (4) on or before the due dates fixed by the board of the administrative authority. O. Reg. 81/17, s. 1.

(7) At the time of applying for registration, an applicant shall pay the amount that the applicant would be required to pay under subsection (4) if the applicant were a registrant. O. Reg. 81/17, s. 1.

(8) This section does not prevent a registrant from carrying insurance in addition to the insurance required by subsection (2). O. Reg. 81/17, s. 1.

Trust Money

Records of trust money transactions

12. A brokerage shall make a written record of the receipt of any money that comes into the brokerage’s hands in trust for other persons in connection with the brokerage’s business, and of every transaction relating to that money, including the following information:

1.  The amount of money that came into the brokerage’s hands in trust for another person in connection with the brokerage’s business.

2.  The date the money came into the brokerage’s hands.

3.  The name of the person from whom the money was received and, if the money was received on another person’s behalf, the name of the person on whose behalf the money was received.

4.  The purpose of receiving the money.

5.  The name of the broker or salesperson who received the money.

6.  With respect to every deposit into the trust account maintained under section 27 of the Act,

i.  a way of identifying the money that came into the brokerage’s hands in trust to which the deposit relates, including,

A.  the name of the person from whom the money was received, and

B.  the real estate, if any, to which the money relates,

ii.  the amount of the deposit, and

iii.  the date the deposit was made.

7.  With respect to every disbursement from the trust account maintained under section 27 of the Act,

i.  the amount of the disbursement,

ii.  the date the disbursement was made,

iii.  the name of the person to whom the money was disbursed,

iv.  the real estate, if any, to which the disbursement relates,

v.  the purpose of the disbursement, and

vi.  the name of the person who authorized the disbursement under section 19 of Ontario Regulation 567/05 (General) made under the Act.

8.  With respect to every payment of interest on money held in the trust account maintained under section 27 of the Act,

i.  a way of identifying the money that came into the brokerage’s hands in trust to which the payment relates,

ii.  the amount of the payment,

iii.  the date the payment was made, and

iv.  the name of the person who authorized the payment of interest under section 19 of Ontario Regulation 567/05 (General) made under the Act.  O. Reg. 579/05, s. 12.

Monthly reconciliation

13. (1) A brokerage shall prepare a trust account reconciliation statement in accordance with this section for each trust account maintained under section 27 of the Act not later than,

(a)  in the case of a brokerage that receives a monthly account statement from the financial institution where the account is maintained, 30 days after the date the monthly account statement is received; and

(b)  in any other case, 30 days after the last day of each month.  O. Reg. 579/05, s. 13 (1).

(2) The reconciliation statement shall,

(a)  identify the differences, if any, between the brokerage’s records and the records of the financial institution where the account is maintained, as of,

(i)  the date of the account statement from the financial institution, if clause (1) (a) applies, and

(ii)  the last day of the month to which the reconciliation statement relates, if clause (1) (b) applies; and

(b)  identify the balances in the trust account that are owing to each person as of,

(i)  the date of the account statement from the financial institution, if clause (1) (a) applies, and

(ii)  the last day of the month to which the reconciliation statement relates, if clause (1) (b) applies.  O. Reg. 579/05, s. 13 (2).

(3) The brokerage’s broker of record shall, within the time referred to in subsection (1),

(a)  review the reconciliation statement; and

(b)  sign and date the reconciliation statement to indicate that he or she has reviewed it.  O. Reg. 579/05, s. 13 (3).

(4) When the broker of record is absent or unable to act, the broker designated under subsection 30 (2) of Ontario Regulation 567/05 (General) made under the Act shall exercise and perform the powers and duties of the broker of record under subsection (3).  O. Reg. 579/05, s. 13 (4).

Shortfall

14. If a brokerage determines that there is a shortfall in the trust account maintained under section 27 of the Act, the brokerage shall immediately notify the registrar of the shortfall and deposit sufficient funds in the account to eliminate the shortfall. O. Reg. 579/05, s. 14; O. Reg. 366/22, s. 1.

Other Property in Trust

Records of trust property

15. A brokerage shall make a written record of the receipt of property that is not money and that comes into the brokerage’s hands in trust for other persons in connection with the brokerage’s business, and of every transaction relating to that property, including the following information:

1.  A description of the property sufficient to identify it.

2.  The date the property came into the brokerage’s hands.

3.  The name of the person from whom the property was received and, if the property was received on another person’s behalf, the name of the person on whose behalf the property was received.

4.  The purpose of receiving the property.

5.  The name of the broker or salesperson who received the property.

6.  With respect to every withdrawal of the property from trust,

i.  a description of the property withdrawn sufficient to identify it,

ii.  the date of the withdrawal,

iii.  the name of the person who received the withdrawal,

iv.  the real estate, if any, to which the withdrawal of property relates,

v.  the purpose of the withdrawal, and

vi.  the name of the person who authorized the withdrawal under subsection 20 (2) of Ontario Regulation 567/05 (General) made under the Act.  O. Reg. 579/05, s. 15.

Missing property

16. If a brokerage determines that some or all of property that is not money and that came into the brokerage’s hands in trust for other persons in connection with the brokerage’s business is missing, the brokerage shall immediately notify the registrar of the missing property and replace the missing property. O. Reg. 579/05, s. 16; O. Reg. 366/22, s. 2.

Trade Record Sheets

Trade record sheets

17. (1) A brokerage that provides services to a client who enters into an agreement that deals with the conveyance of an interest in real estate shall complete a trade record sheet that includes the following information:

1.  The nature of the trade.

2.  A description of the real estate sufficient to identify it.

3.  The true consideration for the trade.

4.  The names of all parties to the trade.

5.  The names and contact information of the lawyers, if any, who are representing parties to the trade.

6.  The names and contact information of all registrants who are representing parties to the trade.

7.  The following information if a deposit is received:

i.  the amount of the deposit, if the deposit is money,

ii.  a description of the deposit sufficient to identify it, if the deposit is not money, and

iii.  a record of the disbursement or withdrawal of the deposit, as the case may be.

8.  The amount of the brokerage’s remuneration and the name of the party paying it.

9.  The amount of any remuneration payable to another brokerage and the name of that brokerage.

10.  The scheduled completion date for the conveyance of the interest in real estate and the amended completion date, if any. O. Reg. 579/05, s. 17 (1); O. Reg. 538/20, s. 2; O. Reg. 233/23, s. 1.

(2) The broker or salesperson that represents the client referred to in subsection (1) shall enter the information referred to in that subsection into the trade record sheet. O. Reg. 579/05, s. 17 (2).

(3) When there are no conditions in the agreement that remain to be satisfied, the broker or salesperson shall review the trade record sheet, make all necessary corrections to it, initial the corrections and sign the trade record sheet. O. Reg. 579/05, s. 17 (3).

(4) In making corrections under subsection (3), a broker or salesperson shall not obliterate a previous entry but shall leave it legible. O. Reg. 579/05, s. 17 (4).

(5) After the broker or salesperson signs the trade record sheet, the brokerage’s broker of record shall,

(a)  return the sheet to the broker or salesperson if the broker of record is not satisfied that the information in the sheet is accurate; and

(b)  sign the trade record sheet when the broker of record is satisfied that the information in the sheet is accurate. O. Reg. 579/05, s. 17 (5).

(6) When the broker of record is absent or unable to act, the broker designated under subsection 30 (2) of Ontario Regulation 567/05 (General) made under the Act shall exercise and perform the powers and duties of the broker of record under subsection (5). O. Reg. 579/05, s. 17 (6).

(7) Revoked: O. Reg. 366/22, s. 3 (2).

Records

Additional records

18. In addition to other records required to be made under the Act and the regulations, a brokerage shall make such records as are reasonably required for the conduct of the brokerage’s business of trading in real estate. O. Reg. 366/22, s. 4.

Retention of records

19. A brokerage shall retain all documents and records that it is required to make under the Act and the regulations,

(a)  for the time period specified by the registrar or, if the registrar has not specified a time period, for at least six years;

(b)  at the location specified by the registrar or, if the registrar has not specified a location, at the brokerage’s main office; and

(c)  in the manner, if any, specified by the registrar. O. Reg. 366/22, s. 4.

19.1 Revoked: O. Reg. 366/22, s. 4.

Complaints

Retention of offers that are not accepted

20. (1) For the purposes of subsection 35.1 (2) of the Act, this section applies in respect of a written offer to purchase real estate if,

(a)  the offer is received by a brokerage acting on behalf of a seller for the purpose of presenting it to the seller; and

(b)  the offer did not result in the purchase of the real estate. O. Reg. 366/22, s. 4.

(2) Despite clause 19 (a), a brokerage acting on behalf of a seller shall retain a copy of the written offer for at least one year after the date the brokerage received it. O. Reg. 366/22, s. 4.

(3) Subsection (2) does not apply if the written offer was made by a client of a registrant and the brokerage retains a copy of a document that contains the following information for at least one year after the date the brokerage received the written offer:

1.  The name and signature of the person who made the offer to purchase the real estate.

2.  The name and contact information of the seller of the real estate.

3.  The name of the brokerage and of the broker or salesperson who acted for the seller.

4.  The name of the brokerage and of the broker or salesperson who acted for the person who made the offer.

5.  The address, legal description or other identifier of the real estate on which the offer was made.

6.  The date and time the offer was made.

7.  The date and time the offer was received by the brokerage for the purposes of presenting it to the seller, and the means by which the offer was received, such as in person or by fax.

8.  If the brokerage presented the offer to the seller, the date of presentation.

9.  The date and time, if any, until which the offer was irrevocable. O. Reg. 366/22, s. 4.

Notice by Registrar to Broker of Record

Complaints

21. (1) If the registrar makes a written request to a brokerage for information regarding complaints under clause 19 (1) (b) of the Act, the registrar shall give a copy of the request to the broker of record of the brokerage. O. Reg. 366/22, s. 4.

(2) If the registrar makes a written request to a broker or salesperson for information regarding complaints under clause 19 (1) (b) of the Act, the registrar shall give a copy of the request to the broker of record of the brokerage that employs the broker or salesperson. O. Reg. 366/22, s. 4.

Actions by registrar

22. (1) If the registrar takes any action referred to in clause 19 (1) (c) or paragraphs 1 to 5 of section 20 of the Act in respect of a brokerage, the registrar shall give written notice of the action to the broker of record of the brokerage. O. Reg. 366/22, s. 4.

(2) If the registrar takes any action referred to in clause 19 (1) (c) or paragraphs 1 to 5 of section 20 of the Act in respect of a broker or salesperson, the registrar shall give written notice of the action to,

(a)  the broker or salesperson; and

(b)  the broker of record of the brokerage that employs the broker or salesperson. O. Reg. 366/22, s. 4.

 

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