Minister’s Order

WHEREAS clause 8.2 (1) (b) of the Safety and Consumer Statutes Administration Act, 1996 (the “SCSAA”) provides that the Minister may, by order, establish rules about the nomination of board members, the appointment or election process, the length of their terms and whether they may be reappointed or re-elected;

AND WHEREAS the Real Estate Council of Ontario (“RECO’s”) is designated as the administrative authority for the purpose of administering the provisions of the Trust in Real Estate Services Act, 2002 and the regulations made under that Act;

AND WHEREAS RECO’s is required to exercise its powers and duties to protect, enhance and improve consumer protection and to comply with the principles of maintaining a fair, safe and informed marketplace and promoting the protection of the public interest;

AND WHEREAS establishing rules under clause 8.2 (1) (b) facilitates an effective board by bringing different perspectives to RECO’s as well as aligning with best practices of administrative authority governance;

NOW THEREFORE pursuant to clause 8.2 (1) (b) of the SCSAA I hereby make the following Order:

  1. In this order,
    “Board” means the board of directors of RECO’s;
    “registrant” has the same meaning as in the Trust in Real Estate Services Act, 2002.
  2. The following rules are hereby established:
    Nomination of Board Members
    1. The Board shall establish a nominations committee that consists of the chair of the Board and three other directors, including at least one director appointed by the Minister under subsection 8 (1) of the SCSAA.
    2. Eligibility criteria for nomination to the Board shall not include a requirement that a nominee must be a member of an industry association representing the interests of registrants. For greater certainty, this does not preclude nominees from being a member of these industry associations.
  3. This Order comes into effect on the day it is made.

Original signed by

The Honourable Todd McCarthy

Minister of Public and Business Service Delivery

Date issued

January 2, 2024