Composition of the Commission
The Saskatchewan Real Estate Commission is comprised of 11 members, including four public members appointed by the Lieutenant Governor in Council. Six members are chosen through an election process from real estate registrants in the province of Saskatchewan. One member is appointed by the Commission members and this individual must be a registrant trading in industrial, commercial or investment real estate or property management.
Pursuant to Bylaw 216.2, the six elected Commission members are two from each of the three regions: Region 1 – Saskatoon, Region 2 – Regina and Region 3 – all areas of the province outside of Saskatoon and Regina. Elected Commission members are elected to serve a three-year term commencing July 1st following that election.
Where a vacancy will occur within a Region at the end of June, a nomination form is sent to all registrants in early January seeking nominations for the vacant position(s). Candidates nominated for election in a Region must be a registrant with a brokerage in that Region. Any registrants, regardless of Region location, may nominate other registrants as candidates for the Region with an upcoming vacancy.
The following Bylaws were established to outlined the election process for Commission members pursuant to Section 6(1)(b) and 6(1)(c) of The Real Estate Act:
213.1 – A Commission member elected or appointed pursuant to clauses 6(1)(b) or 6(1)(c) of the Act must be an individual who is a registrant.
214.1 – The Election Day for the elected Commission members shall be on or before April 8th of each year.
216.1 – The term of the Commission members elected or appointed pursuant to clauses 6(1)(b) or 6(1)(c) of the Act shall be a period of three years.
216.2 – The registrants shall, on a regional basis, elect two (2) Commission members from each of the three (3) regions: Region 1 – Saskatoon; Region 2 – Regina; and Region 3 - all areas of the province outside of Saskatoon and Regina, and any reference in these bylaws to a "region" shall mean one of the aforementioned regions. For the purposes of these bylaws and the physical boundaries of a region, the registrants in any brokerage office located within the corporate city limits of the cities of Saskatoon and Regina, are deemed to be in each of those respective regions. All registrants in brokerage offices located outside the corporate limits of Saskatoon and Regina are in Region 3.
216.3 – A candidate for election as a Commission member can only be a candidate in the region where an address for service is maintained, which shall be the same as the candidate's brokerage office, as registered pursuant to the Act.
216.4 – Registrants shall only be entitled to vote for a candidate in the region where the registrant maintains an address for service, which shall be the same as the registrant’s brokerage office, as registered pursuant to the Act.
217.1 – On or before January 15th of each year, the Commission shall mail to all registrants at their brokerage office address, as registered pursuant to the Act, a nomination form and a notice requesting the nomination of registrants as an elected member of the Commission.
217.2 – The nomination of a registrant shall be in writing on the form approved by the Commission signed by two (2) registrants, neither of who is the nominee, and must be delivered to the office of the Commission prior to February 16th of each year. The Commission shall not be responsible for lost or delayed nomination forms. Where the deadline for delivering a duly completed and signed nomination form to the Commission occurs on a weekend or holiday, the deadline shall be extended to not later than 4:00 p.m. Central Standard Time on the next day the Commission's office is open for business.
218.2 – In the event that there is a shortage of candidates for a region in any election, the Commission may appoint a registrant whose address for service is in that region, to sit as a Commission member for that region.
219.1 – In the event that the number of candidates nominated for a region equals the number of vacancies from that region, the Registrar shall declare those candidates to have been elected.
219.2 – After the last day for the receipt of the signed nomination forms and prior to April 1st of each year, the Registrar shall cause to be sent to each registrant at his/her brokerage’s address as shown in the records of the Commission:
- a ballot paper listing, in alphabetical order, the names of all candidates in the region in which he/she is entitled to vote and stating the number of members to be elected in that region;
- biographical profiles of the candidates;
- instructions respecting the marking of the ballot paper and of its return to the Commission;
- a ballot envelope; and
- a mailing envelope.
219.3 – The Commission can extend any time period if there has been a disruption in mail services or some other unforeseen event requiring an extension. The inadvertent omission to deliver a notice of the nomination of candidates, a nomination form or any other election documents to any member shall not invalidate an election or election results. The Commission shall not be responsible for any ballots that have been lost, misdirected, delayed, mislaid, or have not been received.
219.4 – No proxy voting for the election of Commission members shall be permitted.
219.5 – Every registrant shall vote by marking his/her ballot paper. The ballot is then placed into the ballot envelope and the envelope is sealed. The registrant must complete the reverse side of the envelope by printing and signing his/her name in the appropriate spaces. The ballot envelope is placed into the mailing envelope and that envelope is sealed. The mailing envelope must be delivered or mailed to the Registrar, no later than the Election Day.
219.6 – The ballots will be counted no sooner than ten days (10) from the Election Day. The Registrar and at least two scrutineers, appointed by the Registrar, shall cause the ballots to be opened and the scrutineers shall record each registrant who votes to ensure that each registrant only votes once. The ballot envelope containing the marked ballot is deposited into a ballot box to be counted. Any candidate or any person authorized in writing by such candidate is entitled to be present at the opening of the ballots and the scrutinizing and the counting of the ballots. Only original ballots will be counted and, if the Registrar receives a ballot delivered or mailed after the Election Day, the ballot shall not be counted.
219.7 – On the completion of the count, the scrutineers and the Registrar shall sign a record detailing the number of ballots received, the number of ballots counted for each candidate and the number of spoiled ballots. The Registrar shall then declare those candidates who have achieved the highest number of votes elected for that region. The Registrar shall notify all successful candidates of their election and their terms of office. The Registrar shall cause publication of such notice. In addition, the Registrar shall notify all unsuccessful candidates of the election results.
219.8 – In the event that the election of one or more candidates for a region has not been determined by a candidate having the highest number of votes, including after a recount, the Registrar shall pull from a box holding the names of each candidate, one or more of such names, sufficient to make up the required number of Commission members for that region. The Registrar shall declare the candidate or candidates whose name is drawn to be elected.
219.9 – The Registrar shall keep the ballots and other documents in respect of an election for four (4) weeks after the election. Upon the expiration of the four (4) week period, the Registrar shall destroy the ballots and other documents but shall retain the record of the count signed by him and other scrutineers as part of the records of the Commission. Those persons declared to be elected by the Registrar shall take office on July 1st following the election.
219.10 – If any candidate wishes a recount of the ballots it must be requested, from the Registrar, within (7) days of publication of the election results. Upon receipt of the request and a three hundred dollar ($300.00) fee, the Registrar shall:
- appoint a time and place for the recount within seven (7) days of the receipt of the request;
- notify all candidates within that region of the recount and its date and that they, or any person authorized by them in writing, are entitled to be present for the recount and to examine the ballots and other documents; and
- appoint two or more individuals to participate with the Registrar in the recounting of the ballots. After the recount, the Registrar shall declare the candidate who received the most votes to be the elected Commission member for that region.
219.11 – If the result of the recount is that the requesting candidate is declared elected, then that candidate is entitled to repayment, without interest, of the three hundred dollar ($300.00) fee. The Registrar shall notify the elected candidate of the results of the election and term of office. The Registrar shall cause publication of such notice.
231.1 – Pursuant to clause 6(3)(b) of the Act, the Board of Directors of the Association of Saskatchewan REALTORS® shall appoint, by a majority vote of the Directors, an individual who is a registrant to serve a vacancy of a Commission member elected pursuant to clause 6(1)(b) of the Act. This individual shall meet all qualifications established in the Act, regulations and bylaws to represent the region in which the vacancy has occurred.
232 – Pursuant to subsection 9(1) of the Act a Selection Committee will be established consisting of no fewer than three Commission members to:
232.1 – The Commission may:
- evaluate applicants for suitability as an appointed Commission member in accordance with clauses 6(1) (c) and 6(3) (c) of the Act; and
- recommend an applicant for appointment to the Commission.
- appoint the applicant to the Commission; or
- reject the Selection Committee’s recommendation.
NOTICE OF VACANCY
233 – The Registrar shall notify all registrants of a vacancy on the Commission pursuant to clauses 6(1) (c) and 6(3) (c) of the Act and allow at least thirty (30) days for the submission of applications.
234 – Every applicant for this vacancy shall file with the Commission a completed appointee application in the form prescribed by the Commission.
235 – Within 90 days of receiving applications and determining a suitable applicant the Selection Committee shall forward the recommendation to the Commission.
TERM of APPOINTMENT
236 – A member of the Commission appointed pursuant to clause 6(1) (c) of the Act:
- holds office for a period not exceeding three years from the date of the member’s appointment and until a successor is appointed; and
- is eligible for reappointment but is not eligible to hold office for more than two consecutive terms