Consumer Information

> Complaints & Investigations

The Saskatchewan Real Estate Commission is responsible for the regulation of the real estate industry and to ensure protection of the public interest. The responsibilities include conducting investigations into allegations of violations by individuals registered pursuant to The Real Estate Act from consumers, other registrants or the Commission on its own motion. In addition, the Commission will conduct formal or mitigation hearings to determine if a registrant is guilty of professional misconduct or professional incompetence and/or to make orders pursuant to the disciplinary powers of the Commission.

Upon receipt of a written complaint by the Commission, the matter is referred to a Review Officer to review the circumstances of the complaint and the conduct of the registrant. The Review Officer provides the registrant with a copy of the complaint or a written summary of the allegations in the complaint. The Review Officer requests verification of any information or material related to the action.

Upon completion of the preliminary evaluation, the Review Officer reports to the Investigation Committee with a recommendation that further action be taken or that no further action be taken. The complainant, registrant and Investigation Committee are notified in writing by the Review Officer of his/her recommendation together with the reasons for the recommendations. Where the recommendation is that no further action be taken, the complainant is advised of his/her right to apply to the Investigation Committee for a review of the recommendation of the Review Officer.

If the complainant is not satisfied with the Review Officer's decision that no further action is required, the complainant may request, in writing, that the Investigation Committee re-consider the decision of the Review Officer. The written request to review the decision of the Review Officer must include the complainant's reasons for requesting the review. The Investigation Committee can determine that the complainant's reasons for requesting a further investigation are not valid reasons or that after a review of the file determine that no further action be taken or if the complainant's reasons warrant further investigation that further investigation into the matter be undertaken.

If the Review Officer determines that the allegations are supported, he/she prepares a draft of a Statement of Facts and Admissions relating to the actions of the registrant under investigation for consideration by the Investigation Committee. The Statement of Facts and Admissions from the Investigation Committee is provided to the registrant under investigation and the registrant is given the opportunity to waive his/her right to a formal hearing by signing the Statement of Facts and Admissions and admitting to the violation. The Investigation Committee, through the Review Officer, may alter the document if the registrant requests changes for clarification purposes.

A mitigation hearing is held before the Commission to determine the disciplinary action to be taken against the registrant. The Statement of Facts and Admissions is provided to the Commission and the Commission may accept the statement. If the statement is accepted, the Commission may make an order to assess disciplinary action against the registrant. The registrant or his/her representative is given the opportunity to appear before the Commission to speak to the disciplinary action to be taken by the Commission. After the mitigation hearing is adjourned the Commission determines the sanction and informs the registrant, in writing, within thirty days of the decision.

If the registrant chooses not to waive his/her right to a formal hearing, the Investigation Committee recommends to the Commission to hear and determine the formal complaint. A hearing is scheduled to hear evidence from the investigation committee and the registrant with respect to the allegations of a violation. The Commission hears the complaint and determines whether the registrant is guilty of professional misconduct or professional incompetence. If a determination is made that the registrant is guilty of professional misconduct or professional incompetence, the Commission may take disciplinary action against the registrant by making one or more of the following orders:

an order that the registration be cancelled;

an order that the registration be suspended for a specified period;

an order that the registration be suspended pending the satisfaction and completion of any conditions specified in the order;

an order that the registrant may continue to be registered only under conditions specified in the order, which may include, but are not restricted to, an order that the registrant:

(i)	successfully complete specified classes or courses of instruction;
(ii)	obtain treatment, counselling or both;

an order requiring the registrant to pay restitution to any person as compensation for a loss suffered by that person as a result of the registrant's professional incompetence or professional misconduct;

an order reprimanding the registrant;

any other order that the Commission considers just.

In addition, to any order made pursuant to items (a) through (g) above, the Commission may also order;

that the registrant pay to the Commission within a fixed period:

(i)	a fine in a specified amount not exceeding $5,000 for each finding and $15,000 in the aggregate for all findings; and
(ii)	the costs of the investigation and hearing into the registrant's conduct and related costs, including the expenses of the investigation committee and the Commission and the costs of legal services and witnesses; and

where a registrant fails to make payment in accordance with an order pursuant to clause (a), that the registration be suspended.

When the registrant whose conduct was subject of a mitigation or a formal hearing receives notification of the Commission's decision following a hearing, the registrant has the right to appeal the disciplinary action assessed against the registrant to the Superintendent of Real Estate within thirty days of the decision or order. An appeal is commenced by serving the Registrar of the Commission with a copy of a written application for a hearing and filing the application with the Superintendent of Real Estate.

The commencement of an appeal does not stay the decision or order appealed from, but on five day's notice to the Registrar, the appellant may apply to the Superintendent for a stay of the decision or order pending the disposition of the appeal.

The Superintendent of Real Estate may dismiss the appeal, quash a finding of guilt, direct a new hearing or further inquiries, vary the order of the Commission, substitute his/her own decision for the decision of the Commission, order the Commission to grant or re-instatement a registration, vary terms imposed by the Commission on an appellant's registration, order the Commission to issue a certificate of acceptance and make an order as to costs that he/she considers appropriate.

Within thirty days of the decision or order from the Superintendent, the person who is subject of a decision may appeal the decision or order to the court by serving the Superintendent and the Registrar with a notice of appeal and filing the appeal with the court. The commencement of an appeal does not stay the effect of the decision or order of the Superintendent but on five days' notice to the Registrar may apply to the court for a stay.

The decision or order of the judge of the court may be appealed to the Court of Appeal on a question of law within thirty days of the decision or order.