14

 


 

Second Session, 50th General Assembly

1 Charles III, 2022

BILL 14

AN ACT TO AMEND THE REAL ESTATE TRADING ACT, 2019

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE SARAH STOODLEY

Minister of Digital Government and Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Real Estate Trading Act, 2019 to

ˇ         clarify the term of a licence;

ˇ         remove the requirement for a licensee to provide a bond to the Crown;

ˇ         allow an applicant for a licence to submit a certified criminal records check from organizations approved by the minister;

ˇ         require an inspector to prepare a report when directed by the superintendent; and

ˇ         incorporate gender-neutral language.


A BILL

AN ACT TO AMEND THE REAL ESTATE TRADING ACT, 2019

Analysis


        1.   S.3 Amdt.
Non-application of Act

        2.   S.4 Amdt.
Superintendent and deputy superintendent

        3.   S.5 Amdt.
Powers and duties of superintendent

        4.   S.6 Amdt.
Types of licences

        5.   S.7 Amdt.
Application for licence

        6.   S.8 Amdt.
Designated representative

        7.   S.9 Amdt.
Personal real estate corporation licence

        8.   S.10 Amdt.
Personal real estate corporation

        9.   S.16 Amdt.
Licence required

      10.   S.19 Amdt.
Disclosure re: purchase of real estate for own purpose

      11.   S.20 Amdt.
Referral

      12.   S.23 Amdt.
Trade of business

      13.   S.24 Amdt.
Bond

      14.   S.27 Amdt.
Unclaimed trust money

      15.   S.31 Amdt.
Promises to resell prohibited

      16.   S.34 Amdt.
Carrying on business as an individual

      17.   S.35 Amdt.
Administrative penalty

      18.   S.37 Amdt.
Inspectors

      19.   S.40 Amdt.
Contravention of Act suspected

      20.   S.41.1 Added
Report by inspector

      21.   S.42 Amdt.
Protection from liability

      22.   S.47 Amdt.
Regulations


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2019 cR-2.1

        1. (1) Paragraph 3(g) of the Real Estate Trading Act, 2019 is amended by deleting the words "his or her" and substituting the words "the member's".

             (2)  Paragraph 3(h) of the Act is amended by

             (a)  deleting the words "him or her" and substituting the words "the person"; and

             (b)  deleting the words "he or she" and substituting the words "the person".

             (3)  Paragraph 3(i) of the Act is amended by

             (a)  deleting the words "him or her" and substituting the words "the person"; and

             (b)  deleting the words "he or she" and substituting the words "the person".

 

        2. Paragraph 4(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the superintendent's".

 

        3. Subsection 5(2) of the Act is amended by deleting the words "his or her" and substituting the words "the superintendent's".

 

        4. (1) Paragraph 6(1)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the holder's ".

             (2)  Subsection 6(5) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the word "the".

             (3)  Section 6 of the Act is amended by adding immediately after subsection (7) the following:

             (8)  A licence remains in effect until it is suspended or cancelled under this Act.

 

        5. (1) Paragraph 7(1)(c) of the Act is repealed and the following substituted:

             (c)  a certified criminal records check satisfactory to the superintendent from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister;

             (2)  Paragraph 7(1)(d) of the Act is repealed.

             (3)  Subsection 7(2) of the Act is repealed and the following substituted:

             (2)  Where the applicant is

             (a)  a partnership, the applicant shall provide a certified criminal records check satisfactory to the superintendent from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister for each partner in the partnership; or

             (b)  a corporation, the applicant shall provide a certified criminal records check satisfactory to the superintendent from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister for the designated representative.

 

        6. Subsection 8(6) of the Act is amended by deleting the words "his or her".

 

        7. Paragraph 9(1)(g) of the Act is repealed.

 

        8. Paragraph 10(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

        9. Section 16 of the Act is amended by

             (a)  deleting the words "hold himself or herself out as" wherever they appear and substituting the words "represent to be"; and

             (b)  deleting the words "he or she" wherever they appear and substituting the words "the person".

 

      10. Subsection 19(1) of the Act is amended by

             (a)  deleting the words "himself, herself" wherever they appear and substituting the words "the broker or salesperson";

             (b)  deleting the words "he or she" wherever they appear and substituting the words "the broker or salesperson"; and 

             (c)  deleting the words "his or her" wherever they appear and substituting the words "the broker's or salesperson's".

 

      11. Subsection 20(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the licensee".

 

      12. (1) Clause 23(3)(a)(iv)(A) of the Act is amended by deleting the words "he or she" and substituting the words "the person selling the business".

             (2)  Subparagraph 23(3)(b)(i) of the Act is amended by deleting the words "he or she" and substituting the words "the person acquiring the business".

 

      13. (1) Subsections 24(1) and (2) of the Act are repealed and the following substituted:

Bond

      24. (1) A bond given under the former Act continues in force for a period of 2 years after the licence to which it relates ends or is cancelled.

             (2)  A bond given under the former Act shall be forfeited and the amount of the bond shall be recoverable from the person bound by it as a debt due the Crown, where

             (a)  a conviction of an offence under this Act or of an offence involving fraud, theft, or conspiracy to commit an offence involving fraud or theft under the Criminal Code has been made by a court;

             (b)  a civil judgment arising out of a trade in real estate has been made; or

             (c)  a winding-up or receiving order has been made under the Bankruptcy Act (Canada) or the Winding Up Act (Canada),

against the person in respect of whose conduct the bond was conditioned and that conviction, judgment or order has become final.

             (2)  Paragraph 24(4)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

      14. Subsection 27(3) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the person"; and

             (b)  deleting the words "him or her" and substituting the words "the person".

 

      15. (1) Subsection 31(1) of the Act is amended by

             (a)  deleting the words "he, she" and substituting the words "the broker or salesperson"; and

             (b)  deleting the words "him or her" and substituting the words "the broker or salesperson".

             (2)  Subsection 31(2) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the broker or salesperson"; and

             (b)  deleting the words "him or her" and substituting the words "the broker or salesperson".

 

      16. (1) Paragraph 34(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the individual's".

             (2)  Paragraph 34(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the broker's".

             (3)  Subsection 34(2) of the Act is amended by deleting the words "his or her" and substituting the word "the".

 

      17. Subsection 35(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

 

      18. Subsection 37(3) of the Act is amended by deleting the words "he or she" and substituting the words "the inspector".

 

      19. Subsection 40(3) of the Act is amended by deleting the words "his or her" and substituting the words "the inspector's".

 

      20. The Act is amended by adding immediately after section 41 the following:

Report by inspector

   41.1 When directed by the superintendent, an inspector shall prepare a report and provide a copy to the superintendent.

 

      21. Section 42 of the Act is amended by deleting the words "him or her" and substituting the words "the superintendent, deputy superintendent, inspector or person".

 

      22. Paragraph 47(e) of the Act is repealed.