55 (1) The Authority may make rules in respect of the following matters: 1. Governing the issuance, amendment, renewal, suspension, revocation and surrender of licences. 2. Governing the public register or registers of licensees and former licensees. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 55 (1) of the Act is amended by striking out “of licensees and former licensees” at the end. (See: 2020, c. 36, Sched. 29, s. 8 (1)) 3. Governing the provision of information and documents to the Chief Executive Officer by licensees. 4. Governing proposals that are referred to in sections 21, 35 and 39 with respect to licenses. 5. Prescribing and governing how information and documents are to be given to the Chief Executive Officer under this Act, including prescribing rules governing deemed receipt of such documents. 6. Providing for transitional matters relating to the requirements to be satisfied for issuance of licences. 7. Prescribing powers, duties and requirements for the purposes of subsection 7 (6). 8. Prescribing, for the purposes of subsection 7 (7), the criteria that an individual must satisfy to be eligible to be a designated principal broker. 9. Prescribing, for the purposes of subsection 14 (1), the requirements that an applicant must satisfy to be issued a licence and the circumstances that regard must be had to in determining whether an applicant is suitable to be licenced. 10. Prescribing the period within which an application must be made under subsection 16 (3). 11. Prescribing, for the purposes of subsection 16 (4), the requirements that an applicant must satisfy for a licence renewal and the circumstances that regard must be had to in determining whether an applicant is suitable to be licenced. 12. Prescribing, for the purposes of clause 18 (1) (d), circumstances in which a licence may be suspended. 13. Prescribing, for the purposes of subsection 18 (5), the period within which a person or entity must be given the notice required by subsection 21 (2). 14. Prescribing, for the purposes of subsection 20 (3), the criteria that regard must be had to in determining whether the surrender of a licence is not in the public interest. 15. Prescribing, for the purposes of clause 22 (1) (c), circumstances in which a licence may be revoked, refused to be issued or refused to be renewed. 16. Prescribing, for the purposes of subsection 28 (1), the information about licensees and former licensees to be contained in a public register of licensees. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 16 of subsection 55 (1) of the Act is amended by striking out “the information about licensees and former licensees to be contained in a public register of licensees” at the end and substituting “the information to be contained in a public register”. (See: 2020, c. 36, Sched. 29, s. 8 (2)) 17. Governing how the information in a public register of licensees shall be made available for inspection under subsection 28 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 17 of subsection 55 (1) of the Act is amended by striking out “of licensees”. (See: 2020, c. 36, Sched. 29, s. 8 (3)) 18. Prescribing, for the purposes of subsection 29 (1), the information and documents that licensees must give, the manner in which the documents are to be provided and the period within which they are to be provided. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 18 of subsection 55 (1) of the Act is amended by adding “or registered persons or entities” after “licensees”. (See: 2020, c. 36, Sched. 29, s. 8 (4)) 19. Prescribing, for the purposes of subsection 35 (9), the period within which notice must be given of a proposal to make a permanent order. 2017, c. 34, Sched. 27, s. 4; 2018, c. 8, Sched. 17, s. 2. Regulations (2) The Lieutenant Governor in Council may make regulations, (a) subject to section 56, prescribing anything that is required or permitted to be prescribed or that is required or permitted to be done in accordance with the regulations or as provided in the regulations; (b) respecting any matter in respect of which the Authority may make rules, with necessary modifications; (c) prescribing activities that are included in or excluded from each of the regulated activities set out in subsections 2 (1), 3 (1), 4 (1) and 5 (1); (d) establishing classes of licences and governing the requirements, including standards of practice, applicable to each class of licence; (e) governing the administrative penalties that may be imposed under section 39 or 40; (f) prescribing and governing how information and documents are to be given or served under this Act, including prescribing rules governing deemed receipt of documents. 2017, c. 34, Sched. 27, s. 4. Subdelegation to Chief Executive Officer (3) A regulation made under subsection (2) may authorize the Chief Executive Officer to establish all or some of the education and experience requirements respecting the issuance or renewal of mortgage brokers’ or agents’ licences or to establish all or some of the education and experience criteria respecting the designation of a principal broker. 2017, c. 34, Sched. 27, s. 4. Classes of persons and entities (4) A regulation may create different classes of persons and entities and may establish different entitlements for, or relating to, each class or impose different requirements, conditions or restrictions on, or relating to, each class. 2017, c. 34, Sched. 27, s. 4. Exemptions, etc. (5) A regulation may exempt a person or entity or class of persons or entities from a specified requirement imposed by this Act or a regulation or Authority rule in such circumstances as may be prescribed or provide that a specified provision of this Act or a regulation or Authority rule does not apply to the person, entity or class in such circumstances as may be prescribed. 2017, c. 34, Sched. 27, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 55 (5) of the Act is amended by striking out “in such circumstances as may be prescribed” wherever it appears and substituting in each case “in such circumstances as may be prescribed and subject to such conditions as may be prescribed”. (See: 2020, c. 36, Sched. 29, s. 8 (5)) Administrative penalties (6) Without limiting the generality of clause (2) (e), a regulation governing administrative penalties may, (a) prescribe requirements established under this Act for which an administrative penalty may not be imposed; (b) prescribe criteria that is required or permitted to be considered when imposing a penalty under section 39 or 40; (c) authorize the Chief Executive Officer to determine the amount of a penalty, if the amount of the penalty is not prescribed, and prescribe criteria that is required or permitted to be considered when determining the amount of the penalty; (d) establish different penalties or ranges of penalties for different types of contraventions or failures to comply and of different classes of licensees and different classes of persons and entities; (e) authorize a penalty to be imposed for each day or part of a day on which a contravention or failure to comply continues; (f) authorize higher penalties for a second or subsequent contravention or failure to comply by a person or entity; (g) require that the penalty be paid before a specified deadline or before a deadline specified by the Chief Executive Officer; (h) authorize the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees; (i) establish a maximum cumulative penalty payable in respect of a contravention or failure to comply or in respect of contraventions or failures to comply during a specified period. 2017, c. 34, Sched. 27, s. 4; 2018, c. 8, Sched. 17, s. 2. Legislation Act, 2006 (7) Part III (Regulations) of the Legislation Act, 2006 does not apply to the Authority rules. 2017, c. 34, Sched. 27, s. 4. Same (8) A regulation made under subsection (2) is subject to Part III (Regulations) of the Legislation Act, 2006. 2017, c. 34, Sched. 27, s. 4. Regulation prevails (9) If there is a conflict or an inconsistency between a regulation made by the Lieutenant Governor in Council under this Act and an Authority rule, the regulation prevails but in all other respects an Authority rule has the same force and effect as a regulation. 2017, c. 34, Sched. 27, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 27, s. 4 - 08/06/2019 2018, c. 8, Sched. 17, s. 2 - 08/06/2019; CTS 04 SE 18 - 2 2020, c. 36, Sched. 29, s. 8 (1-5) - not in force 55.1 Repealed: 2020, c. 36, Sched. 14, s. 10 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 27, s. 5 - 08/06/2019 CTS 04 SE 18 - 2 2020, c. 36, Sched. 14, s. 10 (2) - 08/12/2020