51 (1) The Lieutenant Governor in Council may make regulations, 1.  exempting any person or class of persons or class of trades from any provision of this Act or the regulations and attaching conditions to an exemption; 2.  respecting applications for registration or renewal of registration and prescribing conditions of registration; 2.1  prescribing requirements for the purposes of subsections 9.1 (1) and 10 (1); 3.  governing education that must be obtained by applicants for registration, applicants for renewal of registration and registrants, including, i.  requiring applicants for registration, applicants for renewal of registration and registrants to obtain education, A.  specified by the administrative authority, the Minister, the director or the registrar, and B.  provided by such organizations as may be designated by the administrative authority, the Minister, the director or the registrar, and ii.  requiring that a description of the education required to be obtained, as described in subparagraph i, be made available to the public; 4.  governing registrants holding themselves out as specialists in trading for the purposes of section 8, which may include governing different types of registrants differently and which may include, i.  establishing areas of specialization, ii.  establishing a process for certification in respect of each area of specialization, iii.  requiring registrants to obtain education and satisfy other criteria, in order to, A.  be certified as a specialist in each area of specialization, B.  renew a certification in each area of specialization, and C.  maintain a certification in each area of specialization, iv.  prescribing a maximum number of areas of specialization in respect of which a registrant may be certified as a specialist, v.  authorizing the administrative authority or the registrar to do anything that the Lieutenant Governor in Council may do by regulation under subparagraphs i to iv, and vi.  restricting or prohibiting the certification of brokerages that are corporations as specialists; 5.  prohibiting registrants from engaging in activities specified in the regulations, in addition to activities prohibited by this Act; 6.  respecting financial security requirements for brokerages, brokers and salespersons, including requiring them to be bonded or insured or have collateral security, and prescribing the forfeiture of bonds, the disposition of proceeds and other terms related to the financial security requirements; 7.  governing the insurance that brokerages, brokers or salespersons must have, including, i.  prescribing the types of insurance they must have, ii.  prescribing the minimum amounts for which they must be insured under each type of insurance, iii.  governing group insurance for brokerages, brokers or salespersons, including, A.  authorizing the administrative authority or, if there is no designated administrative authority, the Minister to arrange for group insurance on behalf of brokerages, brokers or salespersons, B.  authorizing the administrative authority or, if there is no designated administrative authority, the Minister to administer group insurance on behalf of brokerages, brokers or salespersons and to act as named insured, and C.  requiring brokerages, brokers or salespersons to participate in group insurance; 8.  governing the documents, records and trust accounts that must be kept by brokerages and by or on behalf of former brokerages, including the manner and location in which they are kept and the time periods for retaining such information and authorizing the registrar to specify the manner and location in which they must be kept and the time periods during which they must be kept; 9.  prescribing the responsibilities of brokers of record, brokerages, brokers or salespersons; 10.  requiring registrants to provide information to the registrar concerning persons other than the registrants in order to assist in determining whether such persons are or may be interested persons; 11.  prescribing procedures and other matters related to complaints under section 19 and the registrar’s powers under section 20; 12.  respecting inspections and investigations under this Act; 13.  Repealed: 2020, c. 1, s. 32 (5); 14.  requiring registrants to provide, on request and in the prescribed circumstances, proof of registration and prescribing the nature of the proof and the manner in which it is to be provided; 15.  Repealed: 2020, c. 1, s. 32 (6); 16.  varying the manner in which a notice under subsection 25 (7) or a lien under subsection 43 (3) is registered as a result of technological or electronic changes in the filing of documents in the land registry office; 17.  prescribing information that must be provided to the registrar in the form and manner approved by the registrar and requiring that specified information be verified by affidavit; 18.  governing the activities of registrants in carrying on business, including, i.  prescribing matters that must be disclosed, the conditions under which they must be disclosed and when they must be disclosed, including, A.  matters related to any holdings in brokerages other than the brokerage by which they are employed, in the case of salespersons and brokers, or B.  matters related to any holdings in other brokerages, in the case of brokerages, ii.  prescribing matters that must not be disclosed, iii.  setting out the manner in which trust accounts are wound down when a brokerage’s registration ends, iv.  regulating advertising and representations or promises intended to induce a trade in real estate or authorizing the registrar to specify requirements respecting advertising and representations or promises intended to induce such a trade and requiring registrants to comply with such specified requirements; v.  regulating listing agreements, representation agreements and other types of agreements, including, A.  prescribing information required to be included or prohibited from being included in agreements, B.  requiring such forms of agreements as may be specified by the regulations to be approved by the registrar before being used by registrants, C.  providing for a process by which the registrar may approve or require changes to such forms of agreements as may be specified by the regulations and a process by which the registrar may revoke such an approval, vi.  prescribing conditions that must be met before any remuneration may be charged or collected, vii.  respecting statements that are to be provided, which may include, A.  prescribing the content of the statements or authorizing the registrar to specify the content of the statements, B.  prescribing the manner in which the statements are to be provided or authorizing the registrar to specify the manner, C.  prescribing the form in which the statements are to be provided or authorizing the registrar to specify the form, D.  prescribing the circumstances under which statements are not required, and E.  prescribing the consequences of failing to provide a statement, viii.  setting out obligations of a brokerage, broker and salesperson that follow the acceptance of an offer to sell, purchase, exchange, lease or rent real estate; 19.  governing the conduct of registrants when they represent more than one party in a trade; 19.1  specifying circumstances in which registrants are prohibited from representing more than one party in a trade; 19.2  if a registrant is prohibited from representing more than one party in a trade, specifying requirements that the registrant must fulfil in order to provide services to a party in the trade; 19.3  requiring a registered brokerage that represents more than one party in a trade, or that provides services to a party in a trade, to provide the prescribed information to the registrar within the prescribed time; 19.4  with respect to personal real estate corporations, prescribing conditions that must be met before remuneration may be charged or collected; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (1) of the Act is amended by adding the following paragraph: (See: 2020, c. 1, s. 32 (10)) 19.5  prescribing provisions for the purposes of clause 43.2 (1) (a); 20.  requiring that any information required under this Act be in a form approved by the director, the registrar or the Minister, as specified in the regulation; 21.  prescribing matters that must be disclosed by brokers and salespersons to the brokerages by which they are employed and to brokerages that are prospective employers and the conditions under which such disclosures are required; 22.  Repealed: 2020, c. 1, s. 32 (11); 23.  requiring registrants to maintain business premises that comply with the prescribed rules; 23.1  prescribing and governing additional duties and powers of the registrar; 24.  providing for such transitional matters as the Lieutenant Governor in Council considers necessary for the effective implementation of the
Trust in Real Estate Services Act, 2020; 25.  delegating to the Minister the power to make regulations with respect to any matter that may be the subject of a regulation under this section; 26.  prescribing rules relating to addresses for service under the Act; 27.  prescribing any matter or thing that this Act refers to as being prescribed or in accordance with the regulations other than a matter or thing in respect of which the Minister may make regulations under section 50; 28.  governing the application of the Electronic Commerce Act, 2000 or any part of that Act to this Act; 29.  defining, for the purposes of this Act and the regulations, any word or expression that is used in this Act but not defined in this Act; 30.  authorizing the director or the board of the administrative authority to conduct quality assurance programs in relation to the administration of this Act or the regulations and to use information collected under this Act for the purposes of those programs. 30.1  respecting any matter necessary or advisable to carry out the intent or purpose of this Act. 2002, c. 30, Sched. C, s. 51 (1); 2004, c. 19, s. 18 (29-34); 2017, c. 33, Sched. 5, s. 8 (1, 2); 2020, c. 1, s. 32 (1-9, 11-15). Residual authority to act (2) Despite any delegation to the Minister under paragraph 25 of subsection (1) and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the matter that is the subject of the delegation.  2002, c. 30, Sched. C, s. 51 (2). Revocation, transition (3) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under paragraph 25 of subsection (1), but the revocation of a delegation does not result in the revocation of any regulation that was made, before the revocation of the delegation, (a)  by the Minister under the delegated power; or (b)  by the board of the administrative authority pursuant to a delegation by the Minister under subsection 50 (2), and the Minister’s or board’s regulation remains valid.  2004, c. 19, s. 18 (35). Making regulation not revocation (4) The making of a regulation to which subsection (2) applies by the Lieutenant Governor in Council shall not constitute the revocation of a delegation under this section unless the regulation so specifies.  2002, c. 30, Sched. C, s. 51 (4). (5) Repealed: 2017, c. 33, Sched. 5, s. 8 (3). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 18 (29-35)
- 07/11/2005 2012, c. 8, Sched. 11, s. 51 (5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020 2017, c. 33, Sched. 5, s. 8 (1-3) - 14/12/2017 2020, c. 1, s. 32 (1, 2, 5-8, 11, 14, 15) - 01/12/2023; 2020, c. 1, s. 32 (3, 4)
- 04/04/2022; 2020, c. 1, s. 32 (9)
- 01/10/2020; 2020, c. 1, s. 32 (10)
- not in force; 2020, c. 1, s. 32 (12, 13) - 04/04/2022 52 Omitted (provides for coming into force of provisions of this Act).  2002, c. 30, Sched. C, s. 52. 53 Omitted (enacts short title of this Act).  2002, c. 30, Sched. C, s. 53. ______________  Français