21 (1) The discipline committee established under this Act is continued for the purposes of hearing and determining, in accordance with the prescribed procedures, whether a registrant has contravened any provision of this Act or the regulations. 2020, c. 1, s. 12. Appointment of members (2) The board of the administrative authority or, if there is no designated administrative authority, the Minister, shall appoint the members of the discipline committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of the committee are met. 2020, c. 1, s. 12. Result of determination (3) If the discipline committee makes a determination under subsection (1) that a registrant has contravened a provision of this Act or the regulations, it may, by order, do any of the following, as the committee considers appropriate: 1.  Require the broker or salesperson to obtain additional education. 2.  In accordance with such terms as may be specified by the committee, require the brokerage to fund, or to both arrange for and fund, the obtaining of additional education by brokers and salespersons employed by the brokerage. 3.  Despite subsection 12 (1) of the Safety and Consumer Statutes Administration Act, 1996, impose such fine as the committee considers appropriate, subject to subsection (4), to be paid by the registrant to the administrative authority or to the Minister of Finance if there is no designated administrative authority. 4.  Suspend or postpone the obligation to satisfy a requirement mentioned in paragraph 1, 2 or 3 for such period and upon such terms as the committee designates. 5.  Apply conditions to a registration. 6.  Suspend a registration, i.  for a definite period, ii.  until conditions specified by the committee are met to the satisfaction of the registrar, or iii.  for a definite period and, after that, until conditions specified by the committee are met to the satisfaction of the registrar. 7.  Revoke a registration if, in the committee’s opinion, the registrant is not entitled to registration under section 10. 8.  Despite section 17.1 of the Statutory Powers Procedure Act, fix and impose costs to be paid by the registrant to the administrative authority or to the Minister of Finance if there is no designated administrative authority. 2020, c. 1, s. 12. Maximum fine (4) The maximum amount of the fine mentioned in paragraph 3 of subsection (3) is, (a)  $50,000, or such lesser amount as may be prescribed, if the registrant is a broker or a salesperson; or (b)  $100,000, or such lesser amount as may be prescribed, if the registrant is a brokerage. 2020, c. 1, s. 12. Costs (5) For the purposes of paragraph 8 of subsection (3), the committee shall fix and impose costs in such manner as the committee considers appropriate, subject to any prescribed requirements. 2020, c. 1, s. 12. Appeal (6) A party to the discipline proceeding may appeal the final order of the discipline committee to the Tribunal. 2020, c. 1, s. 12. Immediate effect (7) Subject to subsection (8), an order under paragraph 5, 6 or 7 of subsection (3) takes effect immediately even if the order has been appealed under subsection (6). 2020, c. 1, s. 12. Exception (8) An order mentioned in subsection (7) does not take effect immediately if the discipline committee has, (a)  specified a different effective date in the order; or (b)  granted a stay of the order until the disposition of the appeal. 2020, c. 1, s. 12. Time for appeal (9) An appeal under subsection (6) shall be commenced within 30 days after the discipline committee sends notice under section 18 of the Statutory Powers Procedure Act of the order being appealed. 2020, c. 1, s. 12. Parties (10) The parties to an appeal are the appellant, the other persons who were parties to the proceeding before the discipline committee, and any other person added as a party by the Tribunal. 2020, c. 1, s. 12. Power of the Tribunal (11) The Tribunal may by order overturn, affirm or modify the order of the discipline committee and may order anything mentioned in subsection (3). 2020, c. 1, s. 12. Immediate effect (12) Even if a registrant appeals an order of the Tribunal under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal. 2020, c. 1, s. 12. Payment of fine (13) The registrant shall pay any fine imposed under subsection (3), (a)  on or before the day specified in the order of the discipline committee or, if the fine is the subject of an appeal, on or before the day specified in the order of the Tribunal; or (b)  on or before the 60th day after the date of the last order made in respect of the fine, if no day is specified in that order. 2020, c. 1, s. 12. Additional education (14) If a registrant is required by an order to do anything under paragraph 1 or 2 of subsection (3) respecting additional education, the registrant shall satisfy the requirement, (a)  within the time period specified in the order of the discipline committee or, if the requirement respecting additional education is the subject of an appeal, within the time period specified in the order of the Tribunal; or (b)  at the first reasonable opportunity after the last order made respecting additional education, if no time period is specified in that order. 2020, c. 1, s. 12. Public access (15) Decisions of the discipline committee shall be made available to the public in such manner as may be prescribed. 2020, c. 1, s. 12. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 18 (14)
- 31/06/2006 2012, c. 8, Sched. 11, s. 51 (2, 3, 5) - no effect - see 2020, c. 14, Sched. 8, s. 21 - 14/07/2020 2017, c. 33, Sched. 5, s. 6 (1, 3) - 14/12/2017; 2017, c. 33, Sched. 5, s. 6 (2) - not in force 2020, c. 1, s. 12
- 01/12/2023 Part V.1   Inspections and Investigations Inspectors