5 (1) Subject to such conditions as may be prescribed, despite section 4, registration shall not be required in respect of any trade in real estate by, (a)  an assignee, custodian, liquidator, receiver, trustee or other person acting under the Bankruptcy and Insolvency Act (Canada), the Corporations Act, the Business Corporations Act, the Courts of Justice Act, the Not-for-Profit Corporations Act, 2010, the Winding-up and Restructuring Act
(Canada), or a person acting under the order of any court, or an executor or trustee selling under the terms of a will, marriage settlement or deed of trust; (b)  an auctioneer if the trade is made in the course of and as part of the auctioneer’s duties as auctioneer; (c)  a person who is registered under the Securities Act if the trade is made in the course of and as part of the person’s business in connection with a trade in securities; (d)  a financial institution described in subsection (1.1), if the trade is in real estate owned or administered by the financial institution; (e)  a person in respect of any mine or mining property within the meaning of the Mining Act or in respect of the real estate included in a Crown grant or lease, a mining claim or mineral lands under the Mining Act or any predecessor of that Act; (f)  a full-time salaried employee of a party to a trade if the employee is acting for or on behalf of his or her employer in respect of land situate in Ontario; (g)  a solicitor of the Superior Court of Justice who is providing legal services if the trade in real estate is itself a legal service or is incidental to and directly arising out of the legal services; (h)  a person, on the person’s own account, in respect of the person’s interest in real estate unless, (i)  the trade results from an offer of the person to act or a request that the person act in connection with the trade or any other trade, for or on behalf of the other party or one of the other parties to the trade, or (ii)  the interest of the person in the real estate was acquired after the offer or request referred to in subclause (i) whether or not the trade is the result of the offer or request; (i)  a person in respect of the provision for another, for remuneration other than by commission, of all consultations, undertakings and services necessary to arrange for the routing of a right of way including the acquisition of land or interests in land for the purpose, and the person’s employees engaged in the project; (j)  a person who trades in real estate solely for the purpose of arranging leases to which the Residential Tenancies Act, 2006 applies; or (k)  such persons or classes of persons that are prescribed as exempt from registration. 2002, c. 30, Sched. C, s. 5 (1); 2006, c. 17, s. 255; 2007, c. 7, Sched. 7, s. 190 (1); 2017, c. 20, Sched. 8, s. 124; 2020, c. 1, s. 4 (1, 2). Financial institutions (1.1) A financial institution referred to in clause (1) (d) is, (a)  a bank or authorized foreign bank as defined in section 2 of the Bank Act (Canada); (b)  a loan or trust corporation; (c)  a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020; or (d)  an insurer licensed under the Insurance Act.  2007, c. 7, Sched. 7, s. 190 (2); 2020, c. 1, s. 4 (3); 2020, c. 36, Sched. 7, s. 334 (1). Independent contractor not an employee (2) An independent contractor is not an employee for the purpose of clauses (1) (f) and (i).  2002, c. 30, Sched. C, s. 5 (2). Personal real estate corporation (3) Subject to such conditions as may be prescribed, despite section 4, registration shall not be required in respect of a personal real estate corporation and prescribed members of such a corporation. 2020, c. 1, s. 4 (4). Section Amendments with date in force (d/m/y) 2006, c. 17, s. 255
- 31/01/2007 2007, c. 7, Sched. 7, s. 190 (1, 2) - 01/10/2009 2017, c. 20, Sched. 8, s. 124 - 19/10/2021 2020, c. 1, s. 4 (1, 2)
- 01/12/2023; 2020, c. 1, s. 4 (3, 4)
- 01/10/2020; 2020, c. 36, Sched. 7, s. 334 (1) - 01/03/2022