NOVA SCOTIA REAL ESTATE COMMISSION

Transcription

1 NOVA SCOTIA REAL ESTATE COMMISSION FRPA Review Report Province of Nova Scotia

2 Table of Contents Background of the Regulatory Body... 1 Definition of the Profession... 1 Staffing... 2 Types of Licences/Certificates Issued and 2014 numbers... 2 Access to registration information... 2 Registration Fees... 2 Steps in the Registration Process Data... 4 Legislation... 4 Summary... 4 Two-year Action Plan... 5 Disclaimer... 6 Appendix A FRPA Review Assessment Questionnaire... 7 Appendix B Forms... 25

3 Background of the Regulatory Body Definition of the Profession Trading in real estate includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, commercial lease or rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt. The Organization The Nova Scotia Real Estate Commission (NSREC; the Commission) is the regulator of the real estate industry in the province, whose goal is to ensure consumer confidence through the administration of the Real Estate Trading Act and the Commission Bylaw. The Commission is an independent, non-profit agency that supervises the professional activities of all real estate brokers and salespeople practicing in Nova Scotia Registration Requirements Salesperson licensing course To become licensed, the applicant must complete the Salesperson Licensing Course administered by the Nova Scotia Association of REALTORS, which involves four weeks of classroom training or an online course that must be completed within a six-month time frame. After course completion, applicants must write and pass the Commission s salesperson examination. Commission salesperson examination - To qualify for a licence, applicants must write the Commission s salesperson exam and achieve a mark of 70 per cent or higher within one year of course completion. Applicants can write the exam up to three times to earn a passing grade.* Broker licensing course To become licensed as a broker, managing associate broker, or associate broker, the applicant must complete the one-week online primer and two weeks of classroom training administered by the Nova Scotia Association of REALTORS. After course completion, applicants must write and pass the Commission s broker examination. Broker examination - applicants must write the Commission s broker exam and achieve a mark of 70 per cent or higher within one year of course completion. Students can write the exam up to three times to earn a passing grade.* Nova Scotia Real Estate Commission FRPA Review Report Page 1

4 *Any person enrolling in a licensing course after July 1, 2015, has two examination attempts, not three. Staffing Nine full-time staff members. Types of Licences/Certificates Issued and 2014 numbers Salesperson 1406 Broker 196 Managing Associate Broker 47 Associate Broker - 97 Access to registration information NSREC provides information to all applicants and potential applicants through the website ( in addition to the website NSREC provides applicant information via , hard copies and telephone. Applicants can begin the application process outside Canada: Registration Fees New Applicant Licensing Fees: Salesperson - $ Broker - $ Brokerage - $360 licence fee + $450 audit fee Nova Scotia Real Estate Commission FRPA Review Report Page 2

5 Steps in the Registration Process Applicants must complete the Real Estate Salesperson Licensing Course and pass the salesperson s licensing exam.* After passing the salesperson exam, the applicant can apply for a salesperson licence. To apply for a licence, applicants must: Fill out the Salesperson and Associate Broker Licence Application form and a Schedule A. The broker/manager must sign the form. Provide a copy of exam letter. Provide a copy of birth certificate/citizenship card/permanent residence card and driver s licence. Provide a current (within six months) criminal record check from the RCMP, the Halifax Regional Police or the Commissionaires. Provide a copy of high school transcript indicating the successful completion of Grade 12** Provide payment: cash, cheque, money order, Visa or MasterCard. Any applications that do not have all the requirements listed above will be returned unprocessed. *Interprovincial licence reciprocity industry members from other Canadian jurisdictions with an occupational standard who wish to trade in real estate in Nova Scotia must: provide a licensing history acceptable to the Commission provide a current (no older than six months) criminal record check complete the appropriate license application sign the Out of Province Certification form provide payment: cash, cheque, money order, Visa or MasterCard International licence reciprocity industry members from international jurisdictions with an occupational standard who wish to trade in real estate in Nova Scotia must: provide a licensing history acceptable to the Commission provide proof of an occupational standard acceptable to the Commission provide a current (no older than six months) criminal record check provide proof that they are eligible to work in Canada achieve a mark of 70 per cent or higher on the licensing exam complete the appropriate license application provide payment: cheque, money order, Visa or MasterCard Nova Scotia Real Estate Commission FRPA Review Report Page 3

6 **Effective July 1st, 2015, applicants for licensing who are first-time salespeople or an industry member who is unlicensed for two or more years must provide an official high school transcript indicating a successful completion or proof of GED or an equivalent education approved by the Registrar Data Length of time (from receipt of completed application) registration usually takes is 10 days for domestic and other Canadian applicants, and 30 days for international applicants. Number of internal reviews (2014): 0 Number of applicants who received training or qualifications outside of the province: 11 accepted (1 Saskatchewan, 4 Ontario, 1 Newfoundland, 1 New Brunswick, 1 Quebec, 1 Alberta, and 2 Prince Edward Island), 0 rejected, and 0 still in progress There were no applicants who received training or qualifications outside of Canada Legislation Real Estate Trading Act can be found at Summary The NSREC conducts extensive jurisdictional and legislative review when considering any changes to licensing requirements. Any proposed changes are reviewed against the requirements of all other Canadian jurisdictions to ensure we are not putting up unnecessary barriers not found elsewhere in Canada, but also to ensure we are not setting the bar too low. Through our involvement with the Association of Real Estate Licensing Law Officials (ARELLO), we have access to current licensing requirements and data from all member jurisdictions in the United States as well as a number of international jurisdictions. We also review our requirements against the Agreement on Internal Trade to ensure we are not creating licensing bylaw that is not in keeping with the spirit of the agreement. Lastly, we participate in FRPA meetings and workshops and where needed, modify our processes to ensure they reflect the fairness and transparency principles set down in the FRPA. For example, one of the changes we made very early on in our involvement with FRPA was to change the way licensing reviews are conducted. Prior to our involvement with FRPA, licensing decisions, for example, exemptions to licensing requirements were made by the Licensing Committee. The issue with the committee making the initial decision is that it removed the applicant s ability to have an independent review if the decision was not in the applicant s favour. NSREC rewrote the bylaw to require initial licensing decisions be performed by a staff person, the Registrar, who in his/her written decision, notifies the applicant of their option to request an independent review of the decision by the licensing Committee. Overall, NSREC is in compliance with FRPA. Some of the shortcomings identified are detailed in the action items below. These actions must be completed on or before the next FRPA review in Nova Scotia Real Estate Commission FRPA Review Report Page 4

7 Two-year Action Plan Website will be updated to make information more accessible (e.g. information on translation of documents, steps in the registration process, streamlined process for Canadian applicants) The Administration Manual will be updated to include timeframes and acceptance of alternative information Formalize a process for training the Licensing Committee at the same time as the Complaints and Discipline Committee Nova Scotia Real Estate Commission FRPA Review Report Page 5

8 Disclaimer The Nova Scotia Real Estate Commission hereby declares that the information contained in this report is a true and accurate representation of current registration practices for their organization. April 15, 2015 Peggy Kell, Communications and Technology Officer Date Nova Scotia Real Estate Commission FRPA Review Report Page 6

9 Appendix A FRPA Review Assessment Questionnaire FRPA Review Assessment Questionnaire Nova Scotia Real Estate Commission Question 1 (info q1) How (what methods) do you use to provide information to potential applicants on your registration practices? (e.g. internet, individual counselling, hard copies)? Internet, , Hard Copy, Telephone Explain, specify, clarify, quantify, where appropriate. (info-q1) License reciprocity Industry Members from other Canadian jurisdictions who wish to trade in real estate in Nova Scotia must: provide a licensing history acceptable to the Commission provide a current (no older than six months) criminal record check complete the appropriate license application sign the Out of Province Certification form provide payment: cheque, money order, Visa or MasterCard Industry Members from international jurisdictions who wish to trade in real estate in Nova Scotia must: provide a licensing history acceptable to the Commission provide a current (no older than six months) criminal record check provide proof that they are eligible to work in Canada achieve a mark of 70 per cent or higher on the challenge exam, an exam specific to Nova Scotia real estate legislation and trading practices complete the appropriate license application provide payment: cheque, money order, Visa or MasterCard  Review Finding (info-q1) Nova Scotia Real Estate Commission FRPA Review Report Page 7

10 Level 2 Action (info-q1) Section 16(3)(g) Question 1B (info q1b) Can applicant begin the process outside of Canada? Explain, specify, clarify, where appropriate (info-q1b) Applicants can provide the Commission with their licensing and disciplinary history, education history, criminal record cheque, identification, and proof of eligibility to work in Canada from wherever they are. They can also challenge the provincial-legislation specific exam in an education or government institution approved by the Commission. Review Finding (info-q1b) Level 2 Action (info-q1b) Question 2 (info Q2 Web Link) Please provide a link to your website. Question 2a (info Q2a) a. I believe that information on our website is: clear and understandable; written in plain language? 2 Question 2b (info Q2b) Nova Scotia Real Estate Commission FRPA Review Report Page 8

11 b. On what basis do you make changes to your website? Feedback from Applicants, Policy Change, News Postings Question 2c (info Q2c) c. When was the section of the website pertaining to registration last updated? on-going Review Finding (info-q2) Level 3 Action (info-q2) Section 16(3)(g) Question 3a (info Q3a) a. Are your requirements (e.g. education, work experience, examination and fees) for registration specified by legislation, regulation and/or policy? Legislation, Regulation Question 3b (info Q3b) b. Specify the appropriate section(s)? See Act Sections 8 (i) through (m) and Sections 11 through See Commission Bylaw Part Three and Part Four. Question 3c (info Q3c) c. Is this information made available to applicants? Nova Scotia Real Estate Commission FRPA Review Report Page 9

12 Review Finding (info-q3) Level 3 Action (info-q3) Sections 7 (a), 7(c), 7(f), 16(3)(a), 16(3)(d) Question 4 (info Q4) Are you waiting for legislation to be passed? Explain, specify, clarify, quantify, where appropriate. (info-q4) The Commission really hopes to have its draft Real Estate Act read in the fall sitting of the legislature. I have tried twice to upload our draft act, but it won't upload. Will it, if needed. Action (info-q4) Question 5a (info q5a) a. Is the criteria for meeting the requirements of registration documented? Question 5b (info q5b) b. Do you provide applicants with the description of the criteria used to assess whether the requirements have been met (e.g. the number of years of schooling needed to be considered equivalent to a degree)? Explain, specify, clarify, quantify, where appropriate. (info-q5) Nova Scotia Real Estate Commission FRPA Review Report Page 10

13 The education requirement to become a real estate salesperson in Nova Scotia with no experience is a four week classroom course or an online course which must be completed within six months and achieving 70% or higher on a three hour exam. Review Finding (info-q5) Level 3 Action (info-q5) Sections 7(d), 16(3)(b) Question 6 (info q6) If you require translation of specific documents how is the applicant informed? Review Finding (info-q6) Level 1 Action (info-q6) Will include information on website. Section 7(a) Question 7 (info q7) Do you have a streamlined registration process for those applicants already registered in another Canadian jurisdiction (as per Chapter 7 Agreement on Internal Trade)? Explain, specify, clarify, quantify, where appropriate. (info-q7) Industry Members from other Canadian jurisdictions who wish to trade in real estate in Nova Scotia must: provide a licensing history acceptable to the Commission provide a current (no older than six months) criminal record check complete the appropriate license application sign the Out of Province Certification form provide payment: cheque, money order, Visa or MasterCard Review Finding (info-q7) Nova Scotia Real Estate Commission FRPA Review Report Page 11

14 Level 3 Action (info-q7) Website will be updated to make information more accessible. Sections 7(a), Ch 7 Question 8 (info q8) Does your organization make accommodations for applicants with physical or mental disability? Explain, specify, clarify, quantify, where appropriate. (info-q8) Applicants who wish accommodations be made in regards to a physical or mental disability must make their request in writing to the attention of the Licensing Committee. The applicant must provide evidence of their disability, most commonly in the form of a doctor's report or note confirming the disability. The most common disability accommodation request is additional time to write the licensing exam. Review Finding (info-q8) Level 1 - on a case-by-case basis Action (info-q8) Section 16(3)(h) Question 9a (info q9a) a. Is any or all of your assessment process done by a third party (e.g. national bodies, credential assessment agencies, etc.)? No Question 9b (info q9b) b. If so, please specify the name of the organization and describe their role. No third party assessors. Nova Scotia Real Estate Commission FRPA Review Report Page 12

15 Question 9c (info q9c) c. Please indicate the types of activities that they assist with? Other (please specify) Question 9d (info q9d) d. Can you describe how they adhere to the General Duties of the Regulatory Body as outlined in the Act including transparency, objectivity, impartiality and procedural fairness? Other (please specify) Question 9e (info q9e) e. Are you informed of all decisions made by third parties on applicants? No Question 9f (info q9f) f. Does your third party have an internal review process for unsuccessful applicants? No Explain, specify, clarify, quantify, where appropriate. (info-q9) We do not use third party assessors. Review Finding (info-q9) n/a Action (info-q9) Section 16(3)(i) Question 10a (info q10a) a. What types of supports do you provide to applicants during the registration process? Nova Scotia Real Estate Commission FRPA Review Report Page 13

16 Internet, Telephone, Print Material, Other (please specify) Question 10b (info q10b) b. Have you had applicants who need support mechanisms that you canâ t provide or are not available? No Explain, specify, clarify, quantify, where appropriate. (info-q10) 10. a) Applicants can also schedule a meeting with the licensing officer and/or the registrar in the Commission office. Review Finding (info-q10) Level 3 Action (info-q10) Sections 7(e), 16(3)(k) Question 11 (info q11) Where practical, do you provide unsuccessful applicants with information on programs and services they can participate in to facilitate successful registration in the future? Explain, specify, clarify, quantify, where appropriate. (info-q11) When an applicant is refused a license, the reasons why the licence was refused are explained in the decision letter. These reasons include what the applicant has to do, unless completely ineligible for licensing, to get licensed. I.e. complete a course, pay a judgement, wait for a year to lapse after summary conviction. Review Finding (info-q11) Level 3 Action (info-q11) Nova Scotia Real Estate Commission FRPA Review Report Page 14

17 Section 8(d) Question 2 (comm q2) Do you have a reasonable timeframe to responde to inquiries from applicants? 1 Very Reasonable Explain, specify, clarify, quantify, where appropriate. (comm-q2) Inquiries are responded to when they are received, typically the same or next day. Review Finding (comm-q2) Level 1 Action (comm-q2) Will include information in the admin manual. Sections 7(b), 8(a), 8(b), 8(c) Question 3a (comm q3a) a. Do you provide written decisions, responses and reasons for acceptance or rejection of an application? Question 3ai (comm q3ai) i. Do you have a formal policy for this process? Question 3aii (comm q3aii) ii. Do you have a standard timeline? No Nova Scotia Real Estate Commission FRPA Review Report Page 15

18 Question 3b (comm q3b) b. Do you provide applicants who are not granted registration with information regarding an internal review process (including the opportunity to make submissions respecting such review)? Question 3c (comm q3c) c. Based on the previous questions, describe ways your organization could improve the timeliness of your decisions and/or how you communicate the results? Our proposed Real Estate Trading Act permits greater flexibility than our existing Act. While decisions of the Registrar are made in a very timely manner, the existing Act requires the Licensing Committee to conduct an independent review, which requires calling a Licensing Committee meeting. The proposed Act allows for an independent review by the Licensing Committee or a panel selected from the Licensing Committee members. A panel selected from the committee members, rather than the whole committee, could be scheduled in a much shorter time-frame. Review Finding (comm-q3) Level 2 Action (comm-q3) Will specify timelines, where applicable. Sections 8(b), 8(c) Question 1a (docu q1a) a. Do you provide information on what documentation of qualifications must accompany an application? Question 1b (docu q1b) b. Do you include a process for verification of documentation authenticity? Nova Scotia Real Estate Commission FRPA Review Report Page 16

19 Explain, specify, clarify, quantify, where appropriate.(docu-q1) We require licensing and education histories be sent by the regulatory body where the applicant is licensed to our office. We require criminal record checks be issued on paper with a seal (not electronically). We require photo ID, a birth certificate/passport/citizenship card/permanent resident card. Review Finding (docu-q1) Level 2 Action (docu-q1) Section 9(a) Question 2 (docu q2) Do you provide information on the steps in the registration process including supporting documentation required at the various steps? Explain, specify, clarify, quantify, where appropriate. (docu-q2) An is sent with the requirements and we attach the forms they need to complete to the . All our licensing forms are also found on our website - Review Finding (docu-q2) Level 3 Action (docu-q2) Sections 7(c), 16(3)(a), 16(3)(b) Question 3 (docu q3) Do you accept alternative information if required documents cannot be obtained for reasons beyond the applicants control (e.g. a sworn statement in lieu of full documentation)? Nova Scotia Real Estate Commission FRPA Review Report Page 17

20 Explain, specify, clarify, quantify, where appropriate.(docu-q3) If an international candidate does not have a birth certificate we will accept Citizenship Card or Permanent Resident Card and passport. Review Finding (docu-q3) Level 2 Action (docu-q3) Will include in admin manual. Sections 9(b), 16(3)(c) Question 4 (docu q4) What difficulties or obstacles are faced by applicants who received their qualification in a country other than Canada? Other (please specify) Explain, specify, clarify, quantify, where appropriate.(docu-q4) Has not occurred. Action (docu-q4) Sections 9(b), 16(3)(c) Question 5a (docu q5a) a. Do you have a process for which requests for access documentation related to registrations are considered? Question 5b (docu q5b) b. Is this made available to applicants? Nova Scotia Real Estate Commission FRPA Review Report Page 18

21 Question 5c (docu q5c) c. What information may you exclude? We do not exclude any information. Question 5d (docu q5d) d. Do you charge a fee? No Section 12(1), 16(3)(j) Question 1 (inte q1) Does your Act include an authority to conduct an internal review of the registration decision? Explain, specify, clarify, quantify, where appropriate.(inte-q1) Real Estate Trading Act Section 14. (2) The Registrar shall not refuse to license a person or refuse to renew or reinstate a license without giving the applicant for the license or the renewal or reinstatement an opportunity to appear before the Licensing Committee. (3) The Registrar shall notify an applicant, in writing, of the Registrar's decision and provide written reasons for the decision. Review Finding (inte-q1) Level 3 Action (inte-q1) Section 7(a) Question 2 (inte q2) Do you have a regulation or by-law that defines the internal review process? Nova Scotia Real Estate Commission FRPA Review Report Page 19

22 Explain, specify, clarify, quantify, where appropriate. (inte-q2) Act Section 14. (2) A person who is aggrieved by a decision of the Registrar may apply, in the manner and form prescribed by the by-laws, to the Licensing Committee to review that decision. (3) On a review pursuant to subsection (2), the Licensing Committee may (a) direct the Registrar to issue a license to the applicant or renew or reinstate a license in a manner the Licensing Committee considers appropriate; or (b) confirm the Registrars decision. (4) On a review pursuant to this Section, the applicant may appear in person before the Licensing Committee in support of the application. (5) The Registrar shall cause the applicant to be informed, in writing, of the decision of the Licensing Committee regarding the review. Review Finding (inte-q2) Level 3 Action (inte-q2) Section 7(a) Question 3 (inte q3) When are unsuccessful candidates informed of their right to internal review of a registration decision? Included with a registration decision Explain, specify, clarify, quantify, where appropriate. (inte-q3) Included with the reasons why the applicant was denied licensing, the letter also states the applicant's right to a review of the Registrar's decision. Review Finding (inte-q3) Level 3 Action (inte-q3) Well documented - timeline for response will be included in the admin manual Sections 7(a), 10(1) Nova Scotia Real Estate Commission FRPA Review Report Page 20

23 Question 4a (inte q4a) a. Do you have an internal review process and procedures document (policy document)? No Question 4b (inte q4b) b. Does this include time frames for the internal review? Not Applicable Explain, specify, clarify, quantify, where appropriate. (inte-q4) Process is documented in the Act and Bylaw, not a policy document. Review Finding (inte-q4) Level 3 Action (inte-q4) Well documented in by-laws. Sections 7(a), 10(1) Question 5a (inte q5a) For the internal review process you make available to applicants that are not granted registration: a. Summarize the process of the internal review? The Registrar's written decision provides the applicant with the reason or reasons the licence was denied. The applicant has two choices. 1. To request the Licensing Committee review the Registrar's decision. 2. Proceed with a full licensing hearing as documented in the Bylaw. Question 5b (inte q5b) b. Describe the opportunities made available to an applicant to make submissions respecting such review. Nova Scotia Real Estate Commission FRPA Review Report Page 21

24 The applicant can submit any documentation in support of their application that they wish to the Licensing Committee and can also appear before the committee. If they choose to proceed with a full legal hearing, they have the right to be represented by legal counsel. Question 5c (inte q5c) c. Specify the format for the internal review submission Oral, Written Question 5d (inte q5d) d. What is the timeline for submitting supporting evidence? Unlimited It depends. If the applicant chooses the review, they must submit all of their evidence before the licence committee meets, or wait till the next licencing committee. If choosing a licencing hearing, they must submit evidence before or at the hearing. Question 5e (inte q5e) e. Do you believe this is enough time to receive supporting evidence from outside Canada? Explain, specify, clarify, quantify, where appropriate. (inte-q5) There is no deadline to request a review of the Registrar's decision or to go to a licensing hearing. If the applicant is refused a licence because they did not provide sufficient supporting evidence in their initial application, then they will be advised to wait until they do have sufficient evidence before proceeding. Review Finding (inte-q5) Level 3 Action (inte-q5) Nova Scotia Real Estate Commission FRPA Review Report Page 22

25 Sections 7(a), 10(1), 10(2), 10(4), 16(3)(m) Question 6a (inte q6a) a. Are the results of the internal review made available to applicants in writing, with reasons? Question 6ai (inte q6ai) i. In what timeframe are the results of the internal review made available to applicants? less than 1 month Question 6aii (inte q6aii) ii. Are these timelines communicated? Explain, specify, clarify, quantify, where appropriate.(inte-q6) As specified in the Bylaw, the Licensing Committee must deliver their written decision and reasons to the applicant within 15 days of the review/hearing. Bylaw 358 Review Finding (inte-q6) Level 3 Action (inte-q6) Sections 7(a), 10(3) Question 7 (inte q7) Have individuals who make internal review decisions received appropriate training? No Explain, specify, clarify, quantify, where appropriate. (inte-q7) Nova Scotia Real Estate Commission FRPA Review Report Page 23

26 The committee members receive an orientation to the committee when appointed. Action (inte-q7) Will bring in the licensing committee when training the complaint review and discipline committees. Sections 7(a), 11, 16(3)(p) Question 8 (inte q8) Do you have a prohibition that states â no one who acted as a decision-maker in respect of a registration decision acted as decision maker in an internal review? Explain, specify, clarify, quantify, where appropriate. (inte-q8) Staff, specifically the Registrar, makes the initial decision regarding registrations. If a review/hearing is requested, the Licensing Committee, which is made up of licensed and unlicensed volunteers, conducts the review. Staff is not a part of the review or hearing. Review Finding (inte-q8) Level 3 - registrar first call, licensing committee second Action (inte-q8) Sections 7(a), 10(5), 16(3)(n) Nova Scotia Real Estate Commission FRPA Review Report Page 24

27 Appendix B Forms Nova Scotia Real Estate Commission FRPA Review Report Page 25

28 Nova Scotia Real Estate Commission FRPA Review Report Page 26

29 Nova Scotia Real Estate Commission FRPA Review Report Page 27

30 Nova Scotia Real Estate Commission FRPA Review Report Page 28