IT'S TIME TO ACT

Members are strongly encouraged to review the Act prior to completing the survey. It can be found here. Each question below provides the page and section number on which the relevant part of the Act can be found.

Question Title

* 1. The draft modernized Act proposes a change in terminology for NBREA leadership.
First, a change from "Board of Directors" to "Council". 
WHY: the term "Board" can be confused with the real estate board. Using the term "Council" clarifies the body that leads NBREA.

Second, a change from "President" to "Chair".
WHY: The term "Chair" better describes that this elected role is not to preside as President over the organization in an operational capacity, but to CHAIR the elected team that governs it.  

WHAT are your thoughts?

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* 2. The draft modernized Act proposes that members continue to elect fellow members to the Council (formerly Board of Directors) table, but that the members of Council then elect senior leadership positions (Chair, Chair-Elect, Vice Chair, Secretary-Treasurer).

WHY: It’s thought that those members are the ones who know best whether their fellow Council (or Board) members are fit to lead. They can see who shows up prepared for meetings, or who doesn’t show up at all, and who constructively contributes to discussions and debates. This is how the Canadian Real Estate Association elects its leadership positions.

IMPORTANT: Now that the individual real estate boards have amalgamated, the previous director seats that were automatically filled by the sitting president (or designate) from each Board are now proposed to be elected by the membership, which means members would be voting on more individuals than ever before.

WHAT are your thoughts?

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* 3. The draft modernized Act proposes the creation of a new "Professional Standards Committee" to develop or clarify standards as the profession continues to grow and evolve. Made up of members (none of which are part of Council) and a public representative, this committee would meet regularly to research and draft standards for consideration by Council. Any standards up for consideration would include member consultation to ensure they are based firmly on sound practices.

WHAT kinds of trends or issues would a committee like this tackle? Please check ALL THAT apply, OR NONE with an explanation (please) in the "OTHER" box if you don't agree with this approach.

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* 4. Should there be member consultation on professional standards the committee creates, or do you feel the standards should be benchmarked against other provinces, legally developed, approved by Council (formerly the Board of Directors), and enacted without member consultation for the betterment of the profession?

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* 5. In 2022, the Office of the Registrar began distributing Discipline Decisions to the membership by email. The modernized Act formalizes this practice. 

WHY: This is a common practice among other professions, including law, nursing, and teachers. The thought is that, to step up and ask to be called a profession rather than an industry, real estate professionals must be prepared to make their Discipline Decisions completely transparent, like professions do. 

WHAT are your thoughts? 

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* 6. It is proposed that the Registrar's duties be expanded to include the ability to initiate research into operating practices at a member's place of business, based on reasonable suspicion that an ethical breach may have or be occurring.

WHY? Currently, the Registrar has the right to investigate whether an act of professional misconduct or incompetence has been committed only when a formal, written complaint is received. On occasion, the Registrar is made aware of wrongdoing for which the complainant is unwilling to submit a formal written complaint. This new authority - which is a best practice among regulated professions - gives the Registrar the ability to take action in researching concerning allegations.

WHAT are your thoughts?

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* 7. The modernized legislation also proposes to expand the Registrar's duties to include the ability to dismiss complaints that are deemed to be frivolous or vexatious.

WHY? Currently under our existing Act, every single complaint, even if it’s completely outside the scope of NBREA’s legislation, must be accepted and processed through our Complaints and Discipline apparatus. If the complaint isn't legitimate, this can result in wasted time and effort by our staff and volunteers, not to mention the stress involved for the members to whom the complaint relates.

Dismissing complaints cannot be done in a vacuum. When the Registrar opts to dismiss a complaint, he must file a report with the Complaints Committee, providing his reasons, and a copy of that report is also sent both to the Complainant and the Respondent.

WHAT are your THOUGHTS?

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* 8. Do you have any concerns, suggestions, or questions about the legislation modernization project you'd like to express to the team?

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