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GUIDE TO REBBA (2002) Real Estate Board Appeal The respondent may appeal a decision of a discipline hearing panel, with the exception of delinquent account disputes (pursuant to by-law provisions relating to this matter), provided that the procedure set out in the by-law is followed. The appeal is made to an appeal panel made up of three members of the board who are either directors or past presidents. Only the respondent (appellant) has the right to appeal a discipline hearing decision. The professional standards committee cannot initiate appeal proceedings but may participate in an appeal at its sole discretion.

An appeal is not a re-hearing, as no new evidence is submitted and no witnesses are called. The parties are permitted to present their respective positions by way of written statements that are submitted to the appeal panelists and the other party before the appeal hearing. Supplementary oral arguments may be made at the appeal hearing. In its decision, the appeal panel may:

Dismiss the appeal; i.e., uphold the discipline hearing panel decision.
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Grant the appeal; i.e., overturn the discipline hearing panel decision.
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Amend the decision of the discipline hearing panel.
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Refer the matter back to the discipline committee for a new discipline hearing in whole or in part.

Impose any of the penalties that could be imposed by the discipline hearing panel and/or direct the disposition of the appeal filing fee.

A member may appeal the decision and/or the penalty.

Appeal to the Ontario Real Estate a__ociation A further right to appeal to OREA is provided. The appeal to OREA is only permitted after the appellant has exhausted appeal rights at the local board level and only if the appellant has followed all appropriate appeal procedures. A filing fee is required by OREA together with the appropriate notice of appeal. Individuals should obtain the OREA By-law for further information regarding the right to appeal. The Code of Ethics (Regulation 580/05), previously found in the RECO by-laws, is now included as a Regulation under REBBA 2002. The Real Estate Council oversees all matters concerning the Code of Ethics.

Explanatory notes for the Code of Ethics are set out in the Guide to REBBA 2002 published by RECO. Code Of Ethics (Real Estate Council Of Ontario)

The Code of Ethics (Regulation 580/05), previously found in the RECO by-laws, is now included as a Regulation under REBBA 2002. The Real Estate Council oversees all matters concerning the Code of Ethics. See REBBA 2002 for a reprint of both the Act and all Regulations, including Regulation 580/05.

Explanatory notes for the Code of Ethics are set out in the Guide to REBBA 2002 published by the Real Estate Council of Ontario. A panel normally composed of members of the discipline committee who are usually members of the applicable real estate board. A discipline hearing panel typically consists of three members, one of whom is named the discipline hearing chairperson. If and when the real estate board participates in co-operative discipline (involving another board), some or all of the discipline hearing panelists for any given case may be chosen from members of the discipline committee of the co-operating real estate board. The following description of the discipline process is for general information only. Procedures are subject to change. Contact the local real estate board. The discipline hearing decision, along with reasons, is forwarded to the respondent and the professional standards committee, but not to the complainant. The complainant is advised by letter, either after the discipline hearing or after the appeal, if applicable, whether or not the panel found that the respondent engaged in unethical conduct. If the respondent is found to have engaged in unethical conduct, the complainant is informed as to the sections of the CREA Code of Ethics and Standards of Business Practice, board by-law or rules that the respondent was found to have breached.

The discipline hearing panel may levy one or more penalties as set out in the board by-law. If the respondent fails to comply with the decision of the discipline hearing panel (or an appeal panel, if applicable) by the discipline compliance date as defined in the board by-laws, the board of directors may, at any subsequent meeting and without further proceedings, terminate the respondent's membership in the real estate board. RECO-Programs/Activities
Mandatory Continuing Education Registrants must fulfill mandatory continuing education requirements for registration renewal. Twenty-four credit hours of continuing education must be completed in accordance with the Mandatory Continuing Education Policy.

Required Course: RECO Real Estate Update
Registrants must complete at least one of either RECO Real Estate Update-Residential or RECO Real Estate Update-Commercial during each 2-year registration cycle. These 6-credit hour courses are offered by the OREA Real Estate College and are available online, by correspondence or in a classroom setting.

Figure OR.2b The Learning Cycle

Figure OR.3 Insurance Coverage

Pre-Approved Education Providers The Real Estate Council of Ontario has pre-approved the following education providers.

Appraisal Institute of Canada
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a__ociation of Ontario Land Surveyors
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Canada Mortgage and Housing Corporation
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Canadian Bar a__ociation
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Canadian Community Colleges
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Canadian Condominium Institute
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Canadian Institute of Chartered Accountants
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Canadian Institute of Mortgage Brokers and Lenders
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Canadian Polytechnical Institutes
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Canadian Real Estate a__ociation
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Canadian Universities
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Canadian/Ontario Home Builders a__ociation
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Commercial Investment Real Estate Institute
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Institute of Real Estate Management
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Law Society of Upper Canada
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National a__ociation of REALTORS®
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Ontario Real Estate a__ociation
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OREA Real Estate College
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Ontario Real Estate Boards
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Ontario Secondary Schools
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Other Provincial Real Estate a__ociations in Canada
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Real Estate Institute of Canada
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Society of Industrial and Office REALTORS®

Course/Seminar Subject Areas RECO has identified acceptable subject areas for education providers to pursue in developing mandatory education courses.

See Also Figures OR.2a and OR.2b for summary details.