December 5th - 2004

OREA points heeded on procedures for CREA code changes

OREA's objections to proposed changes to CREA's Code of Ethics and Standards of Business Practice has held them for further consideration, thanks to amended motions that passed at the CREA Special Assembly on October 23.

OREA's objections to proposed changes to CREA's Code of Ethics and Standards of Business Practice has held them for further consideration, thanks to amended motions that passed at the CREA Special Assembly on October 23.

Delegates voted in favour of OREA’s amendments, delaying approval of the proposed amendments to the Code and Standards as well as the proposed Compliance, Communications and Education Protocols. All of these matters will be brought to CREA’s Annual General Meeting on April 9, 2005, for deliberation and decision.

“Our main concern is that Ontario REALTORS are only disciplined once for a misconduct,” says OREA President Laura Leyser. “All licensed real estate professionals in Ontario are bound by the RECO Code of Ethics. The CREA Code of Ethics applies only to REALTORS – those professionals who are members of organized real estate.”

The Co-Existing Discipline Jurisdictions (CDJ) Model, created by OREA in 1999 for use by Ontario’s real estate boards, currently prevents that, by reducing significantly the chance of a REALTOR being investigated and disciplined twice– once by RECO for a breach of its code, and then again by his real estate board for a breach of the CREA code.

“It could happen, but very rarely. Our main concern is that the CDJ Model remains intact,” says Leyser.

OREA called upon CREA to prepare a Compliance protocol that “considers the primacy of provincial statutory jurisdiction” meaning that if there is a divergence between individual parts of the CREA code and the RECO code or any other provincial regulator’s code, the provincial code would take precedence.

OREA also maintains that boards should not be the bodies that discipline members regarding breaches of the REALTOR and MLS trademarks, but that these matters should continue to be handled by CREA.

On education, the apparent mandatory nature of the requirement has drawn strong resistance from OREA’s Legal Resource Committee (LRC). “We have not yet received a satisfactory response as to whether CREA would require boards to suspend or terminate members who do not take the CREA Code of Ethics course,” says LRC Chair, Tim Lee. Ontario REALTORS are currently required to take 24 continuing education course hours to maintain the registration, and a RECO Code of Ethics course is already an option.

Lee said that the LRC continues to review the amendments to the Code and Standards and the proposed protocols, and, over the next few months, will continue to provide Ontario boards with the committee’s views on the acceptability of the CREA proposals in preparation for the CREA AGM in April.

Log on to REALTORLINK™ and under “Latest” select Code of Ethics Workbook 6, to see the latest amendments proposed by CREA.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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