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Volume 59, No. 17

217/2016

The British Columbia Gazette,

Part II

September 20, 2016

B.C. Reg. 217/2016 , deposited September 19, 2016, under the REAL ESTATE SERVICES ACT [sections 130 and 137.5] and the MISCELLANEOUS STATUTES (HOUSING PRIORITY INITIATIVES) AMENDMENT ACT, 2016 [section 44]. Order in Council 648/2016, approved and ordered September 16, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective September

30, 2016,

(

a) sections 18 to 42 of the Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016 , S.B.C. 2016, c. 27, are brought into force, and

(

b) the Real Estate Services Regulation, B.C. Reg. 506/2004, is amended as set

out in the attached Appendix.

— M. DE JONG, Minister of Finance ; J. RUSTAD, Presiding Member of the Executive Council .

Appendix

1 The Real Estate Services Regulation, B.C. Reg. 506/2004, is amended by repealing

Division 3 of

Part 4.

2 Sections 6.1 and 6.3 are repealed.

3 The following

Part is added:

Part 6.1 – Rule-making by Superintendent

Procedures relating to rules

6.1.1

(1) This

section applies to rules of the superintendent under

section 89.2 [superintendent rules] of the Act.

(2) At least 30 days before making a rule, the superintendent must

(

a) notify licensees of the proposed rule in accordance with subsection (6),

(

b) provide licensees with an opportunity to comment on the proposed rule, and

(

c) send to the minister and the real estate council a copy of the information

referred to in subsection (6).

(3) After the minimum period established by subsection (2) has passed, the superintendent

may

(

a) make the rule as proposed,

(

b) make the rule with editing changes that do not substantively alter the effect

of the rule, or

(

c) withdraw the proposed rule.

(4) For the purposes of subsection (3) (b), a change in the proposed effective

date of the rule does not substantively alter the effect of the rule if the new effective

date is a later date than that originally proposed.

(5) As soon as practicable after making the rule, the superintendent must

(

a) notify licensees, in accordance with subsection (6), and

(

b) send to the minister and the real estate council a copy of the information

referred to in that subsection.

(6) A notification to licensees under subsection (2) or (5) must provide

(

a) the wording of the proposed rule, or the adopted rule, as applicable, and

(

b) an explanation of its purpose and intended effect.

(7) A notification to licensees required under this

section may be given by publication

on the superintendent’s web site.

Part 9 is repealed.

5 The following

Part is added:

Part 11 – Transitional

Rules repealed

11.1

Section 2-23 [administrative penalties] and

Part 10 [transition] of the rules of the former council, as “former council” is defined in

section 137.1

of the Act, are repealed.

Bylaws repealed

11.2

Part 2 [election of council members] and

section 3-1 [election of chair] of the general bylaws are repealed.

6 The

Schedule is repealed.

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