Criminal offence charges can present serious difficulties for members of, or applicants to, the Real Estate Council of Ontario (RECO). Both current members and applicants who have been charged with criminal offences are required to disclose their criminal history to RECO.
An unfavourable outcome can threaten your licence and may be grounds for revocation. Understanding your disclosure obligations and securing a favourable resolution to criminal charges is essential for protecting your career in real estate.
What Legislation Governs RECO Disclosure Requirements?
The governing legislation for RECO is the Real Estate and Business Brokers Act (REBBA). Sections 10 and 34.1 dictate the requirement to disclose criminal charges and other changes to your registration information.
Under these sections, members are required to notify the registrar’s office of any changes to the information contained in their original application. While the wording is broad, the application is extensive. Everything from a change of email address to a criminal charge must be disclosed.
What Must Applicants Disclose to RECO?
If you are applying for RECO membership, Question 7 of the application asks whether you have ever been charged with a criminal offence and how your matter was resolved.
You must provide complete and accurate information about any criminal charges, regardless of when they occurred or how they were resolved. Failure to disclose can result in denial of your application or future disciplinary action if the omission is discovered.
What Must Current RECO Members Disclose?
Current RECO members have an ongoing obligation to disclose criminal charges to the registrar’s office. If you are arrested or charged with a criminal offence, you must inform the registrar’s office within 5 days of your arrest.
If you were not aware of this obligation, you should inform the registrar’s office as soon as you become aware and explain that you did not know about this requirement. Prompt disclosure, even if delayed, is better than non-disclosure.
How Does RECO Handle Criminal Charge Notifications?
RECO considers the outcome of criminal charges when deciding whether to grant an application or allow continued membership. The nature of the charges, the circumstances, and how the matter resolves all factor into their assessment.
For instance, if a matter resolves through a peace bond and the withdrawal of charges, RECO understands that a peace bond is not a finding of guilt. They typically treat this as a less serious outcome. A peace bond would not affect a member’s licence and would not be grounds for rejecting an application.
In such cases, RECO would typically require the member to submit copies of their information, recognisance or promise to appear, undertaking, and a copy of the peace bond to the registrar’s office.
What Conditions Might RECO Impose?
Under Section 13 of REBBA, which addresses voluntary conditions of registration, RECO may monitor a member’s compliance with a peace bond for the duration of the bond. The member would be required to inform RECO of any further issues, such as a breach of the bond conditions.
RECO may also require the member to complete a new criminal record check and may place the member’s registration on conditions until the bond is completed.
What Are the Ongoing Criminal Record Check Requirements?
Every two years, RECO members are required to submit a criminal record check. While RECO does not conduct vulnerable sector checks, the biennial criminal record check ensures that any new charges or convictions are disclosed.
Failure to disclose criminal matters that appear on these checks can result in disciplinary action, including potential revocation of your licence.
Why Is a Favourable Outcome So Important?
For applicants to and members of RECO, achieving a favourable outcome on criminal charges is critical. A criminal conviction or guilty plea can threaten your ability to obtain or maintain your real estate licence.
Favourable outcomes such as withdrawn charges, peace bonds, discharges, or acquittals demonstrate to RECO that the matter did not result in a finding of guilt. This distinction can be the difference between keeping your licence and facing revocation.
Hire an Experienced Criminal Defence Lawyer
Hiring an experienced criminal defence lawyer is essential for RECO members and applicants facing criminal charges. A skilled lawyer can work toward outcomes that protect both your freedom and your professional licence.
Pyzer Criminal Lawyers has over two decades of experience defending clients throughout Toronto and the GTA. We understand what’s at stake when your career depends on the outcome of criminal charges. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your situation.
This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.
