| 1 |
In this Regulation, |
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(a) |
“Act” means the Real Estate Act; |
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(b) |
“management body” means a management body that is
established under section 5 of the Alberta Housing Act and is operating and administering housing
accommodation under that Act; |
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(c) |
“non-profit organization” means |
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(i) an organization constituted exclusively for charitable
or benevolent purposes where no part of its income is
payable to or otherwise available for the personal
benefit of any proprietor, member or shareholder,
and |
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(ii) a management body; |
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(d) |
“subsidized residential premises” means residential
premises rented to a tenant of low income who pays rent |
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(i) that is reduced by reason of public funding provided
by the Government of Canada or Alberta or a
municipality, or by their agents, under the National
Housing Act (Canada) or the Alberta Housing Act,
and |
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(ii) that is determined by the tenant’s income.
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| Exemption from Act |
| 2(1) |
The following persons are exempt from the Act as it relates to
acting as a real estate broker, except Part 2, Division 2: |
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(a) |
an on-site manager who, on behalf of a real estate broker
or an owner of residential property, |
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(i) maintains residential property, |
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(ii) collects rent on behalf of the broker or owner in
respect of residential property, |
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(iii) shows residential property to prospective tenants, or |
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(iv) receives applications in respect of residential
property from prospective tenants, |
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but who does not negotiate or approve leases or rental
agreements or hold rental or other money in respect of
residential property on behalf of the broker or owner; |
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(b) |
a person who is licensed under the Retail Home Sales
Business Licensing Regulation (AR 197/99) and is
carrying on business in accordance with that Regulation; |
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(c) |
a non-profit organization, or an employee, official or
member of the organization, with respect to its or his |
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(i) leasing or renting of subsidized residential premises, |
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(ii) collecting or offering or attempting to collect money
payable as |
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(A) rent for the use of subsidized residential
premises, or
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(B) contributions for the control, management or
administration of subsidized residential
premises,
or
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(iii) acting, advertising, conducting or negotiating directly
or indirectly in furtherance of any activity referred to
in subclauses (i) and (ii) |
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on behalf of the owner or other person in charge of the
subsidized residential premises. |
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| (2) |
The following persons and classes of persons are exempt from
the provisions of the Act as it relates to acting as a mortgage
broker: |
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(a) |
a corporation, in respect of mortgages given to it in
conjunction with a scheme or arrangement to provide
housing for its own employees or the employees of a
parent, subsidiary or affiliated corporation; |
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(b)-(e) |
repealed AR 132/2008 s3; |
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(f) |
Agriculture Financial Services Corporation. |
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| (3) |
The following persons are exempt from the Act as it relates to
acting as a real estate appraiser: |
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(a) |
repealed AR 132/2008 s3; |
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(b) |
an accredited municipal assessor of Alberta or a candidate
member as defined in the Municipal Assessor Regulation
(AR 84/94), when the accredited municipal assessor or
candidate member is involved in the practice of
assessment as defined in the Municipal Assessor
Regulation (AR 84/94). |
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AR 111/96 s2;80/2001;205/2004;132/2008 |
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| Expiry |
| 3 |
For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on June 30, 2018. |
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AR 111/96 s3;80/2001;60/2006;132/2008 |
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| Coming into force |
| 4 |
This Regulation comes into force on July 1, 1996. |
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