July 2025 By-law Updates: Part 7—Conduct and Trade Practices and 8—Discipline
July 2025 By-law Updates: Part 7—Conduct and Trade Practices and 8—Discipline
March 4, 2025
The Nova Scotia Real Estate Commission Board of Director’s has approved updates to the Commission By-law Part 7—Conduct and Trade Practices and 8—Discipline. These updates will be effective July 1, 2025.
The By-law updates include re-ordering, improved terminology, and restructuring to remove the former use of “articles” in Part 7.
Some by-laws have been updated for clarity without changing the actual by-law, whereas others have been significantly changed. Below are examples of some of the updates to Parts 7 and 8, effective July 1, 2025. This list does not cover every update being made to the By-law. Licensees are responsible for knowing and acting in accordance with the By-law. It is important for licensees to read the updated Parts 7 and 8.
Resources
To read the new Part 7, click HERE.
To read the new Part 8, click HERE.
The read the full current By-law, click HERE.
Bulletins about these By-law Changes:
- March 4, 2025: Commission By-law Update
Examples of Changes to By-law Parts 7 & 8 Effective July 1, 2025
Terminology Changes
The term "customer" will be replaced with "unrepresented party" to better clarify and reflect the relationship between the broker/designated agent and a person not in an agency relationship.
The By-law will include clear definitions for common-law agency brokerages and designated agency brokerages.
Broker Responsibility
By-law 701 will include more emphasis on broker responsibility and supervision. The new by-law will require brokers and managing associate brokers to report to the Commission regarding their broker-managed persons:
- Licensee misconduct relating to fraud, deception, theft, or unlawful activities.
- Upon becoming aware, if their broker-managed person has been charged with an offence under the Criminal Code of Canada.
The By-law will also require designated-agency brokerages with a broker who conducts trades in real estate to have a managing associate broker licensed with the brokerage. The managing associate broker of the brokerage fulfills the duties of the brokerage per the terms of designated brokerage agreements for trades conducted by the broker. The managing associate broker fulfilling the duties of the brokerage cannot act as the designated agent representing the other party on trades conducted by the broker.
Team Supervision Requirements
By-law 702 will still require brokers to be aware of all teams and their members within their brokerage, but will no longer require the broker to maintain a written record of every team and their members.
By-law 762 will include more clarity specific to teams, such as team supervision and emphasis on brokers responsibility to ensure that team advertising is compliant.
Licensee Availability
By-law 704 will require licensees to notify their broker of any foreseeable interruptions to their availability, ensuring the broker is kept informed of any gaps in service.
Brokerage Contracts for Licensees and Changing Brokerages and Contracts
By-law 706 will require brokers to have written contracts for the terms of engagements for individuals that intend to be licensed with their brokerage. This will ensure that all agreements with recruits are clearly defined and documented.
By-law 705 will require those terms of engagements to include clear terms on whether the brokerage will release consumers subject to service agreements that were entered into by the individual or team on behalf of the brokerage if the licensee eventually ceases to be licensed with the brokerage. This is not a requirement under the existing By-law and the scenario can lead to confusion or issues for licensees and consumers if the terms aren’t agreed to in advance, which will be resolved with proper disclosure under the new By-law.
Disclosure of Interest in Listings for Brokers and Management/Ownership
By-law 734 will require brokers and brokerage management/owners to disclose any personal interest they have if they want to buy a property listed within their own brokerage, ensuring transparency and avoiding conflicts of interest.
Material Latent Defects
By-law 735 will expand on material latent defects and their disclosure. The By-law will also outline how a client who instructs a licensee to withhold a required disclosure of a material latent defect is giving an unlawful instruction and the licensee must refuse to provide further trading services to or on behalf of that client in respect of the trade in real estate, unless the client agrees to provide the disclosure.
Incentives
Under By-law 771, incentives will no longer have to be offered brokerage-wide, so they can be offered by individual licensees. The By-law will still require incentives be in writing, be approved by the licensee’s broker and include any details, terms or conditions to the incentives.
New Sub Committee for Complaints
By-law 805 will introduce a new appeal process, allowing complainants to request that the Complaints Appeal Committee review their complaint, if it has been originally dismissed by the Registrar.
By-law 820 will be a new by-law where a licensee will not be required to admit guilt if they agree to a lifetime withdrawal from the industry, in which case, the Commission will not pursue charges against the licensee.
Updated Hearing Panel Procedures
As a result of the By-law updates, the hearing panel procedures will also be updated for clarity.
Publication of Discipline Decisions
By-law 856 will allow for the publication of all discipline decisions as of July 2025. The decisions, including the name of the licensee will be published and viewable in the Public Licensee Search available on the Commission’s website. Disciplinary decisions made after July 2025 will be permanently tied to their licence record, even if they change brokerages or leave the industry and reinstate.
