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Real Estate Professional Hearings
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Go to Pre-Hearing Conferences FAQ Permanent link to this section
- What’s the purpose of a pre-hearing conference? Permanent link to this section
- Are pre-hearing conferences open to the public?Permanent link to this section
- How do I prepare for a pre-hearing conference?Permanent link to this section
- What if I can’t attend a pre-hearing conference in person? Permanent link to this section
About HearingsPermanent link to this section
BCFSA’s Discipline Hearings, Special Compensation Fund Hearings and Qualification Hearings conducted under the Real Estate Services Act are open to the public unless otherwise indicated.
Currently, all proceedings will be heard by audio or video conference or conducted in writing, following BCFSA’s Virtual Proceedings Procedures.
Upcoming HearingsPermanent link to this section
Notices of upcoming hearings are published approximately two months in advance of the scheduled dates.
Hearing dates and times are subject to change.
Please refer to the Upcoming Hearings page for information on hearing dates.
A Notice of Discipline Hearing is not a finding of guilt or misconduct.
Hearing decisions are published in Decisions.
Attending HearingsPermanent link to this section
Hearings are open to the public unless the Hearing Officer(s) determine that a hearing, or portion of a hearing, must be held in camera to prevent the unauthorized disclosure of financial or personal matters, or other confidential information that would be damaging to any of the parties. In determining whether a hearing, or a portion of a hearing, should not be open to the public, the Hearing Officer will consider whether:
- A public hearing would be unduly prejudicial to a party or a witness; and
- Whether it would not be prejudicial to the public interest to order that the public be excluded for all or part of the hearing.
If you plan to attend a hearing: Please register in advance by contacting the Hearing Coordinator at least 7 days prior to the scheduled hearing date. Advance registration is required to ensure there is sufficient space to accommodate all those who wish to attend. Observers must agree to abide by the Observer Guidelines.
If you are attending a hearing as a witness or participant, you do not need to register in advance. A Witness/Participant List will be submitted to the Hearing Coordinator by the party who has asked you to participate during the hearing.
Before you attend a hearing: Confirm that the hearing is on schedule by checking the Upcoming Hearings Page or by contacting the Hearing Coordinator.
Members of the media: Please contact [email protected] in advance of the hearing date if you plan to attend a hearing. Advance registration is required.
Pre-Hearing Conferences FAQ Permanent link to this section
Once a hearing has been scheduled, the Superintendent of Real Estate may order a pre-hearing conference with the licensee, licence applicant, or unlicensed person, as applicable. A pre-hearing conference helps to make sure that all parties are fully prepared, and to clarify any issues so that the hearing can proceed smoothly.
The conference, which is attended by a BCFSA lawyer and led by the Superintendent, gives licensees, licence applicants, and unlicensed persons, as applicable, an opportunity to ensure they understand what will be expected of them at the hearing. Find out more about pre-hearing conferences by reviewing the following frequently asked questions.
A pre-hearing conference is a meeting held in advance of a scheduled hearing with:
- A licensee or an unlicensed person that is the subject of an investigation for alleged contraventions of the Real Estate Services Act, including its associated regulations and rules; or
- A licence applicant who has requested a qualification hearing to determine if they are suitable for licensing.
A pre-hearing conference can be used to:
- Make sure that the parties and the case are ready for the hearing;
- Clarify and/or simplify the issues so that the hearing will proceed smoothly;
- Determine if there is agreement on any of the facts or issues;
- Determine whether there are any reasons that the hearing, or parts of the hearing, may need to be closed to the public;
- Set a date for the hearing;
- Determine whether the identity of any witnesses may need to be withheld at the hearing; or
- Discuss any other issues.
Pre-hearing conferences are used by the courts and by many regulators. By giving all parties an opportunity to ensure they understand the issues and what’s expected of them, they help hearings run smoothly and proceed efficiently. They make disciplinary, enforcement, and qualification processes more effective, and less time-consuming and costly for everyone.
No. Pre-hearing conferences are opportunities for the licensee, licence applicant, or unlicensed person, as applicable, BCFSA lawyers and the Superintendent of Real Estate to discuss the upcoming hearing and the issues that will be raised at the hearing.
Pre-hearing conferences are held in advance of a scheduled hearing. Members of the public may attend disciplinary hearings, however pre-hearing conferences are not open to the public.
Licensees, licence applicants, or unlicensed persons, as applicable, and their legal representatives (if any) should arrive at the pre-hearing conference with a good understanding of the matter , the information or evidence they will present at a hearing, the arguments they will make, and the outcome they would like to achieve.
Participants can choose to attend in person, by phone, or through video conferencing. You can also choose to have your legal counsel attend in your place.
If you decide not to attend the conference, the conference can proceed in your absence.