Real Estate Errors & Omissions Insurance Legal Update Course Policies


I. INTERPRETATION

1.01 Definitions

The following words and phases shall have the following meanings:

"BCREA" means the British Columbia Real Estate Association, representing the 11 member provincial real estate boards, and having an office at 1425 – 1075 Georgia Street West, Vancouver, BC, V6E 3C9

"Child/Children" means a person or persons under the age of 18 who is not enrolled in RECBC’s course.

"Classroom component" means the in-person component hosted by approved providers. This component is instructor-led and follows the online component.

"Course Completion" means completing the online component and the classroom component (However, course must be completed 30 days prior to licence expiry date in order to satisfy PDP and/or REP requirements.)

"Course" means the Legal Update course which consists of two components. The ‘course’ includes both an online component and a classroom component.

"Course start" means the date a licensee receives access to the online component.

"Manager" means the British Columbia Real Estate Association Education Manager responsible for the overall Real Estate Errors & Omissions Insurance Legal Update course.

"Distance-based model" means the classroom component can be delivered using a synchronous remote delivery online platform such as Adobe Connect, Zoom and other.

"Enrollment" means when a licensee registers for the ‘course’ and pays the full course fee.

"Member Board" means the eleven-member boards which are members of BCREA. Each member board offers education to its members known as REALTORS®.

"Online component" means the first component of the course which is hosted online by the UBC Sauder School of Business Real Estate Division. This component is fully asynchronous and must be completed prior to attending the classroom component.

"PDP" means the Professional Development Program which is overseen by BCREA and the eleven-member boards.

"Provider" means one of the eleven-member boards or an alternative venue approved by BCREA. Providers include member boards, and other appropriate venues.

"Real Estate Council of British Columbia" (RECBC) means the regulatory body established by the Real Estate Services Act with an office at 900-750 West Pender Street, Vancouver, BC, V6C 2T8

"Real Estate Division" means a division of the Sauder School of Business at The University of British Columbia

"REP" means the Relicensing Education Program which is overseen by the Real Estate Council of BC. Licensees must fulfill their REP requirements by completing a version of Legal Update (commercial, residential, strata and / or property management) within their 2-year licensing cycle.

1.02 Miscellaneous

(1) Where the context requires it, the masculine shall include the feminine and vice-versa and the singular shall include the plural and vice-versa.

(2) Regulations and course fees may change from time to time without notice.

(3) These regulations are also posted on BCREA’s website. In case of conflict, the posted version is considered to be the official version.


II. ENROLLMENT, WITHDRAWALS, AND TRANSFER REQUESTS

2.01 Enrollment

(1) ENROLLMENT for the Legal Update courses, residential and commercial, is found on BCREA’s website at https://rep.bcrea.ca. Admission and enrollment requirements are under the sole jurisdiction of BCREA.

(2) The COURSE FEE must be paid in full at the time of enrollment. The course fee includes all course materials.

(3) A LICENSEE can enroll in the "Course" ninety (90) days prior to the scheduled classroom component. A licensee can enroll in the "Course" no later than nine (9) business days (four (4) days online + five (5) days for preparation and administration) prior to the classroom component.

January 2018
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Licensee enrolls and pays course fee

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Course Starts

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Last possible day for enrollment to attend the classroom component on Feb. 12th

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Licensee has fulfilled the relicensing requirements

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2.02 Withdrawal

(1) Requests to withdraw from the Legal Update "Course" must be made in writing and emailed to [email protected]. If a withdrawal request from the "Course" is made more than 10 business days prior to the course start date, BCREA will refund fees paid for the "Course" less a $25 administrative fee. BCREA will only issue refunds to the original credit card used during enrollment and require approximately 2 weeks for processing.

(2) NO REFUND is available where the request to withdraw is received on or after 12 calendar days prior to the course start date.

2.03 Transfer requests

(1) Requests to transfer from one instance of the Legal Update "Course" to another must be made in writing and emailed to [email protected].

(2) Requests made more than twelve (12) calendar days prior to the "Course" start date will be subject to a transfer fee of $25. The $25 fee is applicable for each transfer request made.

(3) Transfer requests made less than twelve (12) calendar days prior to the "Course" start date and more than eleven (11) calendar days prior to the "Classroom Component" date will be subject to an administrative fee of 50% ($137.50) of the course fee.

(4) Transfer requests made eleven (11) calendar days or less prior to the "Classroom Component" date will be subject to an administrative fee of 100% ($275.00) of the course fee.

(5) All fees must be paid directly to British Columbia Real Estate Association (BCREA).

(6) You must attend the "Classroom Component" within 60 days of successfully completing the "Online Component".


III. NUMBER OF ATTEMPTS, AND ASSESSMENT

3.01 Number of attempts

(1) A licensee can attempt to complete the online component within the designated timeframes to a maximum of three times in any licensing cycle. If a licensee is unsuccessful in completing the online component after the third attempt, the Real Estate Council of BC will be contacted. Licence renewal could be delayed.

(2) A licensee has an unlimited number of attempts to complete the end of module quizzes, but is limited to three attempts to enroll and complete the online component.

3.02 Assessment

(1) ASSESSMENT Licensees are required to achieve a minimum of 70 % on all end of module quizzes in the online component. If a licensee does not complete or achieve 70 % on all end of module Assessments, he / she will be required to redo the online component.

(2) Licensees are required to respond to the PRE- and POST-REFLECTION QUESTIONS and review PRE-CLASSROOM assignments.

(3) If a licensee does not complete all REQUIRED ASSESSMENTS, he / she will not complete and pass the online component. The licensee will not proceed to the classroom component.

(4) BCREA has the sole discretion and is the final authority over all matters concerning the validity of assignments, assessment scores and completion status.


IV. DISTANCE-BASED CLASSROOM COMPONENT

4.01 Distance-based offerings

(1) The distance-based model allows learners to attend the classroom component remotely. The synchronous remote delivery online platform can be provided by BCREA, RECBC and / or member boards/providers.

(2) The distance-based model can be used when access to the classroom component is challenging due to weather conditions; specialty offerings e.g. commercial, managing brokers; and / or disabilities prohibit access to the classroom.

(3) The distance based session requires you to be actively participating verbally and have a camera on at all times. We request kindly that you be in a stationary space at your home or office with no background noise and/or distractions. Due to safety and engagement concerns, driving while doing the course is strictly prohibited. You might be asked to reschedule the course by failing to comply with any of the above.


V. GENERAL COURSE REGULATIONS

5.01 Change of Profile (Address, Email Address, Phone Number), Name and Correspondence

(1) Learners are responsible for contacting BCREA with any change to their address, email address or phone number by notifying BCREA in writing. Correspondence will be sent to the latest address on record.

(2) Correspondence must be forwarded to BCREA under a separate cover from any course work.

5.02 Discretion of the Manager

(1) Notwithstanding anything contained in these Regulations to the contrary, where a learner alleges that he or she has been unfairly prejudiced by the application of these Regulations, an application in writing may be made to the Manager for relief. The Manager may take such action on such terms as the Manager sees fit.

5.03 Payment Policy

(1) Accepted methods of payment are American Express, Mastercard and VISA.

5.04 Freedom of Information and Protection of Privacy

(1) Collection, use, disclosure and retention of information must comply with the provisions of the Freedom of Information and Protection of Privacy Act. Collected personal information will only be used by authorized BCREA staff to fulfill the purpose for which it was originally collected or for a use consistent with that purpose. A use consistent with the purpose of collection includes the sharing of \ course marks and personal information with the appropriate professional association and/or regulatory authority (e.g., BCREA and the Real Estate Council of British Columbia).

5.05 Accommodation for Learners with Disabilities Services

(1) Learners who require additional assistance must contact BCREA to make arrangements for course completion.

5.06 Appropriate Use of Educational Materials

(1) While a great deal of care is taken to provide accurate and current information in courses, neither BCREA, its staff, or consultants assume responsibility for any use or reliance beyond the course's operation. The course materials are prepared for educational purposes with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice. The general principles and conclusions presented are subject to local, provincial, and federal laws and regulations, court cases, and any revisions of the same.

5.07 Permission to bring a child or children on classroom sessions

(1) RECBC is committed to provide an environment conducive to work and learning to all staff and learners, as well as providing a healthy and safe environment. Children are not permitted in classroom sessions due to several factors such as: the safety and wellbeing of all persons in the classroom session, including children; the nature of the subject being covered (i.e. content); and the likely impact on the ability to teach, work or learn effectivity . Requests will be considered sympathetically and within the framework of this policy. RECBC will facilitate alternative arrangements when a request is made.


VI. ACADEMIC MISCONDUCT, LEARNER DISCIPLINE AND SUSPENSIONS

The British Columbia Real Estate Association (BCREA) is committed to ensuring that all licensees are able to study and work in an environment of tolerance and mutual respect that is free from harassment and discrimination. When communicating with instructors or other licensees, it is expected that licensees conduct themselves in a manner that is consistent with these principles. Licensees are responsible for informing themselves of the guidelines of acceptable and non-acceptable conduct for assignments for specific courses and of the examples of academic misconducts set out below. Licensees who contravene these principles or the Policies are subject to academic discipline. All licensees are expected to behave as honest and responsible members of the academic community. Failure to follow the appropriate policies, principles, rules and guidelines as outlined in these Policies may result in disciplinary action by BCREA or RECBC Academic misconduct that is subject to disciplinary measures includes, but is not limited to, engaging in, attempting to engage in, or assisting others to engage in the following:

a) assignment copying/plagiarism

b) cheating and/or misconduct;

c) falsifying any material subject to academic evaluation;

d) impersonating a licensee or availing oneself of the results of an impersonation;

e) submitting false records or information, orally or in writing, or failing to provide relevant information when requested;

f) falsifying or submitting false documents, transcripts, or other academic credentials;

g) falsifying any material subject to academic evaluation; OR

h) failing to comply with any disciplinary measure imposed for academic misconduct.

Disciplinary measures which may be imposed, singly or in combination, for academic misconduct include, but are not limited to:

a) a reprimand, with the letter placed in the licensee’s file with BCREA and / or RECBC;

b) a copy of the reprimand letter being forwarded to the Real Estate Council of British Columbia;

c) providing restitution in the case of damage to, or removal or unauthorized use of, property;

d) an I-Incomplete in the component (s) in which the misconduct occurred.

When BCREA suspects that a licensee has committed academic misconduct, BCREA will investigate the incident and give the licensee the opportunity to discuss the suspected academic misconduct. BCREA shall be entitled to make the determination on this conduct having provided a reasonable opportunity to the licensee to provide their comments on the potential finding of academic misconduct. Assignment of grades is a matter of academic merit and BCREA may re-evaluate the academic merit of the licensee’s work in issue taking into consideration the results and the discussion with the licensee in which case BCREA may 1) require the licensee to redo work of issue or to do supplementary work; 2) assign an I-Incomplete for the work; or 3) have the learner submit their position in writing to the Manager of Education (the "Manager"). When a licensee admits having committed the suspected academic misconduct, the Manager may investigate further before dealing with the matter. The licensee will be given the opportunity to meet with the Manager to discuss and explain any extenuating circumstances relating to the academic misconduct. When a licensee denies having committed the suspected academic misconduct, the Manager will investigate further. If the investigation reveals academic misconduct by the licensee in the determination of the Manager, the Manager will make a final determination on penalty. The Manager will set out written reasons for the determination of the penalty and provide the written reasons to the licensee. Notwithstanding anything contained in these Policies to the contrary, where a licensee alleges that he or she has been unfairly prejudiced by the application of these Policies, an application in writing may be made to the Manager for relief. The Manager may take such action on such terms as the Manager sees fit. 6.01 Disclosure of Materials Course materials are both proprietary intellectual property owned by the RECBC as well as sensitive academic materials and shall be dealt with accordingly by licensees. Licensees shall not disclose or discuss the content of the end of module quizzes contained in the online component with anyone, and will not record, disclose, discuss, publish, reproduce or transmit any quizzes, or end of Module quizzes contained in the online component, including but not limited to, questions, answers or topics, in whole or in part, in any form or by any means whatsoever (in variety of means, including, but not limited to orally, text messaging, Facebook, Twitter, email and blogging; Internet "chat room", message board, forum; or otherwise) at any time. Any licensee found to have disclosed any end of module quiz content in the online component, including but not limited to questions, answers or topics, in whole or in part, by any means whatsoever may be subject to disciplinary action as well as civil or criminal prosecution in the event such legal remedies are available to the BCREA. A licensee may be subject to consequences that may include, but are not limited to, the following:

a) invalidation of Assessment results;

b) a reprimand, with the letter placed in the licensee’s file;

c) a copy of the reprimand letter being forwarded to the Real Estate Council for any further disciplinary action it deems necessary.

d) lawsuits that may result in paying monetary damages or other court enforced penalties; and/or

e) criminal penalties;

5.02 Copying, Plagiarism or Falsification Policy

Licensees shall not copy, plagiarize, falsify any material subject to academic evaluation; impersonate a licensee or avail oneself of the results of an impersonation; submit false records or information, orally or in writing, or fail to provide relevant information when requested while completing the Legal Update Course. All quizzes, activities, assessment, reflection assignments, and/or other course related assignments must be original licensee work.

Any licensee found to have copied, plagiarized, falsified any material subject to academic evaluation; impersonated a licensee or availed oneself of the results of an impersonation; submitted false records or information, orally or in writing, or failed to provide relevant information when requested while completing assignments in whole or in part, by any means whatsoever may be subject to criminal prosecution. In addition, a licensee may be subject to consequences that may include, but are not limited to, the following:

a) invalidation of Assessment results;

b) a reprimand, with the letter placed in the licensee’s file;

c) a copy of the reprimand letter being forwarded to the Real Estate Council for any further disciplinary action it deems necessary;

d) lawsuits that may result in paying monetary damages or other court enforced penalties; and/or

e) criminal penalties;

5.03 Failure to comply with Legal Update Course Policies

Licensees failing to comply with any of the Legal Update Course Policies may, at the discretion of the Manager, be subject to penalties which may include, but are not limited to, any or all of the following:

a) a reprimand, with the letter placed in the licensee’s file;

b) a copy of the reprimand letter being forwarded to the Council for further disciplinary action it deems necessary;

c) providing restitution in the case of damage to, or removal or unauthorized use of, property.

5.04 Appeal Procedure

1. Where a licensee receives a disciplinary letter, a written appeal of the decision may be made to the Appeals Committee.

2. The licensee must give a full explanation of the grounds for the appeal. The Appeals Committee must receive the notification of appeal within 14 days of the date of the Manager’s letter to the licensee informing the licensee of a disciplinary decision. The Appeals Committee may extend this time limit, if in the Appeals Committee opinion, circumstances warrant. The Appeals Committee is an appellate body and does not rehear matters. A licensee may appeal a decision of the Manager on one of more of the following grounds:

a) The Manager incorrectly determined that the conduct of the licensee, either admitted or as found by the Manager, constitutes misconduct or the Manager incorrectly applied a policy or procedure.

b) The licensee has material evidence that was not reasonably available at the time of the Manager’s determination.

c) There was a breach or unfair application of procedure prior to the Manager’s review that was raised with the Manager but not adequately remedied by the Manager.

d) The procedure followed by the Manager was unfair or operated unfairly, in that there was bias or an unfairly applied or breached, or that the Manager gave insufficient reasons for his or her decision.

e) The Manager erred in the Manager’s assessment of the evidence in the Manager’s decision including factual inferences made by the Manager, or the credibility of the licensee or other witnesses. and/or

f) The Discipline imposed by the Manager was excessive.

3. The Appeal Committee reviews the decision on one of the grounds enumerated in the paragraph using the appropriate standard as follows:

a) Where the appeal is under paragraph 2(a), the appropriate standard of review is correctness. The Appeal Committee may reverse or vary the Manager’s decision or substitute its own decision if it disagrees with the Manager’s determination or application of a policy or procedure.

b) Where the appeal is under paragraph 2(b), and the Appeal Committee is satisfied that the material evidence was not reasonably available at the time of the Manager’s decision and there is substantial likelihood that it would affect the outcome, the Appeal Committee will send the matter back to the Manager for rehearing.

c) Where the appeal is under paragraph 2(c) or paragraphs 2(d), the appropriate standard of review is whether a reasonable person, knowledgeable about the facts, would perceive the process at or before the Manager to be unfair. If the Appeal Committee finds this to be the case, it will refer the matter back to the Manager for rehearing, or with the consent of the licensee, reverse or vary the Manager’s decision or substitute its own decision.

d) Where the appeal is under paragraph 2(e), the appropriate standard of review is reasonableness. The Appeal Committee may reverse or vary the Manager’s decision or substitute its own decision only if the assessment of the evidence in the Manager’s decision, including any factual inferences made by the Manager or the credibility of the licensee or other witnesses, is unreasonable

e) Where the appeal is under paragraph 2(f), the appropriate standard of review is reasonableness. The Appeal committee may reverse or vary the Manager’s decision or substitute its own decision only if the exercise of the Manager’s discretion with respect to the academic discipline imposed is unreasonable.

f) If the appeal committee does not overturn the suspension, the learner is responsible for all costs related to the appeal process. If the appeal committee overturns the decision, the Legal Update Course absorbs the costs of the appeal process.

Appeals Committee – Legal Update Course
British Columbia Real Estate Association
Suite 1425, 1075 West Georgia Street
Vancouver, BC V6E 3C9

DISCLAIMER

The British Columbia Real Estate Association reserves the right to amend course schedules, course availability, fees, content, policies, manual and other reference materials without notice at its sole and absolute discretion. Licensees may be required at any time to incur expenses such as travel and accommodation expenses in relation to the course, whether the course schedule is amended or not, and those expenses shall be the sole responsibility of the licensee.