Back to Bills

An Act to Amend the Real Estate Agents' Licensing Act

Full Title:
An Act to Amend the Real Estate Agents' Licensing Act

Summary#

This bill updates the Northwest Territories law that licenses real estate professionals. It renames the law and adds licensing for home inspectors. It also lets the regulator set a code of conduct and standard forms that licensed people must follow and use. The goal appears to be clearer standards and consumer protection in real estate and home inspections.

Key changes:

  • Renames the Act to the Real Estate Professions’ Licensing Act.
  • Creates a new licence for home inspectors and makes it illegal to do or advertise home inspections for pay without this licence.
  • Sets basic eligibility for a home inspector licence (at least 19 years old plus required education, training, and exam to be set in rules).
  • Allows the superintendent (the regulator) to create and publish a code of conduct for agents, salespersons, property managers, and home inspectors, and requires compliance.
  • Requires use of forms approved by the superintendent for real estate trades and home inspections.
  • Adds violations for breaking the code of conduct or not using approved forms to the list of contraventions under the Act.
  • Updates the definition of “salesperson” to include property managers (people who lease/rent, advertise, manage, maintain, or collect rent for owners).
  • Expands regulation‑making powers to set qualifications and exemptions for agents, salespersons, property managers, and home inspectors.
  • Takes effect on a date set later by the Commissioner (not immediately).

What it means for you#

  • Home inspectors

    • You will need a home inspector licence to do inspections for pay or to hold yourself out as a home inspector.
    • You must be at least 19 and meet education, training, and exam requirements that will be set in rules.
    • You will have to use approved forms and follow a published code of conduct.
    • Doing inspections without a licence, breaking the code, or not using approved forms will be a contravention under the Act.
  • Property managers

    • The Act now defines “property manager,” and the definition of “salesperson” includes property managers.
    • This would likely require property managers to hold a salesperson licence and meet qualifications set in rules.
    • You must follow the code of conduct and use approved forms once in force.
  • Real estate agents and salespersons

    • You must follow the new code of conduct and use approved forms for trades.
    • Your education, training, and exam requirements may be updated by regulation.
  • Home buyers and sellers

    • Home inspections will be done only by licensed inspectors who meet set qualifications and must follow a code of conduct.
    • The code of conduct will be posted online, which could help you understand expected standards and how to raise concerns.
  • General public

    • These changes mainly affect how real estate professionals and home inspectors are licensed and regulated. Day‑to‑day effects for most people are limited unless you use these services.
  • Timing

    • The Act starts on a date set later. The new rules will not apply until then.
  • What is unclear

    • The bill repeals one section (3.1) of an existing regulation on qualifications, but its content is not provided here.
    • Specific qualification details, any exemptions, fee amounts, and transition rules will be set in regulations or by the superintendent and are not in the bill text.

Expenses#

No publicly available information.

  • Individuals seeking a home inspector licence will have to pay an application fee (amount to be set in rules) and cover training/exam costs.
  • Property managers and salespersons may face costs to meet any updated qualification requirements and to adopt approved forms.
  • The superintendent will create and publish a code of conduct and approve forms; this could add administrative costs, but no estimate is provided.

Proponents' View#

  • The bill appears intended to strengthen consumer protection by ensuring home inspections are done by qualified, licensed people.
  • Publishing a code of conduct could improve professional standards and accountability across real estate roles.
  • Mandatory approved forms may improve clarity and consistency in transactions and inspections.
  • Bringing property managers clearly within the licensing system could close gaps in oversight.
  • Setting qualifications and allowing limited exemptions by regulation could keep standards up‑to‑date and flexible.

Opponents' View#

  • One concern is added burden on small or independent home inspectors and property managers, who will face new licensing, training, and fee requirements.
  • It is unclear how the new rules will be phased in, including whether experienced inspectors or managers will be “grandfathered” or exempted for a time.
  • Leaving key details (qualifications, exemptions, forms, code content) to future regulations may create uncertainty for businesses planning compliance.
  • Licensing could reduce the number of available inspectors in the short term, which could delay inspections or raise costs for consumers, especially in smaller communities.
  • The bill adds new contraventions but does not detail enforcement steps or penalties here, which may raise questions about how breaches will be handled.