real estate exemption regulation

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Alberta Regulation 111/1996

With amendments up to and including Alberta Regulation 198/2021

Current as of December 1, 2021

REAL ESTATE ACT

REAL ESTATE

EXEMPTION REGULATION

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Note

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reference only. The official Statutes and Regulations should be consulted for all

purposes of interpreting and applying the law.

(Consolidated up to 198/2021)

ALBERTA REGULATION 111/96

Real Estate Act

REAL ESTATE EXEMPTION REGULATION

Definitions

1 In this Regulation,

(a) “Act” means the Real Estate Act;

(a.1) “Administrator” means a person appointed by the court as

an administrator under section 58 of the Condominium

Property Act;

(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;

(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

(ii) a management body;

(d) “subsidized residential premises” means residential

premises rented to a tenant of low income who pays rent

(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

(ii) that is determined by the tenant’s income.

AR 111/1996 s1;198/2021

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:

Section 2 AR 111/96

REAL ESTATE EXEMPTION REGULATION

(a) an on-site manager who, on behalf of a real estate broker

or an owner of residential property,

(i) maintains residential property,

(ii) collects rent on behalf of the broker or owner in

respect of residential property,

(iii) shows residential property to prospective tenants, or

(iv) receives applications in respect of residential

property from prospective tenants,

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;

(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;

member of the organization, with respect to its or his

(i) leasing or renting of subsidized residential premises,

(ii) collecting or offering or attempting to collect money

payable as

(A) rent for the use of subsidized residential

premises, or

(B) contributions for the control, management or

administration of subsidized residential

premises,

(iii) acting, advertising, conducting or negotiating directly

or indirectly in furtherance of any activity referred to

in subclauses (i) and (ii)

on behalf of the owner or other person in charge of the

subsidized residential premises.

(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:

(a) a corporation, in respect of mortgages given to it in

conjunction with a scheme or arrangement to provide

Section 3 AR 111/96

REAL ESTATE EXEMPTION REGULATION

housing for its own employees or the employees of a

parent, subsidiary or affiliated corporation;

(b)-(e) repealed AR 132/2008 s3;

(f) Agriculture Financial Services Corporation.

(3) The following persons are exempt from the Act as it relates to

acting as a real estate appraiser:

(a) repealed AR 132/2008 s3;

(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).

(4) Where all the condominium units of a condominium

corporation are owned by the same person, group of persons or

entity, the provision of condominium management services to

that condominium corporation is exempt from the provisions of

the Act.

(5) Where the only condominium management service engaged

in is collecting, or offering or attempting to collect, on behalf of

the condominium corporation, money payable as

(a) rent for the use of corporation-owned units or property, or

(b) contributions levied by the condominium corporation or

other amounts levied by or due to the corporation under

the Condominium Property Act,

the provision of that condominium management service is

exempt from the provisions of the Act.

(6) An Administrator is exempt from the Act as it relates to the

provision of condominium management services.

AR 111/96 s2;80/2001;205/2004;132/2008;198/2021

2.1 Repealed AR 198/2021 s4.

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, 2028.

AR 111/96 s3;80/2001;60/2006;132/2008;34/2018;198/2021

Section 4 AR 111/96

REAL ESTATE EXEMPTION REGULATION

Coming into force

4 This Regulation comes into force on July 1, 1996.

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