The Ontario Real Estate Association (OREA) has written the provincial Attorney General to express concern that the Ontario Access to Justice Act (Bill 14) could result in REALTORS® being regulated by the Law Society of Upper Canada.

OREA says Schedule C of the proposed Act is designed to legislate and license the activities of so-called "paralegals" and others who provide legal services. However, one section of the proposed Act states that, "a person is subject to the Act if they do any of the following.selects, drafts, completes or revises a document that affects a person's interests or rights to or in real or personal property".

OREA says because of the wording, Ontario REALTORS® could be seen as providing legal services and therefore subject to regulation by the Law Society of Upper Canada or, at a minimum, be forced to apply to the Law Society for an exemption.

"Some members of the real estate bar have been very aggressive in interpreting the current limited exemption they enjoy (under the Real Estate Act) to allow themselves an unrestricted right to trade in real estate, whether or not it is related to their "legal" work. They want a bigger share of the fees associated with a real estate transaction," writes OREA President-elect Tim Lee. "By giving lawyers the authority to impose restrictions on what REALTORS® may or may not do, you grant them authority to reserve for themselves work currently being done by REALTORS® and the opportunity to increase their revenues. That opportunity may be too great to resist and should be removed."

In a submission to Attorney General Michael Bryant, OREA notes that REALTORS® are currently regulated by the Real Estate Council of Ontario and the Ministry of Government Services. "There is no need for a second layer of regulation. It will only cause confusion in the minds of consumers, increase red tape for real estate businesses and impose a new tax on our profession in the form of law society license fees," adds the OREA President-elect.

The new legislation is scheduled to go before a standing committee of the Ontario legislature when proceedings resume. (CREA 18/01/2006)