Frequently Asked Questions – New Regulation

Frequently Asked Questions – New Regulation

On November 30, 2012 several amendments to the Land Agents Licensing Regulation (Regulation) came into effect. A consolidated copy of the Regulation is available on the Queen’s Printer website.

These administrative changes were made after extensive consultations with the Land Agents Advisory Committee which also agrees with them. This committee has representation from major landowners and land agent interest groups as well as the Energy Resources Conservation Board and the Farmers’ Advocate’s office.

The changes to the Regulation and related policies will improve the professionalism of land agents, make them more accountable, enhance their training, and ensure their continuous development. Specifically, these amendments:

  • Clarify who qualifies to be a trainer and supervisor of a land agent trainee. If a trainer is a corporation, the corporation must satisfy the Registrar of Land Agents that they have the capacity to train a trainee under the supervision of one or more permanent land agent licensees. If the trainer is an individual, the individual must be a permanent land agent licensee.
  • Improve the licensing process by adding a time limit of 14 days, within which the trainer must file a performance evaluation of the trainee with the Registrar.
  • Establish a formal land agent identification card and require land agents to identify themselves by carrying such identification, producing it at the first available opportunity to landowners when negotiating for interests in land.
  • Extend the current Regulation’s expiry date to November 30, 2017 in order to allow the Land Agent Licensing Unit to continue its legislative responsibilities, and meet the Regulatory Review Secretariat’s review requirements. 

Below are some of the more common questions and answers related to the amended Regulation and associated policies. They are not official policy and may be subject to change from time to time. If you have any questions, please contact the Registrar’s office at 780‑415‑4619 or 780‑415‑4600.

Permanent Licenses

Interim Land Agent Licenses

Training Agreements

Standards of Conduct

Receipt of Proposed Agreement Form

Negotiations

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Permanent Licenses

My permanent licence is coming up for renewal. Do I need to have 14 hours of courses, seminars etc.

No. If you held your licence on November 30, 2007 you do not have to have the 14 hours of courses, seminars etc. for the next renewal of your license. However, you will be required to have the 14 hours of courses, seminars etc. for your next renewal after that.

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What courses count toward the 14 hours?

Any course, seminar or conference that will benefit you as a land agent, is organized learning, and requires registration. Weekly staff meetings would not qualify. Some general guidelines can be found on Guidelines – Qualifications for Renewal of a Permanent Land Agent License.

Service as a member on a committee or board also qualifies. For example the Land Agents Advisory Committee or any other committee that deals with land related issues.

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What happens if my licence expires and I apply for a new licence within 12 months of when it expired?

A new licence will be issued provided you meet the renewal qualification requirements that would normally be required if you were renewing your licence. A Renewal Qualification form will have to accompany your application.

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What happens if my licence expires and I apply for a new licence after 12 months from when it expired?

You will be required to write the permanent land agent exam again. If your application is made more than 36 months from when it expired you may have to first fulfill any additional qualifications set by the Registrar, which could include applying for an interim land agent licence and re-qualifying for a permanent land agent licence.

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Interim Land Agent Licenses

Do I need to have a degree or diploma before I can apply for an interim land agent licence?

No. A person only has to successfully complete 2 years of post secondary education. The two years could be from a 4 year program or a combination of programs, however you must have successfully completed the 2 years of full time study. For more information view the general guidelines on determining if you have 2 years of post secondary education.

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What is the purpose of the 2 years of post secondary education?

The purpose of the 2 years of post secondary education is to provide the Registrar a certain level of confidence that applicants for interim land agent licenses have the academic skills required to be trained as a land agent. For more information view the reasons why the post secondary education is required.

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What kind of post secondary education is acceptable?

Any post secondary education that is relevant to the activities of a land agent. This could include any post secondary education related to the oil and gas industries, agriculture, environment, law, management, business, or resource development and conservation.

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How do I prove I completed 2 years of post secondary education?

A transcript of your marks must be attached to your interim land agent application.

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Can I still apply for my interim licence if I do not have 2 years of post secondary education?

Yes. However, you must request the 2 years of post secondary education be waived and satisfy the Registrar that you have the equivalent competence and are suitable to be trained as a land agent.

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If I request a waiver of the 2 years of post secondary education, how do I satisfy the Registrar that I have the equivalent competence and am suitable to be trained as a land agent?

You must provide a detailed submission which includes your work history, education and experience. The submission should also explain why you feel you are suited to become a land agent and include at least 3 references. View general guidelines for preparing a submission for more information.

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How is my submission requesting waiver of the post secondary education assessed?

Your submission requesting waiver of the 2 years of post secondary education is assessed by a panel which makes recommendations to the Registrar.

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How long will it take before I know if the Registrar will waive the 2 year post secondary requirement?

Review of your submission could take 6 to 8 weeks.

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Can the Registrar impose conditions on a waiver of the 2 year post secondary education requirement?

Yes. If the review panel recommends a conditional waiver, you may be required to comply with these conditions before an interim land agent licence is issued to you or you may have to comply with them before a permanent land agent licence is issued. An example of a conditional waiver may be the requirement to upgrade your education or take certain courses.

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Do I have any recourse if the Registrar refuses my application?

Yes. You may file an appeal with the Minister within 30 days of the refusal. The Minister will appoint an appeal board to hear your appeal.

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Do I need a signed training agreement before I can apply for an interim land agent licence?

Yes. You must have a signed training agreement attached to your application for an interim land agent licence.

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Training Agreements

What is a training agreement?

A training agreement is a contractual agreement between an interim land agent and the corporation or individual that is going to be responsible for the training of an interim land agent to become a permanent land agent.

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Does the trainer need to be a licensed land agent?

No. The trainer can be a corporation or an individual, however the Regulation stipulates that the interim land agent must be supervised by licensed permanent land agents that have been working in the land agent field for at least the previous three years.

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Who completes the performance evaluation?

The performance evaluation is completed by the trainer or in the case of a corporation, the authorized representative. The performance evaluation is based on the comments and feedback from the permanent land agents that supervised the interim land agent.

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Will the Registrar audit the performance evaluations?

Yes. Periodically the Registrar will randomly contact the supervising land agents listed in the performance evaluation to ensure they were qualified to be supervisors, the performance evaluation is legitimate and its contents are accurate.

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Can the terms in the training agreement be changed?

Yes, provided it includes the minimum requirements outlined under section 3.1 of the Regulation.

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Is there a training agreement I can use?

Yes. A template for a training agreement can be found on the land agents licensing website under “Forms”. The template can be edited, however certain terms in the agreement should not be changed. A guideline is attached to the template.

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If the trainer and I agree in the training agreement that I should train as an interim land agent for 24 months instead of the required 12, will the Registrar renew my interim land agent licence?

Yes. If an interim land agent and a trainer agree to increase the standards to which the interim land agent will be trained, the Registrar will renew the interim land agent’s licence in order to achieve these standards.

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What happens if I switch employers and no longer have a trainer?

You must terminate your current training agreement and enter into a new training agreement with your new employer or trainer.

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How do I terminate a training agreement?

A training agreement can be terminated by either party by serving a notice on the other party with the termination date. A copy of the notice must be given to the Registrar within 7 days of the notice being served on the other party.

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What happens if the training agreement I was in is terminated and I no longer have a trainer?

Your interim land agent licence could be suspended until you have entered into a new training agreement and have given a copy to the Registrar.

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If a training agreement is terminated, how long does the trainer have to file the performance evaluation with the Registrar?

The training agreement must include an undertaking by the trainer to complete and file with the Registrar a performance evaluation of the interim land agent’s performance. The length of time the trainer has to file the performance evaluation with the Registrar depends on the terms agreed to by both parties in the training agreement. As a general policy, the performance evaluation should be completed and filed with the Registrar within 14 days of termination or the interim land agent meeting the eligibility requirements for a permanent land agent licence.

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What happens if my training agreement is terminated before I complete all the requirements for licensing?

If you did not complete all the requirements for licensing under a training agreement that has been terminated you can complete them under a new training agreement without redoing the requirements you already completed under the terminated training agreement.

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Standards of Conduct

Where do I find the standards of conduct for land agents?

The standards of conduct are found on the land agents licensing website under “Standards of Conduct”.

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Because the Standards of Conduct are no longer listed in the Regulation, can the Registrar cancel or suspend a licence for violating these standards?

Yes. The Regulation gives the Registrar the powers to establish the Standards of Conduct, therefore any violation of these standards would be a contravention of the Regulation which could result in cancellation or suspension of a licence.

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How do I know if the Standards of Conduct have been changed?

The Standards of Conduct should rarely change, however a person should periodically check the land agents licensing website for any changes.

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Receipt of Proposed Agreement Form

What is the purpose of the Receipt of Proposed Agreement form?

The Receipt of Proposed Agreement form may be used to document that the land agent complied with 17(1) of the Land Agents Licensing Act and section 7(2) of the Land Agents Licensing Regulation.

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Is the form legislated and does a land agent have to use it?

No. The form is not legislated and a land agent does not have to use it. However, it is recommended that a land agent use the form and place it on their file for future reference.

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The form looks similar to the “Statement by Land Agent Acting as Commissioner for Oaths” found in Schedule 3 of the Regulation. Why don’t I just use this form?

Schedule 3 is used when the land agent commissions Schedule 2, which is the “Waiver of Application of Section 17(2) of the Act” form. Not all landowners will waive section 17(2) of the Act therefore Schedule 3 is not always required. Also, Schedule 3 does not include any statements that show that the land agent offered to explain the proposed terms of an agreement as required under section 7(2) of the Regulation.

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Negotiations

Why do I have to complete 25 negotiations before the Registrar will consider my application for a permanent land agent licence?

The Regulation states that an interim land agent must carry out the number of negotiations required by the Registrar before the interim land agent can apply for a permanent land agent licence. The Registrar has set the required number of negotiations at 25.

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Can I start doing negotiations on my own as soon as I get my interim land agent licence?

No. A qualified permanent land agent must be present and observe your performance on the very first 5 negotiations you conduct. If the permanent land agent feels you are capable of conducting some negotiations on your own after observing you on your first 5, then you may conduct some negotiations without a permanent land agent present. These negotiations must still be reviewed by a qualified permanent land agent who must provide you with feedback and guidance.

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How many negotiations must be observed by a qualified permanent land agent?

The more negotiations observed by a qualified permanent land agent will provide for better training and assessment of your performance. However, you must carry out a least 10 negotiations with a qualified permanent land agent present and at least 15 other negotiations before the Registrar will consider your application for a permanent land agent licence.

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What type of negotiations count toward the 25 required negotiations?

If the negotiation is with an owner and for an interest in land as these terms are defined in the Act, then it would count toward the 25 required negotiations. As a rule of thumb, any negotiation that meets the following criteria would require a licensed land agent to conduct:

  1. It must be for an interest in land,
  2. It must be for a right of way or surface use, and
  3. It must be of a kind that, in the absence of an agreement, could be taken without the owner's consent (i.e. right of entry or expropriation).

If the negotiation doesnt meet any one or more of a, b, and c above, then a land agent is not required to conduct the negotiation and it would not count toward the 25.

Created:
Modified: 2008-07-14
PID: 6240