Licensing of Land Agents

Licensing of Land Agents

A person must hold a subsisting licence if that person engages in activities of a land agent, advertises the person or holds the person out as a land agent, or acts in a manner that creates or induces in the mind of any reasonable person the belief that the person is authorized to act as a land agent. A land agent is a person who negotiates for or acquires an interest in land on behalf of the person’s employer, as an agent on behalf of another person, or on the person’s own behalf.

Interest in land means an estate or interest in land that is acquired for the purpose of a right of way or other surface use, and is a kind that may be acquired; by a right of entry order under the Surface Rights Act or part 4 of the Metis Settlements Act, under section 6 of the Metis Settlements Land Protection Act, by an expropriation as defined in the Expropriation Act, or pursuant to any other Act of Alberta that provides for the expropriation of land.

An owner is a person who has a right to dispose of an interest in land and includes; a person registered in the land titles office as the owner of an estate in fee simple in the surface of land, a person who is shown by the records of the land titles office as having a particular estate or interest in the surface of land, a person registered in the Metis Settlement Land Registry as the owner of Metis title, provisional Metis title, an allotment or any other interest in the surface of the land, a person who is in possession or occupation of the surface of land, and in the case of Crown land, a person shown on the records of the Department administering the land as having an estate or interest in the surface of the land. For the purposes of the Land Agents Licensing Act (“the Act”), the Crown is not included as an owner of land.

There are two classes of licences issued under the Act:

Interim Land Agent Licence

An interim licence is issued for a one year period and its purpose is to allow a person to be trained and evaluated by a supervising land agent before the person acquires a permanent land agent licence. Interim licenses may be renewed for additional 1 year periods if there are justifiable reasons for renewal.

A person may apply for an interim land agent licence if the person has attained the age of 18 years, pays the fee set out in Schedule 1 of the Land Agents Licensing Regulation, and has satisfactorily completed an examination prescribed by the Registrar. The person must also file with the Registrar a training agreement and provide proof that the person has completed at least 2 years of post-secondary education that is relevant to the activities of a land agent.

If an interim land agent successfully completes the articling period and the interim land agent’s trainer recommends the interim land agent obtain a permanent land agent licence, the interim land agent may apply for a permanent land agent licence.

An interim land agent may only apply for a permanent land agent licence if the interim land agent has paid the required fee, met all the requirements and has worked for a period of at least 12 consecutive months under the supervision of a permanent licenced land agent. The interim land agent’s trainer must also file with the Registrar a performance evaluation in the form prescribed by the regulation that is completed by the trainer and indicates that the person has met the requirements set out in the form. The Registrar may waive the requirement that the 12 month articling period be consecutive, if the Registrar is of the opinion, that the circumstances warrant it.

Permanent Land Agent Licence

If the application for a permanent land agent licence and the performance evaluation are acceptable to the Deputy Registrar or the Registrar, the applicant has to successfully complete an examination prescribed by the Registrar before a permanent land agent licence is issued.

A permanent land agent licence expires 2 years after the date of issue and may be renewed if an application for renewal and the required fee is received by the Land Agents Licensing Administration Unit before the expiry date on the licence.

To qualify for renewal, a permanent land agent licensee must have spent at least 14 hours attending courses, seminars or conferences, or served on a committee or board that carries out activities relevant to land agent work.

If a permanent land agent licence expires without being renewed, the holder of that licence may on payment of the required fee, apply for a new permanent land agent licence even though the person may not be the holder of an interim licence.

When an application for a new licence is made more than 12 months after the old licence expires, a person is not entitled to a new licence until the person successfully completes an examination prescribed by the Registrar. (See How to Obtain A Land Agent Licence.)

When an application for a new license is made more than 36 months after the old licence expires, a person may be required to fulfill additional requirements in addition to successfully completing an examination prescribed by the Registrar.

Created:
Modified: 2014-02-05
PID: 256