HUMBER REAL ESTATE - COURSE 1,
MODULE 7: INTRODUCING OTHER
RELEVANT LEGISLATION &
REGULATIONS
- Date and time of the request
- Consumer's name and contact information
- Applicable 10-digit phone number(s) - Correct Answers -A brokerage, as a
telemarketer, must register with the National Do Not Call List (DNCL) but also maintain
an internal do not call list. What should the internal do not call list contain?
A minimum of 3 years - Correct Answers -How long must numbers recorded on the
internal Do Not Call List be kept?
If the person ...
- Made an inquiry within the last six months
- Purchased, leased or rented a property through the brokerage in the past 18 months
- Had a written agreement with the brokerage (i.e. a representation agreement that is
still in effect or expired within the past 18 months) - Correct Answers -In what situations
can an exception be made to the DNCL?
Both - Correct Answers -Before calling someone, should you reference the National Do
Not Call List or the Internal Do Not Call List?
No. It's not a salesperson's responsibility. Add them instead to the Internal DNCL. -
Correct Answers -If someone doesn't want to be called anymore, should you add them
to the National Do Not Call List?
To help create a safer and more secure online environment by setting requirements for
sending commercial electronic messages (CEMs). - Correct Answers -What is the goal
of Canada's Anti-Spam Legislation (CASL)?
,Any electronic message that encourages participation in a commercial activity
regardless of whether there is an expectation of profit. - Correct Answers -What is the
definition of a 'Commercial Electronic Message'?
Yes - Correct Answers -Do direct messages sent to people via social media count as
CEMs?
- Social media feeds (i.e. Twitter & Facebook wall posts)
- Websites / blogs
- Two-way voice communication between individuals
- Faxes and voice recordings sent to a telephone account (however salespersons
should be aware of names on the National DNCL) - Correct Answers -What does the
Canadian Anti-Spam Legislation (CASL) not apply to?
- Obtain consent from the recipient
- Identify yourself (full contact details including address)
- Provide a means for the recipient to withdraw consent - Correct Answers -What are
the requirements to sending a Commercial Email Message (CEM)?
The recipient has opted in through an online or physical sign-up form (such as a
newsletter, by phone, at the point of purchase or by responding to a contest). - Correct
Answers -What is 'Express Consent' when referring to CEMs?
No. Oral consent is acceptable but you may be asked to prove consent later. - Correct
Answers -Can express consent be obtained in writing only?
No. Consent must be obtained through an opt-in mechanism rather than an opt-out
mechanism. A pre-checked box for consent is not permitted as this would assume
consent where it was not intended. - Correct Answers -Can you use a check-box that is
pre-checked to obtain consent to send CEMs?
Not until the recipient withdraws their consent. - Correct Answers -How long after
express consent is granted does it expire?
Based on the brokerage or salesperson having a prior relationship with the recipient. -
Correct Answers -What is 'Implied Consent' in relation to CEMs?
- You or the brokerage have an existing business relationship with the recipient for the
last 2 years
- A recipient made an enquiry within the last 6 months
- You have an existing non-business relationship with the recipient for the last 2 years
(i.e. fellow members of a club, organization, etc.)
- The recipient of a CEM has conspicuously published their email address online (on a
website) or has disclosed their email address (i.e. via distribution of a business card)
AND the content of the message relates to the recipient's role in an official business
, capacity, and the recipient did not state implicitly that they did not want to receive CEMs
at that address - Correct Answers -When is it okay to send CEMs using implied consent
by the recipient?
- The referral must have been made by an individual who has an existing business
relationship, non-business relationship, family relationship or personal relationship
w/both the sender and recipient
- The full name of the person making the referral and a statement that the CEM is being
sent as a result of the referral must be included in the CEM
- The CEM must contain the sender's identification information and an unsubscribe
mechanism
- You may only send 1 CEM. Any further CEMs will require consent from the recipient. -
Correct Answers -What conditions must be met to send a CEM to a referral?
- Identification of registrant
- Identification of individuals
- Identification of brokerage
- Description of registrant
* Same rules as advertising - Correct Answers -What sender information must be
included in a CEM?
A federal statute that aims to protect fair competition and efficiency in the Canadian
marketplace and protect consumers against anti-competitive activities. - Correct
Answers -Define the 'Competition Act'
- Misleading advertising
- Conspiracies
- Price maintenance
- Bid-rigging - Correct Answers -What does the Competition Act prohibit?
Unlawful agreements between competitors to fix or increase prices, manipulate markets
or in some way control output. (i.e. agreements to establish commission or other fees or
amounts paid to co-operating brokerages). - Correct Answers -According to the
Competition Act, what is a 'Conspiracy'?
Involves a person attempting to influence prices either in an upward direction or by
discouraging individuals who are offering lower prices. Also can be where a
salespersons refuses to negotiate or deal with a competitor because of that competitor's
pricing policy, commission structure or business model. (i.e. A salesperson does not
show listings of another brokerage that only offers $1 commission to the co-operating
brokerage. Under the Code of Ethics, registrants MUST inform clients and customers of
all properties that meet their search criteria, regardless of the amount of commission
offered by the listing brokerage. - Correct Answers -According to the Competition Act,
what is a 'Price Maintenance'?
MODULE 7: INTRODUCING OTHER
RELEVANT LEGISLATION &
REGULATIONS
- Date and time of the request
- Consumer's name and contact information
- Applicable 10-digit phone number(s) - Correct Answers -A brokerage, as a
telemarketer, must register with the National Do Not Call List (DNCL) but also maintain
an internal do not call list. What should the internal do not call list contain?
A minimum of 3 years - Correct Answers -How long must numbers recorded on the
internal Do Not Call List be kept?
If the person ...
- Made an inquiry within the last six months
- Purchased, leased or rented a property through the brokerage in the past 18 months
- Had a written agreement with the brokerage (i.e. a representation agreement that is
still in effect or expired within the past 18 months) - Correct Answers -In what situations
can an exception be made to the DNCL?
Both - Correct Answers -Before calling someone, should you reference the National Do
Not Call List or the Internal Do Not Call List?
No. It's not a salesperson's responsibility. Add them instead to the Internal DNCL. -
Correct Answers -If someone doesn't want to be called anymore, should you add them
to the National Do Not Call List?
To help create a safer and more secure online environment by setting requirements for
sending commercial electronic messages (CEMs). - Correct Answers -What is the goal
of Canada's Anti-Spam Legislation (CASL)?
,Any electronic message that encourages participation in a commercial activity
regardless of whether there is an expectation of profit. - Correct Answers -What is the
definition of a 'Commercial Electronic Message'?
Yes - Correct Answers -Do direct messages sent to people via social media count as
CEMs?
- Social media feeds (i.e. Twitter & Facebook wall posts)
- Websites / blogs
- Two-way voice communication between individuals
- Faxes and voice recordings sent to a telephone account (however salespersons
should be aware of names on the National DNCL) - Correct Answers -What does the
Canadian Anti-Spam Legislation (CASL) not apply to?
- Obtain consent from the recipient
- Identify yourself (full contact details including address)
- Provide a means for the recipient to withdraw consent - Correct Answers -What are
the requirements to sending a Commercial Email Message (CEM)?
The recipient has opted in through an online or physical sign-up form (such as a
newsletter, by phone, at the point of purchase or by responding to a contest). - Correct
Answers -What is 'Express Consent' when referring to CEMs?
No. Oral consent is acceptable but you may be asked to prove consent later. - Correct
Answers -Can express consent be obtained in writing only?
No. Consent must be obtained through an opt-in mechanism rather than an opt-out
mechanism. A pre-checked box for consent is not permitted as this would assume
consent where it was not intended. - Correct Answers -Can you use a check-box that is
pre-checked to obtain consent to send CEMs?
Not until the recipient withdraws their consent. - Correct Answers -How long after
express consent is granted does it expire?
Based on the brokerage or salesperson having a prior relationship with the recipient. -
Correct Answers -What is 'Implied Consent' in relation to CEMs?
- You or the brokerage have an existing business relationship with the recipient for the
last 2 years
- A recipient made an enquiry within the last 6 months
- You have an existing non-business relationship with the recipient for the last 2 years
(i.e. fellow members of a club, organization, etc.)
- The recipient of a CEM has conspicuously published their email address online (on a
website) or has disclosed their email address (i.e. via distribution of a business card)
AND the content of the message relates to the recipient's role in an official business
, capacity, and the recipient did not state implicitly that they did not want to receive CEMs
at that address - Correct Answers -When is it okay to send CEMs using implied consent
by the recipient?
- The referral must have been made by an individual who has an existing business
relationship, non-business relationship, family relationship or personal relationship
w/both the sender and recipient
- The full name of the person making the referral and a statement that the CEM is being
sent as a result of the referral must be included in the CEM
- The CEM must contain the sender's identification information and an unsubscribe
mechanism
- You may only send 1 CEM. Any further CEMs will require consent from the recipient. -
Correct Answers -What conditions must be met to send a CEM to a referral?
- Identification of registrant
- Identification of individuals
- Identification of brokerage
- Description of registrant
* Same rules as advertising - Correct Answers -What sender information must be
included in a CEM?
A federal statute that aims to protect fair competition and efficiency in the Canadian
marketplace and protect consumers against anti-competitive activities. - Correct
Answers -Define the 'Competition Act'
- Misleading advertising
- Conspiracies
- Price maintenance
- Bid-rigging - Correct Answers -What does the Competition Act prohibit?
Unlawful agreements between competitors to fix or increase prices, manipulate markets
or in some way control output. (i.e. agreements to establish commission or other fees or
amounts paid to co-operating brokerages). - Correct Answers -According to the
Competition Act, what is a 'Conspiracy'?
Involves a person attempting to influence prices either in an upward direction or by
discouraging individuals who are offering lower prices. Also can be where a
salespersons refuses to negotiate or deal with a competitor because of that competitor's
pricing policy, commission structure or business model. (i.e. A salesperson does not
show listings of another brokerage that only offers $1 commission to the co-operating
brokerage. Under the Code of Ethics, registrants MUST inform clients and customers of
all properties that meet their search criteria, regardless of the amount of commission
offered by the listing brokerage. - Correct Answers -According to the Competition Act,
what is a 'Price Maintenance'?
