Pursuant to the Administrative Agreement, this Code establishes policy and practices regarding Records in the custody and control of RECO, including that:
This Code applies to Records, including of Personal Information, which is collected, used or disclosed by RECO in the course of RECO’s administration of TRESA.
Access: means access by an individual or an organization to a record of information in the custody of RECO and under the control of RECO.
Act or TRESA: means the Trust in Real Estate Services Act 2002 (TRESA) and the regulations thereunder, as amended from time to time.
Administrative Agreement: means the agreement between the Queen in the Right of Ontario as represented by the Minister of Government and Consumer Services and RECO, as amended from time to time.
Administration of the Act: means the exercise of powers and duties assigned under the Act and/or SCSAA, and includes any activity related to an obligation under the Administrative Agreement.
Bulk Data: means Records requested in bulk or selective form that do not contain Personal Information and may have commercial value, subject to the provisions of TRESA.
Code: means this Access and Privacy Code.
Control: means the power or authority to make a decision about the use or disclosure of a Record.
Custody (of a record): means the keeping, care, watch, preservation or security of the Record for a legitimate business purpose.
Enforcement Activity: Includes inspections, investigation or law enforcement proceedings of RECO in accordance with TRESA, or other provincial and federal enforcement bodies, whether or not any of the forgoing is still ongoing.
Enforcement or Enforcement Body: means:
Personal Information: means a Record of information about an identifiable individual, or by which an identifiable individual can be deduced, whatever the format.
Public Information: means information, other than Personal Information, that RECO determines is necessary to make available to the public in order to carry out its administration of TRESA.
Record: means any record or information, however recorded, in the custody and control of RECO in furtherance to the administration of TRESA.
Senior Management Team: means the members of the executive management team established for the purpose of administering and leading the organization.
RECO: means the Real Estate Council of Ontario, a delegated authority to administer TRESA pursuant to section 3 of the SCSAA.
SCSAA: means the Safety and Consumer Statutes Administration Act, S.O. 1996 Chapter 19 as amended from time to time.
1.1 RECO is responsible for all Records in its custody and under its control. RECO has designated a Chief Privacy Officer to be accountable for compliance with this Code. The contact information for RECO’s Chief Privacy Officer is as follows:
George Drametu, Chief Privacy Officer
Phone: (416) 207-4848
Fax: (416) 207-3106
Toll Free: 1-800-245-6910
3300 Bloor Street West, Suite 1400
1.2 The ongoing collection and processing of information may be the responsibility of individuals within or employed by RECO.
1.3 RECO shall take reasonable steps to ensure that the Records in its custody and under its control are accurate, complete and as up-to-date as is necessary for the purposes for which they were collected.
1.4 Although RECO takes reasonable steps to ensure the accuracy of the Records provided under this Code, it does not warrant or otherwise guarantee that the information is complete, accurate and/or up-to-date.
2.1 Subject to the exceptions set out in section 3 of this Code, every person has a right of access to the Records in the custody and control of RECO.
2.2 Subject to section 3.4 of this Code, where information that is exempted from an access request can be reasonably severed from that part of a Record to which the requester can be given access, RECO shall sever the exempted information, and provide the requester with access to the remaining part of the Record.
2.3 Despite any provision of this Code, RECO shall, as soon as practicable:
2.4 Before disclosing a Record which contains Personal Information under subsection 2.3(a) of this Code, RECO shall cause notice to be given to any person to whom the information in the Record relates, if it is practicable to do so.
2.5 Any notice given under this section must be in writing and include a statement that if a person makes representations forthwith to RECO as to why the Record, or part thereof, should not be disclosed, those representations will be considered by RECO.
2.6 RECO shall ensure that the public has ready access to Public Information. The information shall be available in various mediums for review, consistent with the provisions of TRESA, and where practicable, be posted on RECO’s website. RECO’s information materials, including its website, shall provide instructions on how the public can contact RECO to obtain access to public information.
2.7 RECO shall support access to information by disseminating Public Information as is required and relevant to its administration of TRESA.
2.8 Within a reasonable period of time of receipt of a written request, having regard to the nature of the Personal Information requested, RECO shall advise an individual regarding the existence, use and disclosure of his or her Personal Information and, subject to the exceptions set out in section 3 of this Code, provide the individual with access to his or her Personal Information in a generally comprehensible form.
2.9 Requests for access to Personal Information shall be provided in the form established by RECO, and should include sufficient information to allow RECO to identify the requester and his or her Personal Information.
2.10 Where an individual requests access to Personal Information in the custody and control of RECO that pertains to individuals or organizations other than the requester, this is considered a third party request for information.
2.11 Where a third party request is approved, and before the disclosure of any Personal Information, RECO shall notify the individual in writing that his/her Personal Information is disclosable, and will be given a reasonable period of time to contest to disclosure. In doing so, the individual must provide sufficient written reasons for his/her disclosure objection.
2.12 Where access is refused, RECO shall provide written reasons for the refusal to the requester. The requester may file a complaint with RECO concerning the access refusal, pursuant to section 7 of this Code.
2.13 Before proceeding with any access request, and in accordance with section 8 of this Code, RECO shall provide the requester with the approximate fees payable, if any, of responding to the request, and confirm whether the requester still wishes to proceed with the access request, or whether the request is to be withdrawn.
2.14 Where third parties have access to Personal Information on an ongoing basis in accordance with section 5.2(b) of this Code, any amendments to such information shall be provided to the third parties.
3.1 Subject to sections 3.4 and 3.5 of this Code, RECO shall refuse a person access to a Record where the Record, or part of the Record, would likely reveal Personal Information about another person, unless the other person consents to the access in writing.
3.2 Subject to sections 3.4 and 3.5 of this Code, RECO may refuse access to a Record where giving access to the Record or part of the Record:
3.3 Despite sections 3.1 and 3.2 of this Code, RECO may release a Record where not releasing the Record would threaten an individual’s life, health or security, or where not releasing the Record would endanger the security of a building, vehicle, or of a system, including IT systems, or procedure established for the protection of a building or information for which protection is reasonably required.
3.4 Section 2.2 of this Code does not apply where the Record:
3.5 RECO may refuse to confirm or deny the existence of a Record to which subsections 3.2b, 3.2d, 2h, 3.2m or 3.2n of this Code apply.
4.1 Collection of Personal Information shall be limited to that which is necessary for the carrying out of RECO’s administration of TRESA 2002 or a consistent purpose.
4.2 Some of the purposes for which RECO has collected and collects Personal Information include, but are not limited to, the following:
4.3 By providing RECO with Personal Information, an individual consents to its use and disclosure in accordance with this Code and for the purpose of administering TRESA, and other relevant legislation. As well, such consent may be implied through the individual’s conduct with RECO.
4.4 Subject to the exception set out in section 4.6 of the Code, where RECO collects Personal Information, it shall:
4.5 Subject to the exception set out in section 4.6 of this Code, where RECO collects Personal Information, RECO shall document the purpose for which Personal Information is collected.
4.6 Where Personal Information is collected for the purposes of the administration of TRESA, RECO may collect the information without the knowledge or consent of the individual to whom the information relates, and/or communicating the purpose of the collection, if such collection is necessary for the administration of TRESA.
5.1 Subject to the exceptions set out under section 5.2 of the Code, RECO shall use or disclose Personal Information only with the prior knowledge and consent of the individual to whom the information relates, and only for the purposes for which it was collected.
5.2 RECO may use or disclose Personal Information without the prior knowledge or consent of the individual, or for purposes other than those for which it was collected, if:
6.1 Having regard to the level of sensitivity of the particular information, RECO shall take all reasonable steps to ensure that Personal Information is kept secure from loss and theft.
6.2 RECO shall, where possible, retain Personal Information for a minimum of one (1) year, and only for as long as necessary to fulfil the purpose for which the information was collected; however, Personal Information that is the subject of an access request shall be retained for as long as necessary to allow the requester to exhaust any recourse under this Code.
6.3 RECO shall develop procedures and practices to govern the period of time Personal Information is retained, and the methods by which it should be destroyed, erased or made anonymous once no longer required by RECO.
6.4 RECO shall publicly post on its corporate website, under “Release of Records,” said procedures and practices in the form of a Retention Policy.
6.5 Ongoing access to Personal Information under the control of RECO shall be restricted to authorized RECO staff. RECO shall adopt security mechanisms to prevent the unauthorized access, disclosure, use, copying or modification of Personal Information under its control.
7.1 Where an individual disagrees with the accuracy or completeness of his / her Personal Information about him / herself held by RECO, the individual has the right to challenge the accuracy or completeness and have it addressed as follows:
7.2 Where RECO agrees to correct or amend a Record of Personal Information:
7.3 If an individual’s request for a correction or amendment is refused, the reasons for such refusal shall be provided in writing to the individual to whom the information pertains, and RECO will, if requested, file with the Record a brief statement of disagreement provided by the individual, unless to do so is impractical or would reasonably interfere with the regulatory activities of RECO.
7.4 Where an individual has a complaint regarding:
7.5 RECO will implement, and make publicly available, practices and procedures for the handling complaints referred to in section 7.4; practices and procedures which will include that:
8.1 Fees payable for access to Records will be in accordance with RECO’s fee policies which will be made publicly available.
8.2 Any fee estimate for the production of the Records exceeding $100.00 will require the Requester to provide a 25% deposit.
9.1 RECO shall implement policies and practices required to give effect to this Code, including those relating to:
10.1 In the event that this Code conflicts with any provision of TRESA, or any other applicable law, TRESA or any other applicable law shall prevail.
11.1 This Code comes into effect on January 1, 2017.
11.2 RECO shall initiate from time to time a review of this Code and all related policies and practices. If changes are made to this Code, a revised version of the Code will be posted on RECO’s website at www.reco.on.ca.