Now that the TRESA Code of Ethics is in force, there are some changes.
Let’s look at a few of the provisions.
Conscientious and Competent Service
The Old Code stated:
Conscientious and competent service, etc.
5. A registrant shall provide conscientious service to the registrant’s clients and customers and shall demonstrate reasonable knowledge, skill, judgment and competence in providing those services. O. Reg. 580/05, s. 5.
The New Code states:
Conscientious and competent service, etc.
9. In carrying on business, a registrant shall,
(a) provide conscientious, courteous and responsive service to clients and demonstrate reasonable knowledge, skill, judgment and competence in providing such service; and
(b) subject to section 10, demonstrate reasonable knowledge, skill, judgment and competence in providing opinions, advice, assistance or information to any person.
Conscientious and competent service, etc.
9. (1) A registrant shall provide conscientious, courteous and responsive service to clients and demonstrate reasonable knowledge, skill, judgment and competence in providing such service. O. Reg. 234/23, s. 2.
(2) Subject to section 10, in carrying on business, a registrant shall demonstrate reasonable knowledge, skill, judgment and competence in providing opinions, advice, assistance or information to any person. O. Reg. 234/23, s. 2.
COMMENT
This provision has been extended. Now, there’s no such thing as “customers”, so there’s no “step down” service model.
The duties here have been expanded somewhat by inclusion of the words “courteous and responsive” service.
We recently dealt with this issue of “courtesy” and considered its meaning.
Here, we have also added the word “responsive”. What does it mean to be responsive? Let’s check dictionary references:
- A responsive person is quick to react to people or events and to show emotions such as pleasure and affection.
- reacting quickly and positively.
- saying or doing something as a reaction to something or someone, especially in a quick or positive way:
So, “quick and positive” seems to be the essence of the term.
The agent will also have to “demonstrate reasonable knowledge, skill, judgment and competence in providing such service”. That’s just the same as it used to be as it applies to clients.
Now, there’s still the exact same provision, namely “demonstrate reasonable knowledge, skill, judgment and competence in providing such service”. That applied with respect to “any person”. So, that means the public. While this had been the standard when it came to services for clients and customers, it has now been ungraded to also include the public.
Section 10 is the reference to Self-represented parties (SRP). While the SRP is not encouraged to rely upon such, nevertheless it still must be correct etc.
There does appear to be some unnecessary duplication here. This is the essential requirement:
A registrant shall provide
- conscientious,
- courteous and
- responsive
service to clients and (Note: or in carrying on business “any person)
demonstrate
- reasonable knowledge,
- skill,
- judgment and
- competence
in providing such service.
Basically, it’s much the same as it always was, with the additional requirement to be courteous and responsive. Both those duties are “brand new”.
Brian Madigan LL.B., Broker