|
Citation |
2026 ABRECA 9 |
|
Decision Date: |
February 17, 2026 |
THE REAL ESTATE COUNCIL OF ALBERTA
|
File No |
MMS-04148 |
|
Process |
Disposition by Registrar section 39 & 83 of the Real Estate Act |
|
Name |
Michelle Eileen Derk |
|
License |
Real Estate Broker |
|
Industry Council |
Residential Real Estate Broker |
|
Conduct Brokerage |
Acquire Realty Group Inc. o/a Acquire Real Estate Group |
|
Current Brokerage |
Acquire Realty Group Inc. o/a Acquire Real Estate Group |
|
Document |
ADMINISTRATIVE PENALTY |
|
Penalty |
$1,500.00 |
|
Decision Date |
February 17, 2026 |
|
|
|
TO: Michelle Eileen Derk
The Registrar of the Real Estate Council of Alberta (RECA) has determined there is sufficient evidence you have contravened section 91(4) of the Real Estate Act Rules and this is conduct deserving of sanction.
Rule 91 (4) – a brokerage’s accounting shall be filed with the Council not later than 3 months after the end of the brokerage’s fiscal year.
Particulars of the contravention(s):
1. In or around June 2025, you failed to provide your fiscal year end reports contrary to section 91(4) of the Real Estate Act Rules:
a) Your brokerage fiscal year end was February 28, 2025. The brokerage accounting forms were due on June 2, 2025. As broker, it was your responsibility to ensure the brokerage accounting forms were filed on time.
b) You were sent several reminders about the requirement to file the brokerage accounting forms and the deadline. Those reminders included clear instructions on what forms were required, a link to RECA’s website that explained how to access the forms, and a warning that a failure to complete the forms by the deadline could result in an Administrative Penalty.
c) Your reports remain outstanding to date.
The Registrar considered the following aggravating factors:
Aggravating Factors
• You were sent several reminders that your reports were due.
• The reporting delay has been several months.
This penalty does not change your obligation to file the brokerage accounting forms. Continued delays in filing the required forms may lead to an escalation of enforcement, including brokerage suspension.
Appeal
You have the right to appeal this Administrative Penalty to a Hearing Panel. Make sure to read the following important information if you intend to appeal
• Section 83.1 of the Real Estate Act
• The attached Information Sheet and
• The Hearing and Appeals Practice and Procedure Guidelines
The Hearing and Appeals Practice and Procedure Guidelines are posted here:
https://www.reca.ca/wp-content/uploads/2018/07/Hearing-and-Appeal-Practice-and-Procedures.pdf
Read the following sections of the Guidelines relating to specific appeals:
• Part 8 for Penalty appeals
If you fail to take steps to initiate your appeal required by section 83.1, within 30 days of receiving this penalty you will lose your right to appeal.
Payment
This Penalty must be paid within 30 days of the date this Notice was issued.
If you fail to pay the Penalty the Registrar may commence collection under section 56 of the Real Estate Act and may suspend your licence under section 38.1 of the Rules.
On Payment of the Penalty
• You will have satisfied the Administrative Penalty and no further proceedings under Part 6 will be taken against you.
• You cannot be charged under section 81 of the Real Estate Act with an offence for the contravention(s) in this Administrative Penalty.
Dated February 17, 2026, at Calgary, Alberta.
“Signature”
Warren Martinson, Registrar
Real Estate Council of Alberta