COVID-19 Screening Forms & Property Access

The COVID-19 pandemic and resulting State of Emergency has created unprecedented circumstances for conducting real estate transactions in the Province of Ontario.

OREA appreciates the unique trading situations that have arisen as a result and the challenges Members are facing in managing their real estate business. OREA also recognizes the difficulties that consumers, in the position of buying and selling, are dealing with in a changing marketplace where social distancing and other public health measures are the new norm.

During this time, OREA has been focused on creating Standard Forms, resources and tools intended to assist Members in dealing with these new circumstances and challenges as follows:

• Forms State of Emergency Resources & Tools Member Memo
• OREA Clause State of Emergency FAQ file
• Three Forms State of Emergency, Part 1 & Part 2 & Part 3 Webinars

Recently, OREA was asked to create a COVID-19 screening form for the purpose of facilitating ‘safe’ and responsible property access. Having carefully reviewed and considered the matter, OREA determined that the creation of any such form and its subsequent use is best left to the responsibility of the respective brokerages under their own ‘business practice’.

As always, OREA encourages individual Members to speak with their Broker of Record and/or Brokerage Management to obtain guidance and direction with respect to the use and appropriateness of specific forms (including any such COVID-19 /screening forms) in their individual trading. Members should also check with their Board/Association regarding possible Board/Association rules or policies.

Further, the Canadian Real Estate Association has created a new form to assist REALTORS® in light of the COVID-19 pandemic. CREA cautions that where forms have been prepared in the REALTORS®’ jurisdiction by their regulator, Board, or Association, such forms should be used instead

Brokerages and individual Members are strongly encouraged to obtain independent legal advice when creating and/or using any such COVID-19 screening forms and/or health questionnaires and to seek written client instruction in the use of any such forms and/or health questionnaires.

Members are also encouraged to recommend to their respective consumers, whether seller or buyer, to seek independent legal advice prior to requesting and/or completing any such forms/health questionnaires.

In reviewing and/or creating COVID-19 screening forms, Members, Brokers and consumers may consider the following resources helpful:

1. Health Information
   • The most up-to-date information from the Government of Canada on COVID-19
   • Travel restrictions and mandatory self-isolation guidelines from the Government of Canada
   • The most up-to-date information from the Government of Ontario on COVID-19
   • Symptoms and screening information from Public Health Ontario
2. Human Rights Information:
   • Human rights and obligations during a pandemic from the Ontario Human Rights Commission
3. Privacy Information:
   • The Office of the Privacy Commission of Canada in particular these guidelines:
     • The Personal Information Protection and Electronic Documents Act (PIPEDA)
     • What is Personal Information?
     • Privacy and the Covid-19 Outbreak
     • 10 Fair Information Principles

Guidelines for Obtaining Meaningful Consent

Lastly, OREA’s COVID-19 information hub website, is regularly updated, and we encourage Members to visit and re-visit, via www.oreacovid19info.com

If you have any comments or questions you can email info@orea.com.

Author: bramptonrealestateboard

At the Brampton Real Estate Board (BREB) we believe in the ownership of Real Estate. Our objective is to contribute to the capability and growth of our members in their endeavors by marketing all forms of real property throughout the greater Brampton, Halton Hills and Caledon marketplaces and beyond. The Brampton Real Estate Board is dedicated to providing an environment in which it’s Member REALTORS®, employees, Board of Directors, and Committee volunteers are encouraged to grow, succeed and develop in order to provide the highest level of professional conduct and service. View all posts by bramptonrealestateboard