The Competition Bureau is continuing its investigation into the Canadian Real Estate Association’s (CREA) policies surrounding real estate commissions and the REALTOR® Cooperation Policy. The Bureau recently obtained a Federal Court order requiring CREA to provide documents and records as part of an ongoing examination into possible anti-competitive conduct in the real estate sector.
The Bureau is examining whether CREA’s rules on real estate commissions—particularly the requirement that sellers’ agents offer compensation to buyers’ agents for properties listed on Multiple Listing Service (MLS®) systems—are affecting competition. The Bureau is investigating whether these rules discourage realtors from competing by offering lower commission rates, potentially leading to higher costs for both buyers and sellers.
The Bureau is also analyzing CREA’s REALTOR® Cooperation Policy, which requires that residential listings be posted on an MLS system within three days of being marketed to the public. The investigation seeks to determine if this policy makes it harder for alternative listing services to compete and whether it gives an unfair advantage to larger brokerages over smaller ones.
Canadian Real Estate Association (CREA) Response
In response, the CREA has confirmed that it is cooperating fully with the Bureau’s investigation but is unaware of any determinations or conclusions at this stage. It emphasized that the Bureau’s request for records and written responses is a routine part of such investigations.
The CREA Chair, James Mabey, affirmed that CREA’s policies are both pro-competitive and pro-consumer, promoting transparency and supporting REALTORS® in better serving buyers and sellers across Canada. The CREA response highlighted the role its members play in helping Canadians navigate major life transactions.
Mabey reiterated that despite changing market conditions, REALTORS® remain committed to supporting their clients with expertise and care across all communities in Canada. The CREA statement also confirmed its commitment to consumer education, innovation, and transparency, as it uses MLS® Systems to connect real estate professionals and clients and benefit both parties.
Previous Actions by the Bureau and CREA Compliance
This investigation follows earlier actions by the Competition Bureau. In 2010, the Bureau and the CREA reached an agreement regarding MLS system rules. The CREA revised its rules to give realtors and their clients greater flexibility in the services they agree upon.