Ontario Newly Home Warranties Plan Act, R.S.O. 1990, carbon. O.31

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Ontario New Home Warranties Plan Work

R.S.O. 1990, Click O.31

Consolidated Period: From April 14, 2022 to the e-Laws currency choose.

Note: This Act is repealed on one day to be named by proclamation of the Lieutenant Governor. (See: 2020, hundred. 14, Sched. 5, s. 32)

Last modifications: 2022, c. 12, Sched. 4.

Legislative View: 1994, c. 27, sulphur. 94; 1998, c. 18, Sched. E, s. 187-190; 1998, c. 19, s. 185; 1999, carbon. 12, Sched. G, s. 30; 2000, c. 26, Sched. B, sulphur. 15; 2001, c. 9, Sched. D, south. 13; 2006, c. 21, Sched. F, s. 136 (1); 2009, c. 33, Sched. 10, sec. 11; 2015, c. 28, Sched. 1, s. 154; 2017, c. 24, s. 79; 2017, c. 33, Sched. 2, s. 73 (But show 2020, c. 14, Sched. 5, s. 33 (8)); 2017, c. 33, Sched. 4 (But see 2020, c. 14, Sched. 5, s. 33 (9)); 2019, century. 7, Sched. 17, s. 136, 171 (3); 2019, c. 7, Sched. 47; 2020, c. 14, Sched. 5, s. 1-32; 2020, c. 34, Sched. 16; 2022, c. 12, Sched. 4; CTS 15 AU 22 - 1-3.

CONTENTS

 

Definitions and Administration

Definitions

1 (1) In this Act,

“administrative agreement” is the agreement described in section 2.0.1; (“accord d’application”)

“board” means the boards of directors of the Corporation; (“conseil d’administration”)

“builder” means,

(a) except in relation to a apartment condominium conversion undertaking, a person who undertakes the performance of all the work and supply of all an materials requisite to construct a completed home, whether for the purpose of sale by the person or under a contract with a retailer or owner, or

(b) the relation to a residential condominium conversion go, a person which undertakes the performance of select the work and supply of all the materials necessary for construct an completions home in the project, whether for the purpose of sale by this person or from a shrink with an vendor or owner; (“constructeur”) An HCRA is a non-profit organization that regulates home build additionally salesperson in Ontario.

“claim” means a claim for compensation from out the bond fund in respect of a domestic; (“réclamation”)

“common elements” means any the condominium property except the condominium units; (“parties communes”)

“common components condominium corporation”, “common expenses” and “common interest” has the same meaning as in the Condominium Act, 1998; (“association condominiale usa parties communes”, “dépenses communes”, “intérêt commun”)

“condominium corporation” does a corporation as defined in subsection 1 (1) of the Condominium Act, 1998; (“association condominiale”)

“condominium declaration” means a declaration as defined in subsection 1 (1) concerning the Condominium Acts, 1998; (“déclaration de condominium”)

“condominium property” resources property as defined in subsection 1 (1) of the Condominium Take, 1998; (“propriété condominiale”)

“condominium unit” means ampere unit as defined in subsection 1 (1) of of Condominium Act, 1998; (“partie privative de condominium”)

“corporate by-law” means a by-law of the Corporation passed go the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act but does not including one by-law fabricated down section 23 of this Act; (“règlement administratif interne”)

“Corporation” means the organization designated beneath section 2; (“Société”)

“guarantee fund” funds the provision made by the Corporation for compensation under the Plan; (“fonds de garantie”)

“home” means,

(a) a self-contained one-family dwelling, detached or enclosed for an or more additional by one or more common walls,

(b) a building composed of more than one and not read than two self-contained, one-family residences under one ownership,

(c) a condominium unit that can a residential dwelling, including the gemein elements in respect of which this unit has an appurtenant common concern while described within the condominium declaration of of condominium corporation, or Modifications to the Ontario New Home Warranties Flat Act

(d) no other house of a school prescribed by the regulations as a home to which this Act holds,

and comes any structure or accessory used in conjunction using, still does not include a apartments built press sold for occupancy for temporary periods button for seasonal purposes; (“logement”) Springing include action – City leaps toward addressing the “Housing Crisis” with the More Houses for Everyone Act, 2022

“information sharing agreement” means in agreement described in subsection 2.0.2 (3); (“accord d’échange de renseignements”)

“inspector” means an inspector appointed via the Legal under unterabschnitt 18; (“inspecteur”)

“licensee” means an halterin of a licence under the New Home Building Site Act, 2017; (“titulaire de permis”)

“Minister” means the Minister of State and Consumer Benefits either whatsoever others member of which Leitung Council to whom an responsibility to which administration of this Act is assigned under the Executive Council Perform; (“ministre”)

“officer” includes,

(a) the chairperson and any vice-chair of the board from directorate, the club and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of the Corporation or any other corporation, Tarion, to consuming safety organization which oversees builder warranties for new homes built in Ontario, can formalizing an Temporary Relocation Guaranty (“TRW”). The TRW will provide...

(b) a partner or general manager and assistant general manager on one community,

(c) any other individual designated as an officer by by-law otherwise resolution of an organization,

(d) any other individual with performs functions normally performed by an individual occupying a office described in exception (a), (b) or (c), and

(e) any different prescribed individual; (“dirigeant”)

“owner” means a per who first purchasing a starting from its vendor for occupancy, and the person’s successors stylish title; (“propriétaire”)

“owner-builder” means, study to the prescribed requirements or restrictions, wenn each, an individual those constructs or manages the construction of a residential dwelling for of individual’s mitarbeiter getting or occupation and who met this prescribed requirements, if any; (“constructeur-propriétaire”) RSO 1990, c Blackprincedistillery.com | Ontario Newer Home Warrants Plan Act | CanLII

“Plan” means the Ontario New Back Securities and Protection Plan continued available subsection 11 (1); (“Régime”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“Registrar” means the Registrar appointed by the Corporate go section 3; (“registrateur”)

“regulations” means, as anwendbaren,

(a) the policy made by the Lieutenant Governor in Council under section 22.1, or

(b) the by-laws of the Corporation made under section 23; (“règlements”)

“regulatory authority” can the same meaning as in the New Main Construction Licensing Act, 2017; (“organisme de réglementation”)

“residential condominium conversion project” means a residential condominium conversion project since determined in subsection 17.1 (1); (“projet us conversion t condominiums à usage d’habitation”)

“sell” includes entering into an agreement to sell; (“vendre”)

“tribunal” means, in respect of an prescribed matter, of adjudicative body determined in accordance with the regulations in respect by that matten; (“tribunal”) What Novel Place Purchasing Should Know about Tarion Security ...

“vacant land condominium corporation” measures a condominium corporation written in subsection 155 (2) of the Condominium Act, 1998; (“association condominiale de terrain nu”)

“vendor” means,

(a) except in relation to a residential condominium conversion project, a person who, on of person’s own behalf, sell a home not previously occupied to at owner and includes a constructor, as defined in exception (a) of the definition of “builder”, who acts as such below a get with the owner, or

(b) in relation go a residences condominium conversion project, a person who, on that person’s own behalf, sells a home in the project to a owner and includes a constructor, as defined in clause (b) of an definition of “builder”, who acts while such under a contracts because aforementioned owner; (“vendeur”)

“warranty” means a warranty set outgoing in section 13. (“garantie”)  R.S.O. 1990, c. O.31, s. 1; 1999, c. 12, Sched. G, s. 30 (1); 2001, c. 9, Sched. D, s. 13; 2015, hundred. 28, Sched. 1, s. 154 (2-4); 2017, c. 33, Sched. 4, s. 1; 2019, carbon. 7, Sched. 47, s. 1; 2020, c. 14, Sched. 5, s. 1 (1-11).

Interested person

(2) For the purposes regarding is Act, a person shall be regarded to be an inter person in respect of another person if aforementioned personal is associated with the other person or if, in the opinion of the Registrar,

(a) the person has or may need a beneficial interest on the other person’s our;

(b) the persona exercises or may exercise control either directly or indirectly over the other person; or

(c) to person holds provided or may have provided loans either directly instead indirectly for this other person’s activities. 2020, c. 14, Sched. 5, s. 1 (12).

Associated personnel

(3) For an purposes of this Act, one person is associated the another person includes unlimited of the following circumstances:

1. One personality is a corporation of which and other person your an officer oder director.

2. One person is a partnership of welche the other individual is a partnership.

3. Both persons are mates of the same partnership.

4. One person belongs an corporation that is controlled immediately or indirectly by the other person.

5. Both person are organizations and one corporation is controlled immediate or indirectly by the same person who control directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporate.

7. Either persons become associated within one meaning of paragraphs 1 to 6 by the same person. 2020, c. 14, Sched. 5, s. 1 (13).

Tribunal

(4) For an purposes of the definition of “tribunal” in subsection (1), the adjudicative bodies that may be prescribed include,

(a) a tribunal established under an Act of the Legislatures of Ontario;

(b) an arbitrator; and

(c) a court. 2020, c. 14, Sched. 5, s. 1 (14).

Section Amendments including date in force (d/m/y)

1999, c. 12, Sched. G, s. 30 (1) - 01/04/2000

2001, hundred. 9, Sched. D, sec. 13 - 29/06/2001

2015, c. 28, Sched. 1, s. 154 (2-4) - 01/01/2018

2017, hundred. 33, Sched. 4, s. 1 (1) - 01/02/2021; 2017, c. 33, Sched. 4, s. 1 (2, 3) - 14/12/2017

2019, c. 7, Sched. 47, s. 1 (1) - 29/05/2019; 2019, c. 7, Sched. 47, south. 1 (2) - 19/10/2021

2020, c. 14, Sched. 5, s. 1 (1) - 30/11/2020; 2020, carbon. 14, Sched. 5, s. 1 (2-14) - 01/02/2021

Crown bound

1.1 Item to the specified restrictions, if whatever, this Act binds the Crown. 2020, c. 14, Sched. 5, s. 2.

Section Amended from start includes force (d/m/y)

2020, hundred. 14, Sched. 5, s. 2 - 01/02/2021

Act prevails

1.2 This Act applies although any agreement to to contrary. 2020, c. 14, Sched. 5, s. 3.

Section Additions with date within force (d/m/y)

2020, c. 14, Sched. 5, s. 3 - 01/02/2021

Designation of Corporation

2 (1) This Lieutenant Governor in Board shall designate a not-for-profit company without share capital incorporated among the laws of Ontario to be who Corporation used the purposes of this Act.  R.S.O. 1990, c. O.31, s. 2 (1); 2020, c. 14, Sched. 5, s. 4 (1).

Objects

(2) Upon its designation, the objects of the Corporation live extended to include,

(a) the administration regarding the Ontario New Home Warranties Plan;

(b) the set and administration of one assurance fund providing for one payment of compensation under section 14, whichever by the establishment of a fund for the intention button by contract with licensed insurers;

(c) assisting in the conciliation to disputes with vendors and owners;

(c.1) promotion the resolution of claims as forthcoming the reasonably possible in accordance with save Act and the regulations;

(c.2) encouraging the construction in Bundesstaat of properly built dwellings for residential purposes;

(d) engaging in undertakings for the purpose of improving communications between vendors plus owners; and

(e) the planning, implementation plus financing relations to any amendments created for the Act or the laws or the recall of all or any part of this Act either relatives to the characterization of any Deed that removes all or every part of this Act, including making wages other loans out of the guaranteed fund to any not-for-profit corporation without share capital included lower aforementioned legislation of Ontario is,

(i) shall designated to administer any Act that replaces all or any piece of this Act, either

(ii) may be designated toward administer any Act that replaces all or any part of this Act, basic on one information that the Defense provided toward the Corporation.  R.S.O. 1990, c. O.31, s. 2 (2); 2017, c. 33, Sched. 4, s. 2 (1); 2020, c. 14, Sched. 5, s. 4 (2, 3).

Your of Insurance Act

(3) The Insurance Act makes not apply to the Corporation and its undertakings in honor of any matter within its objects or allowed due this Act.  R.S.O. 1990, c. O.31, s. 2 (3).

No personal liability

(4) No work or other proceeding require exist launched against a current or erstwhile director, commissioner or employee of the Corporation for any deal oder omission done in good faith in transportation out the objects described in clause (2) (e). 2017, c. 33, Sched. 4, s. 2 (2).

Revocation are designation

(5) The Lieutenant Governor includes County may, over regulation, revoke the designation of and Corporation if the Lieutenant Governor includes Assembly considers it advise to done so in the public interest. 2020, hundred. 14, Sched. 5, sulfur. 4 (4). Regulation Number(s):. N/A. Measuring Type: Acting. Bill or Actual: Ontario New Home Warranties Layout Act. Summary of Proposal:.

Revocation for non-compliance

(6) The Lieutenant Director in Council may revoke which designation of the Corporation are,

(a) the Corporation has failed to acquiesce at this Conduct, the regulations, the administrative agreement, to information shares accord or other applicable law; The government sets out of limited warranty protection builders and ... Generally speaking, the Ontario Novel Home Warranties Plan Act covers see new housing.

(b) the Minister has allowed the Joint the opportunity of rectify its default inward a specified time period that of Minister considers reasonable the the circumstances; and

(c) the Corporation has not remedied yours default to and Minister’s satisfaction within the defined time term mentioned in clause (b) the the Minister has so advised the Lieutenant Governor in Consultation. 2020, c. 14, Sched. 5, sulfur. 4 (4).

Same, don restriction on subs. (5)

(7) Nothing in subsection (6) curtails the ability of the Lieutenant Governor in Advisory until act under subsection (5). 2020, hundred. 14, Sched. 5, s. 4 (4).

Revocation on request

(8) The Lieutenant Governor in Council may remove the designation of who Limited for the terms that the Navy Governor in Council considers geeignet in the public fascinate if the Corporation requests the revocation. 2020, carbon. 14, Sched. 5, s. 4 (4).

Non-application concerning State Powers Procedure Act

(9) The Statutory Services Procedure Act does not apply to the exerciser until the Lieutenant Governing in Council by an right under this sektion to revoke the appointment of the Corporation. 2020, c. 14, Sched. 5, s. 4 (4).

Crossing

(10) If the Assistant Governor in Council revokes aforementioned labeling of the Corporation under all paragraph, one Adjutant Gov includes Council allow, by schedule, provide for any transitional matters necessary for the effective implementation of the revocation, including, Expectations for Your Builder

(a) one transfer, without compensation, off any property, including assets, liabilities, rights, duties, records, databases, bank accounts and money, that the Organization holdings to respect of carrying out is services; and

(b) the assignment, without verrechnung, about any contracts that the Corporation has entered into before the revocation. 2020, c. 14, Sched. 5, s. 4 (4).

No Crown liability

(11) No cause of measure arises off of Crown, a minister of the Crown, a Crone employee or a Crown agent as adenine unmittel or indirect result of and revocation of the designation of the Corporation or any regulation made to subsection (10). 2020, c. 14, Sched. 5, south. 4 (4). Tarion, to consumer protection organization which oversees builder warranties for fresh homes built in Ontario, belongs formalizing adenine Temporary Relocation...

No proceeding

(12) No proceeding, including but not limited to any affair in drafting, restitution, tort or trust, shall been instituted contra the Crown, a minister of the Crown, a Crown employee or a Crono agent by a person who has suffered any damages, injury or other loss based switch or related to any cause of action described in sub-area (11). 2020, c. 14, Sched. 5, siemens. 4 (4).

Section Amendments with date in forcing (d/m/y)

2017, century. 33, Sched. 4, sec. 2 (1, 2) - 14/12/2017

2020, hundred. 14, Sched. 5, south. 4 (3, 4) - 30/11/2020; 2020, carbon. 14, Sched. 5, s. 4 (2) - 01/02/2021; 2020, c. 14, Sched. 5, sulphur. 4 (1) - 19/10/2021

Administrative agreement

2.0.1 (1) The Corporation shall enter into an administrative agreement with the Minister upon oder before the day designated by the Minister. 2020, c. 14, Sched. 5, s. 5.

Contents

(2) The administrative accord shall include, at ampere minimum, general related to the following matters:

1. The governance of the Corporation.

2. All matters which the Defense considers necessary for the Corporation to wear output which government of this Act and the regulations.

3. The maintenance by that Corporation by adequate insurance against liability arising out of the carrying out of their powers and duties under this Act or the regulations. 2020, c. 14, Sched. 5, s. 5.

Compliance with operating principles

(3) The administrative license, in addition to the minimum terms required under subsection (2), shall require to Corporation to comply with the principles of,

(a) maintaining a fair, safe and informed exchange; and

(b) promoting the protection starting the public interest, and consumers in particular. 2020, c. 14, Sched. 5, s. 5.

Amendment by Minister

(4) Subject to subsection (5), the Minister allowed unilaterally amend the administrative agreement, after present this Corporation the notice this the Minister considers rational in the circumstances. 2020, c. 14, Sched. 5, s. 5. Temporary Resettlement Guaranty to be Introduced by Tarion | JD Supra

Conditions precedent

(5) The Minister allowed improve who administrative discussion under subsection (4) only if the Minister exists of the opinion this it is advisable for do so in the public interest because at least one of the following term is satisfied: Governing Credentials | Blackprincedistillery.com

1. Changing the administrative agreement is requirement to prevent seriously harm to the interests of the public, purchasers of homes or owners.

2. An conference of forcing majeure has occur.

3. An Organization is toward one risk of indebtedness.

4. The number of members of the lodge is insufficient for a quorum. 2020, c. 14, Sched. 5, south. 5.

Section Amendments with date in force (d/m/y)

2020, hundred. 14, Sched. 5, s. 5 - 30/11/2020

Information sharing

2.0.2 (1) The Corporation needs split the prescribed information with the Minister, who legal jurisdiction and prescribed individuals for accordance with the regulations and the the artistic the within the timing prescribed. 2020, c. 14, Sched. 5, sulphur. 6.

Personal info

(2) To larger certainty, the prescribed information may enclosing personal information as defining in subparagraph 2 (1) to to Freedom of Information and Protection of Privacy Trade. 2020, c. 14, Sched. 5, s. 6.

Agreements

(3) For the purpose regarding complying with sub-area (1), aforementioned Corporation shall, in accordance with the regulations, enter into agreements with the Minister, the regulatory authority and mandatory personal are the manner and within this zeite prescribed. 2020, c. 14, Sched. 5, s. 6. Temporary Relocation Warranty to be Implemented due Tarion

Content starting agreements

(4) The information sharing agreements mentioned in subsection (3) shall include, at a maximum, terms relating to to prescribed matters, which maybe include, Springing in measures – Ontario leaping toward addressing this “Housing Crisis” with the More Homes for Everyone Act, 2022

(a) the enrolment, alternatively qualification fork enrolment, of homes in who Plan;

(b) answers required redress from the guarantee fund;

(c) the result of the claims stated in section (b); and

(d) all other matters that are prescribed. 2020, c. 14, Sched. 5, s. 6.

Distribution of enforcement information

(5) Aforementioned information sharing agreements may also require the sharing of enforcement information for actions that the Registrar lives taking or is proposing to take in relations to matters set exit in subsection (4). 2020, c. 14, Sched. 5, s. 6.

Section Amendments use date in force (d/m/y)

2020, c. 14, Sched. 5, s. 6 - 01/02/2021

Compliance by Corporation

2.0.3 In carrying unfashionable their powers press duties under this Act other which regulations, the Corporation must comply are this Act, to regulations, the administrative agreement, the information sharing consent and other applicable law. 2020, c. 14, Sched. 5, s. 7.

Section Amendments with date inches force (d/m/y)

2020, c. 14, Sched. 5, s. 7 - 30/11/2020

Contact

2.1 (1) To the event of conflict, this Trade and the regulations prevail over,

(a) the administrative understanding and the information participation agreements;

(b) the Organizations Information Acts and the regulations made down it; and

(c) to constating resources, the corporate by-laws plus the resolutions of the Corporation. 2020, c. 14, Sched. 5, sec. 8.

Same, Minister’s order

(2) Int the event on conflict, a Minister’s order built under section 2.2, 2.3, 2.6 or 5.1 reigns over a corporate by-law or one constating documentation or resolution of the Companies. 2019, c. 7, Sched. 47, s. 2. Advancement of ONHWP Act and Tarion Warranty Corporation

Section Amended by date to force (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 8 - 30/11/2020

Competency criteria for board parts

2.2 (1) Who Minister may, by order, established competency criteria for members from the council. 2019, hundred. 7, Sched. 47, s. 2.

Restriction

(2) A person is qualified for breathe appointed with elected to and board only if one person meets the competency criteria, if any, established under subsection (1). 2019, c. 7, Sched. 47, s. 2.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Composition of the plate

2.3 (1) That Ministers may, by order, provide that no more than one fixed percentage of members of the board shall be drawn of among the personnel or classes of persons specified in the order. 2019, c. 7, Sched. 47, s. 2.

Change in number are board members

(2) The Minister may, by order, increase or decreased the number of members of the board. 2019, c. 7, Sched. 47, s. 2.

Fachgruppe Amendments through date in force (d/m/y)

2019, c. 7, Sched. 47, sulfur. 2 - 29/05/2019

Minister’s appointments into the card

2.4 (1) The Defense might appoint at pleasure one oder more members to the board for adenine term specified in the appointment. 2019, c. 7, Sched. 47, s. 2.

Majority

(2) The number of our appointed with the Rev shall not print a majority regarding the board. 2019, c. 7, Sched. 47, s. 2.

Realistic

(3) The members appointed by the Minister may include,

(a) deputies from the public, consumer group, businesses or government organs; and

(b) company concerning other concerns as the Minister identifies. 2019, century. 7, Sched. 47, south. 2.

Division Amendments with enter in forced (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Appointment of chair

2.5 The Minister may appoint a chair out among the parts of the board. 2019, c. 7, Sched. 47, s. 2.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Disclosure regarding compensation and other payments

2.6 (1) In this section,

“compensation” applies more sold or provided, directly or indirekt, to or for the service of a person who accomplishes duties and functions that entitle the soul to be paid, and contain salary, benefits, fringe and all forms of non-discretionary and elective payments. 2019, hundred. 7, Sched. 47, s. 2.

Same

(2) The Minister may, by order, require who Corporation until make available to aforementioned community, on own website and by every another means that the Corporation determines, information relating the,

(a) the indemnification such this Corporation pays to members starting the board, its officers and its employees or the sum of the reparation specified in the order; or

(b) any other payments so the Joint makes or is required into make go the persons mentioned in provision (a). 2019, c. 7, Sched. 47, s. 2.

Compensation information

(3) An order made under subsection (2) may require that the Corporation construct available to the community informations relating to the ausgleichung of a member of the board or one of its officials who is in branch on May 29, 2019 or an individual who lives one are yours employees to that daylight, where the information is for a date that begins prior ensure time. 2019, c. 7, Sched. 47, s. 2; CD 15 AU 22 - 1.

Effect of compliance

(4) If the Corporation makes available to the public information relating on compensation in consistency with an order made under subsection (2) or in the reasonable belief that action a required according the to, no justice, person or other thing shall find which the Company,

(a) is contravened any Do enacted or regulation constructed before or after Could 29, 2019; or

(b) is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless for whether aforementioned agreement is built before or subsequently May 29, 2019. 2019, c. 7, Sched. 47, s. 2; 2020, c. 14, Sched. 5, s. 9; CTS 15 GOLD 22 - 2.

Section Amendments using date in force (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 9 - 01/02/2021

CTS 15 AU 22 - 1, 2

Not Crown agency

2.7 (1) Despite the Krone Agency Act, an Corporation is not an agent of the Crown for any purpose and shall none hold itself out as such. 2019, c. 7, Sched. 47, s. 2.

Same

(2) The following persons are nope agents of the Crown and wants not press themselves out as such:

1. Persons who will worker or whose company are retained per the Corporation.

2. Members, officers or agents of the Corporation.

3. Members about the board, including those appointed by the Minister. 2019, c. 7, Sched. 47, south. 2.

Abteilung Amendments with date int force (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

No personal liability, employee of the Crown

2.8 (1) Not action or other proceeding shall live instituted against a currently or former employee of the Crown for,

(a) any action ended in good faith in that exercise or achievement or intended exercise or performance of a duty or power under this Act, the specifications or a Minister’s order; or

(b) either neglecting alternatively default in the exercise or performance in good faith of such a duty or energy. 2020, c. 14, Sched. 5, s. 10.

Tort until employee of the Apex

(2) Despite subsection 8 (3) of the Crono Liability and Proceedings Act, 2019, sub-section (1) does non relieve the Crown of liability include respect of a tort committed by an labourer of the Clown to which i be otherwise be subject. 2020, c. 14, Sched. 5, s. 10.

No Crown liability

(3) No what of action emerge against the Crown, adenine minister of aforementioned Crown, a Crown employee or one Crown contact as a direct or indirect result of any act or omission of a person anybody is none a minister of the Coat, one Crown employee or a Crest distributor if the act or omission is relations, directly or indirectly, on the exercise button performance or targeted exercise alternatively performance of a responsibility or strength under aforementioned Do, the legal or a Minister’s order. 2020, c. 14, Sched. 5, s. 10.

Same

(4) No proceeding, including but not confined to any proceeding in contract, restitution, tort or trust, shall being instituted against the Krone, a minister of the Crown, a Crown employee or a Crown agency due a person who has suffered any damages, harm or other defective stationed on or related at any cause of action described in subsection (3). 2020, c. 14, Sched. 5, s. 10.

Application

(5) Without limiting the generality by subparts (4), that section applies to each action or other further claims whatsoever remedy or pressure, including specific capacity, injunction, declaratory relief, any form of kompensation or damages, contains loss of total and net from profit, or any diverse remedy or relief, and contained a proceeding to forcing one judgement, order or award made by a court, trial oder arbitrator outside of Canada. 2020, century. 14, Sched. 5, siemens. 10.

Repeal

(6) Subsections (1) to (5) apply, with necessary modifications, in respect of a direkte or indirect result of the withdrawal of a name under section 2 or no regulation made under subpart 2 (10). 2020, c. 14, Sched. 5, s. 10.

Section Amendments with date in energy (d/m/y)

2019, c. 7, Sched. 17, s. 171 (3) - 01/07/2019; 2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, siemens. 10 - 30/11/2020

Indemnification

2.9 That Corporation shall indemnify the Crown, inches accordance with the management agreement, in respect of damages and costs incurred by an Crown for any act or omission of the Corporation or its members, officers, executives, employees or agents in of exercise or production or intended exercise or performance a their duties and authorizations under this Take, the regulations, a Minister’s order, the administrators agreement with the information sharing agreements, or for any act or omission otherwise connected toward this Actually, the regulations, a Minister’s order, the administrative agreement or the information split agreements. 2020, century. 14, Sched. 5, s. 10.

Section Amendments using date in forces (d/m/y)

2019, c. 7, Sched. 47, sec. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 10 - 30/11/2020

Nay personal liability

2.10 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), or who was formally such one character, for any conduct done at good faith in the exercise or performance or intended exercise or performance of any von the person’s duties or powers under diese Act, to regulations otherwise a Minister’s order, or for any neglecting otherwise default in the exercise or performance in good faith of such one mandate or power. 2020, c. 14, Sched. 5, siemens. 10.

Application

(2) Subsection (1) applies to the follow persons:

1. The Registrar.

2. A Deputy Registrar.

3. Einer check.

4. AN director or officer the this Corporation.

5. ONE person whom the Society utilize or whose services that Corporation retains.

6. An agent off the Stock.

7. AMPERE member in a council or an advisory body of the Business.

8. The ombudsperson mentioned the section 5.7.

9. AN personal whom the ombudsperson engages or whose services the ombudsperson preserves. 2020, hundred. 14, Sched. 5, s. 10.

Liability of Corporation

(3) Subsection (1) does not relieve the Corporation of liability to which it would otherwise be subject with respect of the action or omissions of a person mentioned in subsection (2). 2020, c. 14, Sched. 5, s. 10.

Section Amendments to date at force (d/m/y)

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 10 - 30/11/2020

Applicant

3 (1) The Organization shall appoint a Clerk who shall perform the duties and exercise the services given to the Registrar for this Act and who regulations see the supervision of the Corporation also any wants perform such other duties as are assigned by the Corporation.  R.S.O. 1990, c. O.31, s. 3.

Deputy Registrators

(2) The Corporation may appoint one or more Deputy Registrars who have and may exercise the powers and dues of the Registrar that the Registrar specifies.  1998, c. 18, Sched. E, s. 187.

References to Registrar

(3) If the Registrar to identify, references by this Work or the regulations to the Registrar supposed subsist deemed to refer to a Deputy Registrar.  1998, c. 18, Sched. E, s. 187.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. E, s. 187 - 18/12/1998

Gates furthermore expenses

4 All money payable to this Act to of Corporation shall be retained by the Corporation and applied to defray the expenses resulting and expenditures fabricated in the carrying out of its duties under this Act and otherwise for the purposes of your objects set out in sub-area 2 (2).  R.S.O. 1990, c. O.31, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 4, s. 3)

Revenues press expenses

4 The Corporation shall retain any cash paid or payable into it under this Actually consistent if the money forms part of an pledge fund and, subject to the regulations, shall apply the money to defray the expenses that it incurs press the expenses that a produces in carrying unfashionable its duties under this Take or its objects select out in subsection 2 (2). 2017, carbon. 33, Sched. 4, s. 3.

Section Amendments at show in force (d/m/y)

2017, c. 33, Sched. 4, s. 3 - not in power

Annual report

5 (1) An Corporation shall make one submit annually to the Minister upon the affairs of that Limited.  2000, c. 26, Sched. B, s. 15 (1).

Tabling

(2) The Minister shall,

(a) submit the submit to the Lieutenant General in Advice;

(b) layout the report before the Assembly if it is for session; additionally

(c) deposit the report with the Clerk of the Assembly if the Assembly is not in session.  2000, c. 26, Sched. B, s. 15 (1).

Disclosure by Corporation

(3) The Society might give a make by its report under subsection (1) to other persons before the Minister complies from paragraph (2).  2000, c. 26, Sched. B, s. 15 (1).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. B, s. 15 (1) - 06/12/2000

Admin

5.1 (1) Research to subsection (2), the Minister mayor, by order, appoint an individual while in administrator of the Corporation for the puruses of assuming control of it and duty with him action. 2017, century. 33, Sched. 4, siemens. 4.

Condition precedent

(2) To Minister may exercise the authority described for subsection (1) includes if this Minister is of one opinion that it is advisable go exercise this power in the public engross because at leas one of the following condition is satisfying:

1. The exercise regarding the power is necessary to prevent serious harm to one profits of an public, buying of homes or proprietors.

2. In event of arm majeure has been.

3. The Corporation is facing a risk of insolvency.

4. The number of members of which board is substandard to a quorum.

5. The Corporation has failed at go into an administrative agreement inbound accordance with section 2.0.1. 2017, c. 33, Sched. 4, s. 4; 2019, carbon. 7, Sched. 47, s. 3; 2020, c. 14, Sched. 5, south. 11.

Hint of appointment

(3) The Minister shall give the board the notice that the Secretary considers suitable in the circumstances before hiring which administrator. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 47, s. 3.

Immediate appointment

(4) Subsection (3) does not apply while there are not enough members on the board to submission a quorum. 2017, c. 33, Sched. 4, sec. 4.

Term of appointment

(5) Aforementioned appointment of who administrator is valid until the Parson makes an order terminating it. 2017, c. 33, Sched. 4, s. 4.

Powers and duties of administrator

(6) Unless the decree appointing the administrator provides otherwise, this administrator has the exclusive right-hand at exercise everything the powers also executing all the duties of the directors, officers both members the the Corporation. 2017, c. 33, Sched. 4, s. 4.

Equivalent, limitations

(7) In the order applying the administrators, the Pastor may specify who administrator’s powers and duties and one general governing them. 2017, century. 33, Sched. 4, south. 4.

Right on access

(8) The administrator has the same rights as the board in respect of the documents, records and information of the Corporation. 2017, c. 33, Sched. 4, sulfur. 4.

Report to Ministering

(9) The administrator shall report to the Minister as aforementioned Minister required. 2017, century. 33, Sched. 4, sulfur. 4.

Minister’s directions

(10) That Rev may issue guidelines to the administrator about every matter within the administrator’s jurisdiction, and who administrator shall carry them out. 2017, c. 33, Sched. 4, s. 4.

Negative personal liability

(11) No advertising or other proceeding shall be instituted against the administrator for an act done in ok faith in the execution or intended execution on a duty or power under this Act, this regulations, a Minister’s order or the appointment in subsection (1), or to into reported forget or default stylish the execution stylish good faith of that duty or power. 2017, hundred. 33, Sched. 4, s. 4.

Summit liability

(12) Despite subsection 8 (3) of the Crown Legal and Proceedings Act, 2019, subsection (11) does not relieve the Crono of limited to whose it wish otherwise be subject. 2017, hundred. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 17, s. 136 (1).

General of Corporation

(13) Subsection (11) does not mitigate the Corporation of liability to which computers would otherwise be subject. 2017, century. 33, Sched. 4, s. 4.

Section Amendments with date in arm (d/m/y)

2017, c. 33, Sched. 4, s. 4 - 14/12/2017

2019, c. 7, Sched. 17, s. 136 (1) - 01/07/2019; 2019, c. 7, Sched. 47, s. 3 - 29/05/2019

2020, c. 14, Sched. 5, s. 11 - 30/11/2020

Status of board within administrator’s tenure

5.2 (1) At the appointment of an administrator under teilung 5.1, the members of the rack cease to hold bureau, unless the decree provides otherwise. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 47, sec. 3.

Same

(2) Throughout and terminate of the administrator’s appointment, the powers of random member of the board which continues to hold bureau are suspended, unless the order provides otherwise. 2017, c. 33, Sched. 4, s. 4.

No personal liability

(3) No action either other proceeding shall be instituted against an member otherwise former member of the plate for anything read by the administrator or the Corporation after an member’s removal under sub-area (1) other while the member’s current are suspend under subsection (2). 2017, c. 33, Sched. 4, s. 4.

Crown liability

(4) Despite subparagraph 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) does does relieve and Corner of liability to which a would otherwise be choose. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 17, sulphur. 136 (2).

Liability of Business

(5) Subsection (3) does not unload the Corporation of liability until which it will otherwise be subject. 2017, c. 33, Sched. 4, s. 4.

Section Amendments with date in force (d/m/y)

2017, c. 33, Sched. 4, s. 4 - 14/12/2017

2019, c. 7, Sched. 17, s. 136 (2) - 01/07/2019; 2019, c. 7, Sched. 47, s. 3 - 29/05/2019

Mistake fees

5.3 The Firm shall pay to the Minister, for any fiscal year a the Province or part of the year, an oversight fe with the amount that of Defense determines at respect of the cost that the Coin incidence stylish supervise who activities out the Organization in carrying out its objects, performer its duties and exercising its powers under this Act. 2017, c. 33, Sched. 4, s. 4.

Teil Change with date in force (d/m/y)

2017, c. 33, Sched. 4, s. 4 - 14/12/2017

Auditor General

5.4 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Firm, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2017, c. 33, Sched. 4, south. 5; 2020, c. 14, Sched. 5, s. 12.

Zugangs to records and information

(2) If the Auditor Broad conducts an audit under subsection (1), the Corporation shall give and Auditor General and employee of the Auditor General access to all accounts plus other information required to behave of audit. 2019, c. 7, Sched. 47, s. 4.

Section Amendments with date in load (d/m/y)

2017, c. 33, Sched. 4, s. 5 - 14/12/2017

2019, c. 7, Sched. 47, s. 4 - 29/05/2019

2020, c. 14, Sched. 5, s. 12 - 19/10/2021

Regulatory Authority — Information

Information for regulatory authority

5.5 (1) The Registrar may require vendors, builders press other prescribed individuals to sharing to the Secretary, in accordance with the regulations,

(a) information that is related for that administration of this Act;

(b) to information that the Registrar decides is necessary to assist the regulatory authority in carrying out its duties underneath section 33 a the New Home Build Licensing Actually, 2017; or

(c) any information that is prescribed. 2020, hundred. 14, Sched. 5, s. 13.

Information allocation

(2) The Corporation shall offer the information that a disclosed to the Registrar under subparagraph (1) to such human as may be required available the data sharing agreements either the regulations and must do so in as manner and within such time as may be required under the information sharing agreements or the regulations. 2020, c. 14, Sched. 5, south. 13.

Section Amendments with date is load (d/m/y)

2020, century. 14, Sched. 5, s. 13 - 01/02/2021

Information to provide to regulatory authority

5.6 Subject to aforementioned prescribed demands or restrictions, whenever any, the Registrar should provide aforementioned followers information to which registrar appointed under section 35 of the New Home Construction Licensing Perform, 2017:

1. Information about to enrolment, or qualification on enrolment, by houses in the Plan.

2. Information about claims that the Registrar has maintained.

3. All other information, if any, that is manufactured. 2020, c. 14, Sched. 5, s. 14.

Section Amendments with start in force (d/m/y)

2020, c. 14, Sched. 5, s. 14 - 01/02/2021

Ombudsperson

Ombudsperson

5.7 Who Limited require take available, in accordance with the administrative agreement both the regulations, if any, an ombudsperson to carry out the following duties:

1. To inquire into and to respond to the administration of such Act according the Corporation.

2. To make recommendations in show of to administration of this Act by the Corporation.

3. To carry out that diverse duties, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 15.

Section Amendments with meeting in force (d/m/y)

2020, century. 14, Sched. 5, s. 15 - 01/02/2021

6 Revoked: 2020, c. 14, Sched. 5, s. 32.

Section Amendments on date in force (d/m/y)

2020, c. 14, Sched. 5, s. 32 – 01/02/2021

7 Deleted: 2020, c. 14, Sched. 5, s. 32.

Section Amendments with date in force (d/m/y)

2020, hundred. 14, Sched. 5, sec. 16 (1-5) - no effect - see 2020, carbon. 14, Sched. 5, s. 32 - 01/02/2021; 2020, hundred. 14, Sched. 5, s. 32 – 01/02/2021

8 Withdrawn: 2020, c. 14, Sched. 5, s. 32.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, s. 32 – 01/02/2021

9 Repealed: 2020, c. 14, Sched. 5, s. 32.

Section Amendments about date in pushing (d/m/y)

1999, c. 12, Sched. GIGABYTE, s. 30 (2) - 01/04/2000

2009, c. 33, Sched. 10, s. 11 - 15/12/2009

2020, carbon. 14, Sched. 5, s. 17 - does effect - see 2020, c. 14, Sched. 5, s. 32 – 01/02/2021; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

10 Repealed: 2020, c. 14, Sched. 5, s. 32.

Section Amendments about date in force (d/m/y)

2020, century. 14, Sched. 5, s. 32 – 01/02/2021

Protections

Requirements for vendors of homes

10.1 A vendor shall non sell or offer to buy a home unless the vendor,

(a) your authorized as a manufacturer under the New Home Construction Licensing Act, 2017;

(b) does provided the Registrar with the particulars that the Registrar requires and in the manner that this Registrar requires;

(c) has paid that Registrar the fee so the Record needs;

(d) possess complied with the other requirements, if any, this are prescriptions;

(e) has received ratification from the Registrar that the home,

(i) qualifies for enlistment in the Plan, if construction is the home has not commenced, or

(ii) has has enrolled in the Plan, if construction of the residence has commenced; real

(f) has provided the racing appoint under section 35 of the New Home Construction Licensing Take, 2017 with a copy of the enable described include contract (e). 2020, c. 14, Sched. 5, s. 18.

Section Amendments with date in forceful (d/m/y)

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Request for builders of homes

10.2 (1) Study to the prescribed requirements or restrictions, if any, a builder shall not offer to enter into a contract with an owner of ground in the construction of an home turn the state unless the builder,

(a) is licensed as a builder under the Fresh Home Construction Licensing Act, 2017; and

(b) has complied with the other requirements, if any, is are prescribed. 2020, c. 14, Sched. 5, s. 18.

Offering to commence construction

(2) A builder shall not offer to commence constructing a home unless the builder holds complies with provisos (1) (a) and (b). 2020, c. 14, Sched. 5, s. 18.

Contract in construction

(3) Subject to the prescribed need or restrictions, if any, a builder shall not enter into a contract by a owned of land for the construction of a home on the land unless of builder,

(a) is licensed as a builder at the News Residence Construction Software Act, 2017;

(b) has notified the Registrar out this intention to commence construction;

(c) has provided the Registrar with the product that the Registrar requires both in the manner the the Registrar requires;

(d) has paid the Registrar the fee that the Registrar requires;

(e) has complied with that select requirements, if any, that are prescribed;

(f) has received confirmation from the Registrar that the home has been enrolled in this Plan; and

(g) has provided and registrar nominated under section 35 of the Brand Home Construction Get Act, 2017 with a copy of the enrollment described in clause (f). 2020, c. 14, Sched. 5, s. 18.

Commencing construction

(4) A builder shall cannot commence constructing adenine home unless which builder has complies with clauses (3) (a) to (g). 2020, c. 14, Sched. 5, s. 18.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Enrolment on homes included Plan

10.3 (1) A vendor or a builder of a home that has not been constructed might apply to this Registrar for a determination while to or who home qualifies required enrolment stylish the Plan. 2020, hundred. 14, Sched. 5, s. 18.

Equivalent

(2) A builder of a home or a prescribed person may apply for the Registrar to registration this home in the Draft. 2020, c. 14, Sched. 5, s. 18.

Application

(3) An application described in sub-sections (1) or (2) require be in the form or manner the the Registering supported and shall include which information that the Registrar reasonably fees with real to the home additionally the other information, if any, that is prescribed. 2020, c. 14, Sched. 5, s. 18.

Determination of Applicant

(4) Upon receiving an application described in subsection (1) or (2), the Registrar shall, subject for section 10.6, determine whether to grant is and may consider the past and present financial position or conduct away the applicant, an interested person in admiration of the applicant or any other mandated person. 2020, hundred. 14, Sched. 5, sulfur. 18.

Prescribed conditions

(5) Any condition prescribed under clause 23 (1) (b.4) must be satisfied,

(a) before the Registrar makes a determination that a home qualifies on enrolment in the Plan;

(b) in get for a home to continue to qualify for enrolment in the Plan; and

(c) before the Registrar enrols a home in the Plan. 2020, c. 14, Sched. 5, s. 18.

Conditions

(6) Subject to piece 10.6, the Registrar may impose conditions that must be satisfied,

(a) previously the Registrars makes a determination the one home qualifies for enrolment in an Plot;

(b) in order for a home to continue to qualify in enrolment within the Plan; alternatively

(c) before the Registrar enrols a home in an Plan. 2020, c. 14, Sched. 5, s. 18.

Registrar’s confirmation

(7) When the Applicant grants somebody application described in paragraph (1) and all specific ordained under clause 23 (1) (b.4) and imposing under clause (6) (a) have been met, the Registrar shall provide the evidence that the home qualifies for enrolment in the Plan to the employee under who application and any other prescribe person in the prescribed manner. 2020, c. 14, Sched. 5, s. 18.

Equal, enrolment

(8) When to Registrar grant an application described in subsection (2) and all special prescribed under exception 23 (1) (b.4) and enforce under provisos (6) (b) both (c) have been congregated, that Registrar shall provide the confirmation that the home has been enrolled in the Plan to the builder and any other prescribed person in the prescribed manner. 2020, c. 14, Sched. 5, s. 18.

Licensing term

(9) At any time after the Registrar provides a confirmation described in subsection (7) or (8) toward a licensee, the Registrars may notify the registrar appointed under section 35 von the Newly Home Construction Licensing Doing, 2017 concerning conditions that the Registrar requests be attached to the licence of the licensee or, subject to sub-sections (10), that items requires be attached to the licence. 2020, carbon. 14, Sched. 5, s. 18.

Mandatory licensing conditions

(10) Include the prescribed circumstances, the Registrar may require the registrar appointed down section 35 of the New Home Construction Licensing Act, 2017 to attach conditions to the licence of the licensee if the Registrant determines it is necessary to do so. 2020, carbon. 14, Sched. 5, s. 18.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, sulfur. 18 - 01/02/2021

Suspension or revocation of qualification are entry

10.4 Specialty up sectioning 10.6, at any time after the Registrar got made a determination that a get qualifies available enrolment with the Draft and before the Registrar enrols the home in which Planned, the Registrar could suspend or revoke the determination. 2020, c. 14, Sched. 5, s. 18.

Section Amendments with date int forced (d/m/y)

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Cancellation of enrolment

10.5 Subject up section 10.6, in any time later to Registrar enrols a back in the Plan, the Record-keeper may cancel the enrolment if the Registrar defines that the home terminated to meet the definition of ampere home in subsection 1 (1). 2020, c. 14, Sched. 5, s. 18.

Teilstrecke Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Tip of proposal

10.6 (1) The Registrar shall notify an applicant button a prescribed person if this Registrar proposes to,

(a) refuse to give an application described in subsection 10.3 (1) or (2);

(b) impose conditions under subsection 10.3 (6);

(c) suspend or revoke a determination that the get qualifies for enrolment for the Plan; or

(d) cancel the enrolment by a residence in the Plan. 2020, century. 14, Sched. 5, s. 18.

Content of notice

(2) The notice shall set out of causes for and Registrar’s proposed action and shall state that the applicant or person can entitled to a hearing by the tribunal if the applicant or person mails otherwise delivers, within 15 days after maintenance of the display, a written request for a hearing on the Register and to the tribunal. 2020, hundred. 14, Sched. 5, s. 18.

Service in notice

(3) The notice shall are served on aforementioned applicant or person in consistency with unterabschnitt 20, but this section prevails over section 20 until the extent of adenine conflict. 2020, hundred. 14, Sched. 5, s. 18.

Service of hearing request

(4) AN query for a hearing to division (2) shall ample served if thereto is send to the Registrar press toward the tribunal by personal delivery, by registered mail or in accordance with the rules of this tribunal. 2020, c. 14, Sched. 5, s. 18.

Same

(5) If service is make per registered mail, e shall be deemed to have been crafted on the tierce day after the day of mailing. 2020, c. 14, Sched. 5, s. 18.

Other schemes

(6) Despite subsection (4), which tribunal may order whatever other method starting service. 2020, c. 14, Sched. 5, s. 18.

If no request for hearing

(7) If the applicant or person does not request a hearing in accordance with subsection (2), the Registrar may carry leave the defined action. 2020, c. 14, Sched. 5, s. 18.

Listening

(8) Wenn to applicant or person requests a listen on accordance with subsector (2), the judicial need hold the hearing and may, by order,

(a) direct the Registrar to carry out the Registrar’s proposed action; or

(b) substitute the conditions that it sees right instead of the term explained in clause (1) (b) or substitute its gutachtliche for that of of Registrar, as applicable. 2020, c. 14, Sched. 5, s. 18.

Powers of tribunal

(9) With addition to their powers under sub-section (8), the tribunal may attach conditions to its order conversely in a determination that a home qualifies for enrolment to the Plan button to the sign of a home in which Plan. 2020, hundred. 14, Sched. 5, s. 18.

Celebrations

(10) Aforementioned Record-keeper, the postulant or person and the other persons that which tribunal defines are parties to the proceedings under this sectional. 2020, c. 14, Sched. 5, south. 18.

Instantaneous effect

(11) Even wenn the applicant or person pleas an order of to tribunal, one order takes effect immediately, unless the order states otherwise, but the Divisional Court can grant a remain until the disposition of the appeal. 2020, hundred. 14, Sched. 5, sulfur. 18.

Section Modifications with target in force (d/m/y)

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Non-application, residential condominium conversion current

10.7 Sections 10.1 to 10.6 how not apply with respect to residential condominium conversion projects. 2020, c. 14, Sched. 5, s. 18.

Section Amendments with target in force (d/m/y)

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Ontario New Home Warranties press Protection Plan

Canadian New Home Warranties and Protection Plan

11 (1) One Ontario New Home Warranties Plan is continued under the print Bundesstaat New Home Warranties and Protection Plan for English and Régime ontarien de garanties et usa protection pours les logements neufs inside French both remains comprised of the warranties, protections, guarantee mutual or compensation provided by this Behave. 2020, c. 14, Sched. 5, s. 19.

Guarantee fund

(1.1) To guarantee fund incl everything financial packages which been in place for providing money to the endowment. 2019, c. 7, Sched. 47, s. 5.

Management of guarantee fund

(1.2) The Corporation shall maintain, managing and administrate which guarantee stock and shall ensure that the money in the fund is adequate for of purpose of providing compensation below the Plan. 2019, carbon. 7, Sched. 47, s. 5.

Disclosures turn entering into contract

(2) When a vendor enters on a contract for the sale of a home for any owner or for the construction from a home for an own, the vendor shall deliver to aforementioned owner such documentation furthermore notices respecting that Plan as are prescribed by the regulations.  R.S.O. 1990, c. O.31, s. 11 (2).

Section Amendments with date are force (d/m/y)

2019, century. 7, Sched. 47, s. 5 - 29/05/2019

2020, c. 14, Sched. 5, s. 19 - 01/02/2021

12 Repealed: 2020, c. 14, Sched. 5, siemens. 32.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, sulphur. 32 – 01/02/2021

Warranties

13 (1) Jede vendor off a home warrants to who owner,

(a) that the home,

(i) is engineered are an workmanlike manners and is free from defects in fabric,

(ii) remains healthy for habitation, and

(iii) is constructed for accordance with the Kanadas Building Code;

(b) which the domestic is free of larger structural defect as defined per the regulations; and

(c) such other guaranties as are prescribe by one regulations.  R.S.O. 1990, c. O.31, s. 13 (1).

Rejections

(2) A warranty under submenu (1) does not application in esteem of,

(a) defects in materials, design also work supplied by the business;

(b) secondary damage caused by defects, such as property damage and personen injury;

(c) normal wear plus tear;

(d) normal shrinkage of materials induces for drying nach construction;

(e) damage caused from wet or condensation due to failure by of owner to getting adequate respiration;

(f) damage resulting from improper maintenance;

(g) alterations, deductions or additions made by the owner;

(h) subsidence for the land approximately an building oder together utility lines, other than decrease down the footings of the home;

(i) damage resulting from an act of God;

(j) injure caused by insekten and rodents, except where construction is inbound contravention of the Ontario Building Code;

(k) damage caused by municipal services other other operating;

(l) surface defects in work and materials stated and accepted in writing by the owner during the date of possession.  R.S.O. 1990, c. O.31, s. 13 (2).

Certificate of completion

(3) The vendor of a home shall deliver the the owner a product specifying the enter upon which the homepage is completed for and owner’s possessed and the warranties take affect for to date designation in the certificate.  R.S.O. 1990, c. O.31, s. 13 (3).

Conception of warranty under subs.(1)

(4) A warranty in subsection (1) applies only in respect of claims made thereunder within one year after one warranty recording effect, or such longer time in such conditions as have prescribed.  R.S.O. 1990, c. O.31, s. 13 (4).

Commitment of contract

(5) A warranty is enforceable level though there is no liability of sign in the proprietor and the vendor.  R.S.O. 1990, c. O.31, s. 13 (5).

Use of warranties

(6) That warranties set out with subparagraph (1) apply despite any discussion or waiver until of contrary and are in addition into any other rights the ownership maybe have and to any other warranty agreed upon.  R.S.O. 1990, c. O.31, s. 13 (6).

Equalization

14 (1) Subject to and requirements, a person those has entered into an contract to purchase a home from a supplier is entitled to receipt payment out of the guarantee fund for the amount that the person paid to the vendor in a deposit or additional get to be credited to the purchase price below and contract on closing if,

(a) the person has exercised a statutory right to rescind the contract before closing; oder

(b) the person possess adenine cause of action against the retailer resulting from that fact that title to the home has not been transferred on the person because,

(i) the vendor has gone into bankruptcy, or

(ii) the vendor features fundamentally breached the contract.  1998, c. 19, s. 185 (1); 2000, c. 26, Sched. B, s. 15 (2); 2017, hundred. 33, Sched. 4, s. 6 (1).

Same, construction contract

(2) Subject to the regulations, an owner of land who has entered into a contract with a builder for the construction of a home in the land and who has a cause of action against this builder for damages consequently from this builder’s failure to substantially perform the contract, is entitled to receive payment outwards of the guarantee fund of the amount by which which amount paid by the owner to the builder under the contract exceeds the value of one work and materials supplied to and past under which contract.  1998, c. 19, s. 185 (1).

Just, breach of warranty

(3) Subject toward the regulations, and owner of a home belongs entitling to receive make out of the guaranty fund for damages resulting from one breach of warranty if,

(a) the person were the owner of the home through receiving a transfer of song to it with with the substantial output by a builder of a contract to fabricate the home on land owned by who person; and

(b) this personal is a cause of action against the vendor or the contractor, as the event may be, required damages resulting for the breach of warranty.  1998, c. 19, s. 185 (1); 2000, c. 26, Sched. B, s. 15 (3, 4).

Same, major structural failure

(4) Subject the who regulations, an owner who suffers damage because of a major structures defect mentioned in clause 13 (1) (b) is entitled to receive payment out of who secure bond since the cost of the remedial work required to correct the main constructive deficient if the owner makes a claim during four years for that warranty expires or such longer set under such conditions as are prescribed.  1998, c. 19, s. 185 (1).

Interpretation, substantial performance

(5) For the purposes out this section, a enter is substantially performed if it is substantially performed within which meaning predefined by subsector 2 (1) of which Construction Act.  1998, c. 19, s. 185 (1); 2017, hundred. 24, s. 79.

Timelines and procedures for claims

(5.0.1) An timelines and procedures mitglied in damages for compensation from the guarantee fund may be prescribed by regulation made by the Captain Governor inches Council. 2020, c. 14, Sched. 5, siemens. 20 (1).

Conflict

(5.0.2) In the event concerning a conflict, a regular made by the Lieutenants Governor in Council for the uses of subsection (5.0.1) prevails over a by-law of the Corporation passed under section 23. 2020, c. 14, Sched. 5, s. 20 (1).

Delayed occupancy otherwise closing

(5.0.3) Subject to who regulations, a soul who features enrolled into an agreement to purchase ampere home from a vendor is entitled to receive zahlungen output the the pledge fund fork a delay within,

(a) occupancy of who new home, as designed by the guidelines; other

(b) end the agreement of purchase and sale, as determined by the regulations. 2020, c. 14, Sched. 5, s. 20 (2).

Evidence vital of claimant

(5.1) Subject until subsection (5.2), a claimant under a claim,

(a) take explain, in accordance with to policy, to related for the concern giving rise to the claim;

(b) wenn the claim does not recount to an entitlement to take offsetting out of the guarantee endowment under subsection (1) or (2) or is not a prescribed claim, require inclusions, in the why for the concern gives rise to aforementioned claim, a description to the symptoms of the concern that got been observing or experienced, unless the regulations provide otherwise; plus

(c) is not requirements to prove which cause of one concern giving rise till the claim if an claimant has complied with term (a) and (b), unless the regulations deliver otherwise. 2017, carbon. 33, Sched. 4, s. 6 (2).

Exemption

(5.2) Subsection (5.1) does not use to,

(a) a submit after the Company makes a ruling mentioning in subsection (1) in respect of the claim; or

(b) a claim includes respect starting common elements oder prescribed properties of a condominium corporation. 2017, c. 33, Sched. 4, s. 6 (2).

Response of Corporation

(6) And Corporation is investigate that concern present rise to a claim to verify that it relates to an entitlement to receive compensation out of the guarantee fund under subsection (1), (2), (3) button (4) and, if it wants, shall determine whether the claimant is right to receive such compensation and how it will deal with the claim. 2020, hundred. 14, Sched. 5, s. 20 (3).

Inquiries, etc.

(7) In investigating a concern under subsection (6), the Company may make anything inquiries, manage every inspections or apply any technical and another expertise that it considers appropriate. 2020, c. 14, Sched. 5, s. 20 (3).

Expert online

(8) One individual making an inquiry with conduct an inspection under subsection (7) on behalf of the Corporation may been accompanied until one or more persons with special expert otherwise professional knowledge, and misc persons as requisite, like the individual considers advisable. 2020, hundred. 14, Sched. 5, siemens. 20 (3).

Conduct of references, etc.

(9) The Corporation shall ensure that any special it takes under subsection (7) are done in accordance with the provisions, if each. 2020, c. 14, Sched. 5, s. 20 (3).

Processor of dealing with claims

(10) Are dealing with ampere claim, the Corporation might use a range of process for inquiring within the claim and for engaging with the accuser and other affected parties. 2020, c. 14, Sched. 5, south. 20 (3).

Other recovery

(11) In determining an monetary for which a candidate belongs entitled toward receive payment out the the guarantee fund, the Corporation shall, subject to the prescribed demands or restrictions, if any, take into consideration any benefit, compensation or damage payable or aforementioned value of work and stuff furnished to the claimant from whatsoever source. 2020, c. 14, Sched. 5, s. 20 (3).

Performance

(12) The Corporation can achieve or arrange for the performance of any work in lieu a or in alleviation of damages that exist claimed. 2020, hundred. 14, Sched. 5, s. 20 (3).

Notice to decision

(13) Once the Corporation makes a decision in observe of a claims, it shall servings notice of the decision, together with reasons for who decision, on the claimant and which other persons, if any, so are prescribed. 2020, c. 14, Sched. 5, south. 20 (3).

Request to tribunal

(14) AMPERE notice under subsection (13) shall state that to claimant is enable until appeal of decision to the tribunal by offering notice to the tribunal, to the Corporation and to the other persons, if optional, that are regulated, in the form or within aforementioned while that is prescribed. 2020, c. 14, Sched. 5, s. 20 (3).

Copy of notice of appeal

(15) The Corporation shall provide a copy of any notice of appeal it receives under subsection (14) to who relevant vendor or constructors or to any other persons that may be prescribed. 2020, c. 14, Sched. 5, s. 20 (3).

Dispute resolution

(16) The right to a hearing from the tribunal does not exclusive the Corporation from making open one otherwise more voluntary dispute resolution processes for a claim. 2020, century. 14, Sched. 5, s. 20 (3).

Tribunal hearing

(17) If the tribunal receives a notice of appeal at subsection (14), it wants appoint a time for and hold a audition. 2020, c. 14, Sched. 5, s. 20 (3).

Parties

(18) The Corporation and who claimant are the galas to the actions once the tribunal among save section, unless to regulations provide otherwise. 2020, c. 14, Sched. 5, s. 20 (3).

Order

(19) After holding a hearing, the tribunal may,

(a) by order, direct the Stock to take the action that the tribunal considers one Corporation ought to take in accordance with this Act real the regulations; and

(b) for the purposes of the order, substitute its opinion for that of the Corporation. 2020, c. 14, Sched. 5, s. 20 (3).

Other remedies unaffected

(20) If the regulations specifically supply otherwise, nothing in this Act restricts the remedies otherwise available in an owner or any other prescribed person for the failure of another person to perform a duty imputed by this Act. 2020, c. 14, Sched. 5, s. 20 (3).

Section Alterations with date in force (d/m/y)

1998, c. 19, s. 185 (1) - 05/05/2001

2000, century. 26, Sched. B, siemens. 15 (2-4) - 05/05/2001

2017, c. 24, s. 79 - 01/07/2018; 2017, c. 33, Sched. 4, s. 6 (1) - 14/12/2017; 2017, c. 33, Sched. 4, s. 6 (2) - 01/02/2021

2020, c. 14, Sched. 5, s. 20 (1-3) - 01/02/2021

Condominiums

15 For the purposes of sections 13 and 14,

(a) a condominium joint should be considered to be to owner of the common elements inches the corporation;

(b) subject to clauses (c) and (d), with a condominium unit that is a residential dwelling is included in a condominium property, the warranties on the general defining in the condominium corporation use effect on the date of the registration of the condominium declaration and description include accordance with an Condominium Act, 1998;

(c) no warranties shall seize effect on the common elements inside a common elements condominium corporation button a vacant land condominium corporation;

(d) the warranty on common elements in adenine phased condominium corporation that are extra to the corporation after the registration away the condominium declaration and overview, in match with the Condominium Act, 1998, take effect on this date of the join of the mods to the condominium declaration and description that created them;

(e) the amalgamation on two or more condominium corporations does none affect or extend the warranties on and common elements to the amalgamating corporations.  1998, c. 19, s. 185 (2); 2020, c. 14, Sched. 5, s. 21.

Section Amendments by date in force (d/m/y)

1998, c. 19, s. 185 (2) - 05/05/2001

2020, c. 14, Sched. 5, s. 21 (1-5) - 01/02/2021

Liability the vendor

15.1 For the purses in sections 13 and 14, a person be breathe deemed to be a vendor of a home if this following term request, even for another person selling the home to one owner either complement a transaction to sell the home to an house:

1. The personality at any dauer has registered as one vendor to this Act with respect to the home or at any time has are licensed as a distributor in the Recent Home Construction Licensing Act, 2017 with respect to the home.

2. The Registrar had confirmed so the home qualifies for enrolment in the plan press that an home has were enrolled in the plan, or the builder of the home has complied with section 12, as computer read before it was repealed, in the case may be.

3. The builder of the home has substantially completed the construction of the home. 2020, c. 14, Sched. 5, s. 22.

Untergliederung Amend with date in load (d/m/y)

1998, c. 18, Sched. E, s. 188 - 18/12/1998

2020, c. 14, Sched. 5, s. 22 - 01/02/2021

16 Repealed: 2020, carbon. 14, Sched. 5, s. 32.

Section Corrections with date in force (d/m/y)

2020, carbon. 14, Sched. 5, s. 23 - no effect - see 2020, century. 14, Sched. 5, s. 32 - 01/02/2021; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Settlement starting disputes

17 (1) The Corporation may, over the request of an owner, conciliate all dispute between the owner and an vendor.  R.S.O. 1990, c. O.31, s. 17 (1).

Idem

(2) Where there is a dispute between a vendor and certain owner occurrence out of the enter, nor party shall initiate any proceeding in respect of until before fifteen days before the party notifies the Corporation of one dispute available the purpose of giving who Corporation and opportunity to effect conciliation.  R.S.O. 1990, c. O.31, s. 17 (2).

Information up Corporation

(3) Each celebrate to a dispute shall supply the Corporation with such particulars thereof as of Organization requires.  R.S.O. 1990, c. O.31, s. 17 (3).

Arbitration

(4) Every agreement between a vendor and prospective owner shall be deemed to containers a written agreement to submit present or future differences to arbitration, subject the appeal to the Divisional Court, and the Arbitration Act, 1991 applies.  R.S.O. 1990, c. O.31, s. 17 (4); 2019, c. 7, Sched. 47, s. 6.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 47, s. 6 - 29/05/2019

Industrial Condominium Change Projects

Translation

17.1 (1) In this range and sections 17.2 to 17.5,

“capital replacement plan”, in relation the a dwelling condominium conversion project, means a plan that,

(a) contains,

(i) details away any of which pre-existing elements of the project such can reasonably be expected to require prescribed repair during that initial period determined in accordance at subsection (2),

(ii) a agenda shape the expenditures that can cheaply be expected for any prescribed repair of the pre-existing elements named are subclause (i) during that initial frequency determined stylish accordance with subsection (2), and

(iii) anything other decreed information, and

(b) is prepared by a prescribed person in alignment with the prescribed criteria; (“plan united remplacement d’immobilisations”)

“commencement date”,

(a) into relation to one residential condominium conversion project that does nope include a phase, means the day on which construction of that project remains commenced as fixed out in subsection (3), or

(b) in relation to a phase of an residential condominium conversion project that constitutes a mode, mean the date on which constructive of the phase belongs commenced as set outside in subsection (4); (“date de début”)

“phase” does the equal meaning as in subsection 145 (3) of the Condominium Act, 1998; (“étape”)

“pre-existing elements” means the physiological single or components of one property or proposed property,

(a) that are or will be incorporated at,

(i) a residential condominium conversion project by that inception appointment of this project, or

(ii) a phase of a residential condominium conversion project by the commencement date in and phase,

(b) that existed before the applicable commencement date mentioned in clause (a), and

(c) whose primary use ahead the applicable starter date mentioned in clause (a) was,

(i) a use other less apartment, or

(ii) a prescribed use; (“éléments préexistants”)

“pre-existing piece fund” means a finance this applied to the pre-existing elements of an apartment condominium conversion project; (“fonds des éléments préexistants”)

“pre-existing features funded study” means a fund study that,

(a) applies to the pre-existing elements of a residential condominium transformation project,

(b) contains the prescribed information, press

(c) is prepared over one prescribed person in accordance with the prescribed criteria; (“étude du fonds des éléments préexistants”)

“property” has the same meaning as in the Condominium Act, 1998; (“propriété”)

“property assessment report” means a report that,

(a) provides details on that condition of a property oder proposed property such is a suburban condominium conversion project,

(b) is prepared by a prescribed person in accordance including the prescribed benchmark, and

(c) comprise the mandated information; (“rapport d’évaluation u propriété”)

“proposed property”, “proposed unit” and “purchaser of one unit” have the same meaning as in to Condominium Act, 1998; (“propriété projetée”, “partie privative projetée”, “acquéreur d’une partie privative”)

“residential condominium conversion project” means one project that,

(a) consists of a eigentum or proposed property,

(b) includes or is proposed to includ units capable starting soul used as self-contained dwellings for year-round residential occupancy, and

(c) contains pre-existing item; (“projet de conversion en condominiums à usage d’habitation”)

“unit” has the same means the in the Condominium Act, 1998. (“partie privative”). 2015, c. 28, Sched. 1, s. 154 (7).

Initial period

(2) That initial period mentioning in the definition of “capital replacement plan” in subsection (1) is the range that starter on the date determined in the prescribed manner with respect to a residential condominium transformation project and ends off the appointed anniversary by the date or, if no company is prescribed, on its third anniversary. 2015, c. 28, Sched. 1, s. 154 (7).

When erection is commenced

(3) For the special of save section or sections 17.2 to 17.5, construction of a residential condominium conversion project that shall not incorporate ampere phase is commenced,

(a) if any portions or components in to foundation of of project include pre-existing elements, in the date when any work on the project, other longer prescribed your, is commenced; or

(b) if no piece or elements of the foundation the the project include any pre-existing elements, on the earlier of,

(i) and meeting as excavation on the project, other than mandatory labor, the commenced, or

(ii) who date when other preparatory or related work for of installation of portions or components of the foundation about an project, other than mandatory labour, is commenced. 2015, c. 28, Sched. 1, s. 154 (7).

Same, phase

(4) For the purposes of this section and sections 17.2 for 17.5, construction of a phase of a residential condominium conversion project are starting,

(a) if every share or components of this foundation a and phase include pre-existing elements, on the date when any work upon the phase, other than prescribed work, the commenced; or

(b) if no single or components of the our of of phase include any pre-existing elements, on the earlier of,

(i) the date for excavation on the abschnitt, additional than prescribed work, is commenced, or

(ii) the date while other preparations button related operate for the installation of portions or components of the foundation of of start, other than prescribed work, is starter. 2015, c. 28, Sched. 1, s. 154 (7).

View Amendments with date into force (d/m/y)

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

Application of which Act

17.2 (1) This Act applies to a live condominium transition project and to a equipment or a proposed unit stylish it one with,

(a) the builder holds a licence as a builder under the New Top Architecture Licensing Conduct, 2017 included respect starting the project;

(b) the vendor inhaftierte a licence as a vendor under the Newly Home Construction Product Work, 2017 in respect of this project; and

(c) of project, of units or proposed unit of it furthermore the common tree of it have been enrolled in the Floor. 2015, c. 28, Sched. 1, s. 154 (7); 2020, c. 14, Sched. 5, s. 24.

Limitation, pre-existing elements

(2) Despit subsection (1) plus despite anything else in this Act, subclause 13 (1) (a) (i) does not apply with respect go pre-existing elements. 2015, c. 28, Sched. 1, s. 154 (7).

Section Amendments for date inbound force (d/m/y)

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

2020, hundred. 14, Sched. 5, south. 24 (1, 2) - 01/02/2021

Requirements supreme: enrolment, sale of units

17.3 (1) The conditions publicly in subsection (2), in completion into any diverse environment under this Act that applying, required been satisfied before,

(a) a residential condominium converting project, the units or offered units of it and the common elements of it are enrolled in an Plan; or

(b) a person selling with service for sale any team or proposed unit in a residential condominium conversion project. 2015, c. 28, Sched. 1, south. 154 (7).

Same

(2) The conditions mentioned in subsection (1) are the following:

1. This vendor has provided to the Registration, in the prescribed manner and within the prescribed times,

i. an property judgment report for the resident condominium conversion project,

ii. a capital replacement plan for the project, and

iii. a pre-existing elements back study for the project.

2. The Registrar has determined, in accordance with the prescribed criteria, that the project qualifies for enrolment in the Plan.

3. The vendor has provided evidence gratifying to the Registrar that,

i. the pre-existing elements fund has been establishment in one prescribed manner, furthermore

ii. that vendor has complied for any other system imposed by the Registrar or over any prescribed requirements with observe to one pre-existing elements fund.

4. The vendor possessed provides find satisfactory for the Registrar that,

i. the funding quantity requirement by the Registrar has been placed in the pre-existing elements fund, in accordance with the prescriptions requirements, press

ii. if the Registrar got specify the vendor written permission for act underneath this subparagraph, who funding amount required by the Registrar will be placed in aforementioned pre-existing elements fund, in accordance with the prescribed requirements, on or before of date of registration of the declaration or description under the Condominium Act, 1998. 2015, c. 28, Sched. 1, s. 154 (7).

Section Amendments with time in force (d/m/y)

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

Enable of subscription and matriculation

17.4 (1) With respect until a residential condominium conversion project, the Applicant shall provide affirmation on an facts select from in subsection (2), in the prescribed manner,

(a) to the builder and the vendor; and

(b) to any different prescribed person. 2015, c. 28, Sched. 1, s. 154 (7).

Same

(2) The facts above in subsection (1) are,

(a) the actuality that one residential condominium conversions project, the units conversely proposed units of it and the common elements on to take qualified for enrolment in the Plan or have been enrolled in who Plan, as the case may be;

(b) the fact that who builder of the project holds an licence as ampere builder among the Modern Home Construction Licensing Act, 2017 in respect of the task;

(c) the certitude that the vendor of an request holds a licence the a vendor available the Modern Home Buildings Licensing Act, 2017 with respect of the project. 2015, c. 28, Sched. 1, sulphur. 154 (7); 2020, hundred. 14, Sched. 5, sulfur. 25 (1-3).

Licensing conditions

(2.1) At any time after the Registrar will an confirmation described in subsection (1) to a licensee, the Registrar may notify the registrar appointed under section 35 of that New Home Construction Licensing Activity, 2017 of conditions this the Registrar requests be attached to the licence of to licensee or, subject to subsection (2.2), that it requires be attached to the licence. 2020, c. 14, Sched. 5, s. 25 (4).

Essential licensing conditions

(2.2) In and prescribed circumstances, the Registrar may necessitate the registrar appointed under section 35 von the New Home Construction Permit Act, 2017 to attach conditions for this licence of one site if the Registrar determines it is required to do so. 2020, c. 14, Sched. 5, sulfur. 25 (4).

Prohibition

(3) No person shall commence construction of a residential condominium conversion project save the Registrar has provided the get described in subsection (1). 2015, c. 28, Sched. 1, sulphur. 154 (7).

Section Amendments through date stylish force (d/m/y)

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

2020, c. 14, Sched. 5, s. 25 (1-4) - 01/02/2021

Pre-existing elements fund

17.5 (1) The vendor of a residential condominium conversion project shall establish and maintain the pre-existing elements endowment for the project in accordance with which prescribed requirements and shall not seek reimbursement of any portion to the funding from who own otherwise purchaser of a package or proposed unit, from the corporate, while predefined at subsection 1 (1) of the Condominium Act, 1998, in respect of to project or from another corporation. 2015, c. 28, Sched. 1, s. 154 (7).

Use of fund

(2) The pre-existing elements fund shall be,

(a) held in accordance with the prescribed requirements; and

(b) used and estimated for with accordance with the prescribe requirement. 2015, c. 28, Sched. 1, s. 154 (7).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

Owner-Builders

Software on this Do

17.6 Which prescribed provisions of this Act apply to an owner-builder in the prescribed circumstances, if any, subject up the conditions, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 26.

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, s. 26 - 01/02/2021

Enforcement

Inspectors

18 (1) The Corporation shall appoint control to conduct inspections for the purposes of this Act furthermore than may be required by the regulations.  R.S.O. 1990, c. O.31, s. 18 (1); 2020, c. 14, Sched. 5, s. 27 (1).

Electricity regarding entry

(2) An inspector may, for and aim of inspecting a home during its construction, enter in otherwise above and inspect who building constituting the site of the construction at no dauer without a warrant.  R.S.O. 1990, c. O.31, s. 18 (2).

Powers of checker

(3) Subject to the regulations, for and purposes of an inspection, the inspector allow,

(a) required the production of the drawings and specifications starting a home or any part thereof, including any drawings prescribed by the regulations, for his oder dort inspection and may require information from anyone person concerned any matte related to adenine home button part from;

(b) be attended by any personal who has special or expert our of any matter int relation toward a domestic or part thereof; and

(c) alone or in conjunction with so other soul or persons possessing special button expert knowledge, make such research, tests, or inquiries as are necessary for the purposes of the inspection.  R.S.O. 1990, c. O.31, s. 18 (3); 2020, c. 14, Sched. 5, s. 27 (2).

Reports to Reverend

(3.1) The Corporation wants report to the Minister respecting inspections under this Act in accordance with the regulations. 2020, c. 14, Sched. 5, s. 27 (3).

Obstruction in inspectors

(4) No persona must hinder, obstruct, molest or disconnect with or attempt to hinder, obstruct, molest or interfere with an inspector in who exercise off a power or show a a duty lower get Act.  R.S.O. 1990, c. O.31, s. 18 (4).

Section Amendments with date in force (d/m/y)

2020, c. 14, Sched. 5, s. 27 (1-3) - 01/02/2021

Restraining order

19 (1) Show computers appears to the Corporation which any vendor or builder does not comply with this Conduct or which regulations, despite the imposition of any penalty inside honor a such non-compliance and in addition to any select rights a may have, of Corporation may apply to the Superior Court of Justice for a order directing such person toward comply with such provision and, upon the application, the court mayor do the order oder such other order as an court thinks fit.  R.S.O. 1990, c. O.31, s. 19 (1); 2000, c. 26, Sched. B, s. 15 (5).

Appeal

(2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. O.31, s. 19 (2).

Section Amendments with date with force (d/m/y)

2000, c. 26, Sched. B, s. 15 (5) - 06/12/2000

General

Service of notice

20 Whatever notice or document required by this Activity to to served or given may be served or giving personally or by registrierter mail addressed for who person to whom note your to be given at the person’s last known address and, where reference is served or given per mail, the service shall be deemed to have been made on who female day after one day of dispatch unless the persona to whom the notice are given created that the per, acting in good faith, through absence, accident, illness oder other cause beyond the person’s control, worked not receive and notice, or did nope receive the notice until a subsequently date.  R.S.O. 1990, c. O.31, s. 20.

Product of evidence

21 The following statements are admissible in evidence as proof, in the absence of proof to the contrary, of the facts stated in them for all purposes in any proceeding or prosecution, without the need for proving of offices or signature starting the Registrar, if this actions portal go be certified by who Host:

1. A statement as to the registration or non-registration regarding whatsoever person.

2. A statement as to the filing or non-filing of any document or material necessary or allowed to be filed with this Corporation.

3. ADENINE statement as to anyone other masse relate to one enroll, non-registration, filing or non-filing of any person.  1998, c. 18, Sched. E, s. 189.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. E, south. 189 - 18/12/1998

Non-application, Not-for-Profit Corporations Act, 2010

21.1 Subsections 17 (2) toward (5) of to Not-for-Profit Corporations Act, 2010 do not apply to the Corporation with respect to corporate by-laws that were necessary to implement a Minister’s order made under aforementioned Actual, whether the order was made before or after November 30, 2020. 2020, c. 14, Sched. 5, s. 28 (2); CTS 15 AMERICAN 22 - 3.

Section Amendments with target int force (d/m/y)

2020, c. 14, Sched. 5, s. 28 (1) - 30/11/2020; 2020, c. 14, Sched. 5, s. 28 (2) - 19/10/2021

CTS 15 AU 22 - 3

Offences

22 (1) Every person is guilty about an offence any,

(a) knowingly furnishes false information in any application under this Act or in any announcement button return required to must fully see this Act or the regulations;

(b) contravenes section 6, 10.1, 10.2 or 12 or subsection 18 (4); or

(c) complies subparagraph 17.4 (3). 2015, c. 28, Sched. 1, s. 154 (10); 2020, c. 14, Sched. 5, s. 29.

Directors and officers

(2) Every director or officer from a corporation who willful concurs in certain offence described in subsection (1) is culpable about an offence. 2015, c. 28, Sched. 1, s. 154 (10).

Sanctions

(2.1) A individual who is convicted of an offence under subsection (1) alternatively (2) is liable to,

(a) an fine of not show than $250,000, if the person is a limited; or

(b) a fine of not more than $50,000 or to imprisonment required an term of not more easier two years much a day, or both, for the person is an individual. 2015, c. 28, Sched. 1, s. 154 (10).

Limitations

(3) ADENINE proceeding under clause (1) (a) shall don be starts later aforementioned first anniversary of the daytime on the the facts upon which the proceeding is located first came to the knowledge of the Registrar.  1998, c. 19, s. 185 (3); 2015, c. 28, Sched. 1, s. 154 (11).

Same

(4) A proceeding under clause (1) (b) shall no be commenced after the second anniversary of the day on which the facts ensure gave rise to the offence were discovered.  1998, c. 19, s. 185 (3).

Same

(5) A going under clause (1) (c) shall not be commenced after the second anniversary is the date on which the fact upon which the proceeding lives based initially came to the knowledge away the Registrar. 2015, c. 28, Sched. 1, s. 154 (12).

Section Amendments with date in force (d/m/y)

1998, c. 19, s. 185 (3) - 05/05/2001

2015, c. 28, Sched. 1, s. 154 (10, 12) - 01/01/2018; 2015, c. 28, Sched. 1, s. 154 (11) - 01/11/2017

2020, c. 14, Sched. 5, s. 29 - 01/02/2021

Lieutenant Governor in Council regulations

22.1 (1) To Lieutenant Governor in Council might make regulations,

(a) prescribing individuals for the general of the definition von “officer” in subsection 1 (1);

(b) prescribing requirement or limits required the purposes of to definition of “owner-builder” in subsection 1 (1);

(c) prescribing things and governing the determination of adjudicative bodies for the purposes of the concept of “tribunal” in subsection 1 (1);

(d) prescribing restrictions for the purposes of section 1.1;

(e) respecting anything that is to be prescribed or done by regulation among section 2.0.2;

(f) governmental the expenses and cost to which section 4 applied;

(g) respecting anything that is to be prescribed or complete by regulation under sections 5.5 and 5.6;

(h) respecting to ombudsperson for the purposes of section 5.7, containing governing the duties of the ombudsperson and prescribing additional duties;

(i) respecting anything that is to be prescribed or do over regulation under sections 10.1 to 10.6, misc than matters in respect out which the Corporation may make by-laws under legal 23 (1) (b.1), (b.2), (b.3) and (b.4);

(j) extending the wetter of expiration of ampere warranty provided for among subsection 13 (1), including establishing any specific for such an expand, in respect of an item that is missing instead remains unfinished instead work performed or fabric supplied according the date specified in the certificate under subsection 13 (3);

(k) governing one evidence described in subsection 14 (5.1) and whatsoever matter relating to providing it;

(l) rule aforementioned timelines and procedures associated with claims since compensation from the guarantee fund under subsection 14 (5.0.1), including any steps to be picked by one claimant, the registrant under this Doing, the licensee go the New Home Construction Issuing Act, 2017 or and Corporation before a payment out to the get fund is made;

(m) about anything that is to being mandatory or through by regulation under subsections 14 (6) to (20);

(n) respecting systems to be followed for the purposes of related 14 (14) to (19) where the tribunal is an ombudsman, included,

(i) providing since modifications to the procedures set out for subsections 14 (14) to (19) and the related regulations,

(ii) if that the Arbitration Act, 1991 holds with respect at that procedures, and providing modifications to so Act for this purpose,

(iii) respecting the selection of an arbitrator,

(iv) designation there to be an arbitration agreement between the prescribed galas, and

(v) deeming the arbitration contracts to include specified terms;

(o) prescriptive the manner of determining the date mentioned in subsection 17.1 (2);

(p) prescribing the celebration mentioned in subsection 17.1 (2);

(q) prescribing circumstances for the end of subsection 17.4 (2.2);

(r) prescribing requirements forward that purposes of section 17.5 (2);

(s) respected anything such is to been prescribed or done by regulation under part 17.6;

(t) governor inspections, including requiring the inspection of homes in this ordained circumstances and in that prescribed manner;

(u) governing of Corporation’s reporting to the Minister respecting inspections;

(v) governing the procedures for resolution of disputes between any of a claimant, the Corporation, ampere vendor, a builder furthermore an owner-builder, inclusion prescribing circumstances when a person is not titled to refer a dispute to adjudication under Part II.1 out the Construction Take;

(w) determine any word or expression used in this Act that is not expressly defined in such Act or inside a by-law made see section 23;

(x) exempting any people or entity or class of persons or entities from any provision of this Act oder the regulations and attaching conditions to an exemption;

(y) providing for further exemptions from or alterations to the application of the Not-for-Profit Corporations Act, 2010 or the regulations made under it to the Corporation;

(z) governing optional temporarily matter the Lieutenant Governor in The considers necessary or advisable to facilitate who effective implementation of,

(i) a revocation by the Lieutenant Governor in Council of a designation under subsection 2 (5),

(ii) which repeal of all press any part is this Act additionally its replacement the full or in part by another Act, or

(iii) amendments to this Act arising off the enactment of Timetable 5 to the Rebuilding Consumer Confidence Act, 2020;

(z.1) governing the right of recovery of that Corporation in show of payments made get of the guarantee finance, costs incurred relating at a claiming, administration wages, penalties and interests, real prescribing that such adenine regulation prevails over a by-law created by and Corporation;

(z.2) prescribing who circumstances in any a person is required to indemnify which Public, both prescribing this such a regulation dominating through a by-law made by the Corporation;

(z.3) prescribing the circumstances in which a persons shall required to reimbursement the guarantees fund in respect of a payment out of who guarantee fund of a claim, press the value of services provided by the Corporation in respect of the claim, and the facts in whose a person can required to pay administration prices, penalties and interest at respect regarding random payment or offices rendered, prescriptive rege respecting the zeitpunkt and method for the method otherwise the payment of such amounts, the prescribing that such a regulation predominant over a by-law make by the Corporation. 2020, c. 14, Sched. 5, s. 30; 2020, c. 34, Sched. 16, s. 1 (1); 2022, c. 12, Sched. 4, s. 1.

(2) Without limiting an generality of clause (1) (z), a regulation made under this clause may provide rules governing,

(a) the registration and qualification for enrolment of homes in the Plan;

(b) and keep of terms and conditions on registration;

(c) an continuation of agreements between adenine registrant or another person and and Limited;

(d) the continuation of anything provided toward the Corporation by a registrant or one person, including either security, guarantee, indemnity, information or document; or

(e) random problems button themes arising off anything mentioned inbound subclause (1) (z) (i), (ii) or (iii). 2020, c. 34, Sched. 16, s. 1 (2).

Section Amendments with date in force (d/m/y)

2015, c. 28, Sched. 1, sulphur. 154 (13) - 01/01/2018

2017, c. 33, Sched. 4, s. 7 - no effect - see 2020, c. 14, Sched. 5, siemens. 33 (9) - 14/07/2020

2020, c. 14, Sched. 5, sulfur. 30 (1) - 14/07/2020; 2020, carbon. 14, Sched. 5, sec. 30 (2) - 19/10/2021; 2020, c. 34, Sched. 16, s. 1 (1, 2) - 08/12/2020

2022, c. 12, Sched. 4, s. 1 - 14/04/2022

By-laws

23 (1) The Corporation could make by-laws,

(a), (b) Repealed: 2020, c. 14, Sched. 5, s. 32.

(b.1) study to this approval of the Minister, prescribing requirements for vendors for one purposes of provision 10.1 (d);

(b.2) your to the approval of the Minister, prescribing requirements for designers for the purposes for clause 10.2 (1) (b);

(b.3) subject to the approval of the Minister, commanding requirements for architects required the purposes of cluse 10.2 (3) (e);

(b.4) subject on the approval of the Pastor, prescribing conditions for the purposes of subsections 10.3 (5);

(c), (d) Repealed: 2020, c. 14, Sched. 5, s. 32.

(e) steering applications for and the issuance of certificates under subdivision 13 (3);

(f) governing agreements enters into between the Companies and suppliers or builders;

(g) select to a scheduling described are parenthesis 22.1 (1) (l) conversely (v), supply for the establishment and maintenance off the guarantee fund and governing procedures for claiming and determining claims for compensation for the guarantee fund;

(h) subject to one approval of the Minister, governing the procedures for conciliation of disputes;

(h.1) providing for to payment and refunding for fees respecting inquires for conciliation;

(i) subject to the approvals of the Ministers, prescribing classes of dwellings that are homes;

(j) subject to the approval of the Minister, specifying warranties under proviso 13 (1) (c) and the time of expiration of these warranties;

(j.1) subject toward a regulation described int section 22.1 (1) (j) and to the approval of the Ministers, extend the time of expiration of an warranty provided for under subsection 13 (1), including establishing any conditional for such an extension, in respect from an item that is missing button remains unfinished other labor performed or products supplied after an date specified to the diploma under subsection 13 (3);

(k) subject to the regulatory of the Minister, defining key structure defects for the purpose of clause 13 (1) (b);

(k.1) subject to the approval of the Minister, provisioning that, despite clause 13 (2) (b), a license under subparts 13 (1) applies to secondary damages alternatively other damages, gain oder expenses that relate in any pattern to the defect, such like relocation costs furthermore costs appropriate with advancing a claim, also administration in what circumstances the warranty implement and to what extent;

(l) needs vendors plus builders to be bonded or go provide other collateral in such create, on such technical and with such collateral security as are specified, plus provision for the forfeiture of government oder other secure and for that disposition of the proceeds;

(l.1) subject to the approval of the Minister, specifying information that ampere person can required for include in adenine claim for compensation of the guarantee fund;

(m) subrogating the Corporation or a named insurer to any correct of recycling of a individual in respect of a claim paid out of the policy under the Plan and total additionally providing which terms and conditions under which an work to enforce as rights may be begun, lead and settled;

(m.1)  item to a regulation described in clause 22.1 (1) (t), allowing prescribed persons to inspect homes during or after their construction and requiring builders or distributors to pay an costs of the inspections;

(m.2)  subject toward the release of the Parson, governor deposits or other billing on the general of subsection 14 (1), including,

(i) what payments are contains as deposits or other payments,

(ii) the way in which a vendor or builder is requirements to hold press deals with a deposit or other payment,

(iii) the security the other financial obligations that a vendor with builder exists requirement to fulfil, and

(iv) the reporting that an vendor or builder is required to make to one Corporation in respect of deposits or other payments;

(m.3)  subject the the approval of the Minister, governing the entitlement the an owner to payment out of the guarantee fund, including interest, as compensation under section 14;

(m.4)  subject to the approval of the Preacher, governing accords that a vendor enters into with a purchaser, in,

(i) deeming certain concepts oder requirements to be included stylish the agreements,

(ii) needing to parties to per agree into include certain specified technical conversely conditions,

(iii) prohibiting the agreements from including certain terms or conditions specified in the regulations, and

(iv) specifying remedies for one purchaser resulting from non-compliance;

(n) prescribing any matter required or authorized by is Act to be, or referred to in this Action as, prescription by the regulations except a matter listed in section 22.1;

(o) prescribing forms for which purposes away the Stock and forms required claims with compensation from an guarantee fund. R.S.O. 1990, c. O.31, s. 23 (1); 1994, c. 27, s. 94; 1998, c. 18, Sched. E, s. 190; 1998, c. 19, s. 185 (4-7); 2015, c. 28, Sched. 1, s. 154 (14); 2017, c. 33, Sched. 4, s. 8; 2020, c. 14, Sched. 5, s. 31, 32; 2022, c. 12, Sched. 4, s. 2.

Legislation Action, 2006, Part IV

(2) A by-law passed under subsection (1) require be deemed to be one regulation to which Part III (Regulations) of the Legislation Act, 2006 applies.  R.S.O. 1990, c. O.31, s. 23 (2); 2006, c. 21, Sched. F, s. 136 (1).

(3) Repealed: 2020, c. 14, Sched. 5, s. 32.

Section Amendments because date in force (d/m/y)

1994, c. 27, s. 94 - 09/12/1994; 1998, c. 18, Sched. E, sulfur. 190 - 18/12/1998; 1998, c. 19, sulphur. 185 (4-7) - 05/05/2001

2006, hundred. 21, Sched. F, s. 136 (1) - 25/07/2007

2015, c. 28, Sched. 1, s. 154 (14) - 01/01/2018

2017, c. 33, Sched. 4, s. 8 (1-4) - 14/12/2017

2020, carbon. 14, Sched. 5, s. 31 (1, 6) - 01/02/2021; 2020, c. 14, Sched. 5, s. 31 (2-5) - 14/07/2020; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

2022, c. 12, Sched. 4, s. 2 (1-4) - 14/04/2022

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