O. Reg. 243/21: GENERAL
filed April 1, 2021 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31
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made under the
Ontario New Home Warranties Plan Act
Made: April 1, 2021
Filed: April 1, 2021
Published on e-Laws: April 6, 2021
Printed in The Ontario Gazette: April 17, 2021
Amending O. Reg. 627/20
(GENERAL)
1. Ontario Regulation 627/20 is amended by adding the following sections:
Evidence required of claimant, ss. 14 (5.1) and (5.2) of the Act
9.1 (1) For the purposes of clause 14 (5.1) (a) of the Act, an explanation of the reasons for the concern giving rise to a claim must be in writing.
(2) For the purposes of clause 14 (5.1) (b) of the Act, a claim that relates to an entitlement to receive payment out of the guarantee fund under subsection 14 (5.0.3) of the Act is a prescribed claim.
(3) Clause 14 (5.1) (c) of the Act does not apply to a claim or in any proceeding relating to the claim after the Corporation has issued a notice of decision under subsection 14 (13) of the Act in respect of the claim.
Expert opinions to be shared with claimant
9.2 (1) Subsections (2) and (3) apply if the following criteria are met:
1. In the course of an investigation under subsection 14 (6) of the Act that commences on or after this section comes into force, the Corporation receives any written technical or expert opinions dated on or after this section comes into force in respect of the claim from one or more third parties.
2. The Corporation issues a report referred to in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act setting out the Corporation’s assessment or finding in respect of the claim mentioned in paragraph 1.
(2) In the circumstances described in subsection (1), the Corporation shall provide the claimant with all opinions referred to in paragraph 1 of subsection (1) when providing the claimant the report referred to in paragraph 2 of subsection (1).
(3) If there is more than one version of an opinion referred to in paragraph 1 of subsection (1), the Corporation shall provide the claimant with only the most recent version of the opinion.
(4) In this section,
“third party” means a person who is not the Corporation or a director, officer or employee of the Corporation.
(5) Nothing in this section shall be interpreted as requiring the disclosure of information that is subject to solicitor-client privilege.
Commencement
2. This Regulation comes into force on the later of July 1, 2021 and the day it is filed.