O. Reg. 445/22: GENERAL

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ontario regulation 445/22

made under the

Ontario New Home Warranties Plan Act

Made: April 28, 2022
Filed: April 28, 2022
Published on e-Laws: April 29, 2022
Printed in The Ontario Gazette: May 14, 2022

Amending O. Reg. 627/20

(GENERAL)

1. Section 1 of Ontario Regulation 627/20 is amended by adding the following definitions:

“condominium project” has the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act; (“projet condominial”)

“purchase agreement” has the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act; (“convention d’achat”)

“purchaser” has the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act; (“acheteur”)

2. Subsection 3 (1) of the Regulation is amended by adding the following paragraphs:

3.1 Information related to the cancellation of condominium projects.

3.2 Information related to the termination of purchase agreements for condominium units.

3. The Regulation is amended by adding the following sections:

Information to be disclosed to Registrar

3.1 Information to be disclosed to the Registrar for the purposes of subsection 5.5 (1) of the Act shall be disclosed to the Registrar in the form and manner and within the time specified by the Registrar.

Information to be disclosed by vendors

3.2 The following is the prescribed information that the Registrar may require vendors to disclose for the purposes of clause 5.5 (1) (c) of the Act:

1. Information related to a condominium project of a vendor that is set out in subparagraphs 6 i to iv of subsection 4 (1) of this Regulation.

2. Information related to a condominium project of a vendor if the vendor was a party to a purchase agreement for a condominium unit in the project and the agreement was terminated, including,

i. a copy of the terminated agreement,

ii. a copy of any written notice the vendor sent to the purchaser that provided notice to the purchaser of the termination of the agreement, and

iii. any other information relevant to the terminated agreement, including the circumstances under which the agreement was terminated.

4. (1) Section 4 of the Regulation is amended by adding the following paragraph:

6. Subject to subsections (2) and (3), information related to a condominium project of a vendor that includes all of the following:

i. Whether the project is in progress, has been cancelled or has been completed.

ii. The number of condominium units that are residential dwellings in the project.

iii. The number of purchase agreements for condominium units in the project that were terminated by the vendor through no fault of the purchaser.

iv. The vendor’s reasons for the termination of the purchase agreements referred to in subparagraph iii.

(2) Section 4 of the Regulation is amended by adding the following subsections:

(2) Paragraph 6 of subsection (1) does not apply to information related to a vacant land condominium corporation or a proposed vacant land condominium corporation.

(3) The Registrar is not required to provide the information set out in paragraph 6 of subsection (1) if, before the day this subsection comes into force, the Registrar confirms that at least one condominium unit that is a residential dwelling in the project has been enrolled in the Plan.

Commencement

5. This Regulation comes into force on the later of January 1, 2023 and the day this Regulation is filed.

 

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