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New Home Construction Licensing Act, 2017

ONTARIO REGULATION 631/20

APPLICATIONS FOR LICENCES

Consolidation Period: From February 1, 2021 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Application for licence

1. (1) The following are requirements for an application for a licence:

1.  The application must be complete and must be in a form approved by the registrar.

2.  The application must contain a statement of the complete legal name of the applicant and a statement indicating the name under which the applicant is applying to be licensed.

3.  If the applicant is an individual, the application must be accompanied by a criminal record and judicial matters check under the Police Record Checks Reform Act, 2015 for the applicant that is dated no earlier than six months before the date on which the application is submitted to the registrar.

4.  If required by the registrar, the application must be accompanied by a criminal record and judicial matters check under the Police Record Checks Reform Act, 2015 for interested persons, within the meaning of subsection 1 (2) of the Act, in respect of the applicant.

5.  The application must be accompanied by any applicable fee, cost or other charge set by the regulatory authority under clause 29 (1) (b) of the Act.

6.  The application must include all information that the registrar, under subsection 40 (5) of the Act, requests be included in the application.

(2) The applicant shall be responsible for any expense associated with obtaining and submitting information that must be provided to the regulatory authority as part of an application.

Application for renewal of a licence

2. (1) The following are requirements for an application for a renewal of a licence:

1.  The application must be complete and must be in a form approved by the registrar.

2.  If the registrar has made a request under subsection 40 (5) of the Act, the application must include all information and verifications requested.

3.  If the registrar required an applicant or an individual identified for the purposes of paragraph 2 of subsection 5 (2) to complete an examination under section 6, the examination has been completed successfully.

4.  The application must be accompanied by any applicable fee, cost or other charge set by the regulatory authority under clause 29 (1) (b) of the Act.

5.  The application must be received by the registrar no later than 30 days before the licence is set to expire.

(2) Despite paragraph 5 of subsection (1), an application for a renewal of a licence may be submitted after the day that is 30 days before the licence is set to expire if the registrar determines that extenuating circumstances exist.

(3) If the registrar determines that extenuating circumstances exist under subsection (2), the applicant may submit an application that meets the requirements set out in paragraphs 1 to 4 of subsection (1) by the date specified by the registrar.

(4) For greater certainty, if the regulatory authority has set an additional fee, cost or other charge in respect of an application submitted under subsection (3), the application must be accompanied by the additional fee, cost or other charge.

(5) The applicant shall be responsible for any expense associated with obtaining and submitting information that must be provided to the regulatory authority as part of an application.

False statements, application for licence

3. Interested persons, within the meaning of subsection 1 (2) of the Act, are prescribed for the purposes of subclause 38 (1) (a) (iii) of the Act.

Contravention of other legislation, application for licence

4. The following legislation is prescribed for the purposes of subclause 38 (1) (c) (ii) of the Act:

1.  The Ontario New Home Warranties Plan Act.

2.  The Building Code Act, 1992.

Competency

5. (1) The following competency requirements are prescribed for the purposes of clause 38 (1) (e) of the Act:

1.  With respect to an applicant for a licence or a renewal of a licence, competency with respect to,

i.  business planning and management,

ii.  financial planning and management,

iii.  project management and supervision,

iv.  legal issues in housing, and

v.  customer service requirements and requirements imposed by the warranty authority.

2.  With respect to an applicant for a builder’s licence or a renewal of a builder’s licence, in addition to the competencies set out in paragraph 1, competency with respect to,

i.  the requirements of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992 and of Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997, and

ii.  construction technology.

(2) The registrar must be satisfied that each applicable competency requirement set out in subsection (1) is held by at least one of the following persons in connection with an application:

1.  The applicant.

2.  An individual identified by the applicant in the application for a licence or a renewal of a licence.

(3) The registrar may consider the following to be a satisfactory indication that the competency requirements set out in subsection (1) are met by a person mentioned in subsection (2):

1.  The person’s current or past registration in another jurisdiction.

2.  The person’s current or past licence in another jurisdiction.

Supplemental exam and interview

6. (1) The registrar may require an applicant for a licence or a renewal of a licence to complete an examination or to be subject to an interview, or both, if,

(a)  in the case of an applicant for a licence, the applicant has not previously held a licence or a registration;

(b)  the applicant has had an application refused in respect of,

(i)  a licence or a renewal of a licence, or

(ii)  registration or renewal of registration;

(c)  the applicant has previously held a licence or registration that was revoked, suspended or subject to conditions;

(d)  the applicant has previously held a licence or registration and more than two years have elapsed since the applicant’s most recent licence or registration has expired;

(e)  the applicant holds a licence and one or more interested persons, within the meaning of subsection 1 (2) of the Act, in respect of the applicant have changed since the licence or the most recent renewal of the licence was issued;

(f)  the applicant has previously held a registration and one or more interested persons, within the meaning of subsection 1 (2) of the Ontario New Home Warranties Plan Act, in respect of the applicant have changed since the registration or the most recent renewal of the registration was issued;

(g)  a document mentioned in subsection 5 (3) is submitted as an indication that the competency requirements set out in subsection 5 (1) are met; or

(h)  the registrar is of the opinion that an examination or an interview or both are required to determine if the applicant is entitled to a licence or a renewal of a licence.

(2) In this section, a reference to a “registration” is a reference to registration within the meaning of the Ontario New Home Warranties Plan Act as it read immediately before the day this section came into force.

(3) If the applicant has identified an individual for the purposes of paragraph 2 of subsection 5 (2), the registrar may require the individual to complete an examination or to be subject to an interview, or both, if one or more of the circumstances set out in subsection (1) exists.

Further application

7. The time prescribed for the purposes of clause 46 (a) of the Act is one year.

Material change

8. For the purposes of subsection 38 (2) and section 52 of the Act, a change is prescribed as a material change if it meets the following criteria:

1.  The change is to information that a licensee or an applicant for a licence or renewal of a licence has provided to the regulatory authority, including a change to information regarding the business, operations, personnel, assets, liabilities or affairs of the licensee or applicant.

2.  The change is proposed, imminent or implemented.

9. Omitted (provides for coming into force of provisions of this Regulation).

 

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