New Home Construction Licensing Act, 2017

ONTARIO REGULATION 289/26

ADDENDA AND INFORMATION SHEETS FOR PURCHASE AGREEMENTS

Consolidation Period:  From August 27, 2026 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on January 1, 2027, the day section 4 of Schedule 1 to the Homeowner Protection Act, 2024 comes into force.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

General

Definitions

1. In this Regulation,

“condominium project” means the land and interests appurtenant to the land, as the land and interests are described or proposed to be described in any description required by the Condominium Act, 1998 and includes units and proposed units, as those terms are defined in that Act, that are to be used as new homes; (“projet condominial”)

“new condominium home” means a new home of a type described in clause (c) of the definition of “home” in subsection 1 (1) of the Ontario New Home Warranties Plan Act; (“nouveau logement condominial”)

“new vacant land condominium home” means a new home constructed on a unit in a vacant land condominium corporation and sold by a vendor to a purchaser at the same time as the unit, where occupancy of the new home is not provided before the closing of the sale of the unit; (“nouveau logement condominial de terrain nu”)

“parcel of tied land” means, when used in respect of a common elements condominium corporation, a parcel of land described in clause 139 (1) (a) of the Condominium Act, 1998 to which a common interest of an owner in the common elements condominium corporation attaches under clause 139 (2) (a) of that Act; (“parcelle de bien-fonds lié”)

“vacant land condominium corporation” has the same meaning as in subsection 1 (1) of the Condominium Act, 1998. (“association condominiale de terrain nu”)

Non-application of this Regulation

2. This Regulation does not apply to a construction contract.

Addenda — publicly available

3. The regulatory authority shall make publicly available the documents referred to in clauses 4 (1) (a), 5 (a) and (b), 6 (a), 7 (1) (a) and (b), 8 (a) and (b), 9 (a) and (b) and 10 (a) and (b),

(a) on the regulatory authority’s website; and

(b) at the offices of the regulatory authority during normal business hours.

Purchase Agreements Entered into from July 1, 2022 to December 31, 2026

New freehold home, new vacant land condominium home

4. (1) If, on or after July 1, 2022 and before January 1, 2027, parties have entered into a purchase agreement for a new freehold home or a new vacant land condominium home, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “Freehold Form (Tentative Closing Date)” dated October 7, 2020 and available on the website of the regulatory authority, or

(ii) the document entitled “Freehold Form (Firm Closing Date)” dated October 7, 2020 and available on the website of the regulatory authority; and

(b) ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

(2) Subsection (1) does not apply in respect of a purchase agreement for a new freehold home on a parcel of tied land for a common elements condominium corporation.

New condominium home in condominium project

5. If, on or after July 1, 2022 and before January 1, 2027, parties have entered into a purchase agreement for a new condominium home in a condominium project for which the description has been registered or is proposed to be registered under the Condominium Act, 1998, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “Condominium Form (Tentative Occupancy Date)” dated October 7, 2020 and available on the website of the regulatory authority, or

(ii) the document entitled “Condominium Form (Firm Occupancy Date)” dated October 7, 2020 and available on the website of the regulatory authority;

(b) ensure that the parties complete the document entitled “Information for Buyers of New/Pre-Construction Condominium Homes” dated April 20, 2022 and available on the website of the regulatory authority; and

(c) ensure that the documents required to be completed under clauses (a) and (b) form part of the purchase agreement.

New freehold home — parcel of tied land for a common elements condominium corporation

6. If, on or after July 1, 2022 and before January 1, 2027, parties have entered into a purchase agreement for a new freehold home on a parcel of tied land for a common elements condominium corporation, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “Limited Use Freehold Form (Tentative Occupancy Date – POTL/CEC)” dated October 7, 2020 and available on the website of the regulatory authority, or

(ii) the document entitled “Limited Use Freehold Form (Firm Occupancy Date – POTL/CEC)” dated October 7, 2020 and available on the website of the regulatory authority; and

(b) ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

Purchase Agreements Entered into On or After January 1, 2027

New freehold home

7. (1) If, on or after January 1, 2027, parties enter into a purchase agreement for a new freehold home, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “New Freehold Home Addendum (Tentative Closing Date)” dated August 24, 2026 and available on the website of the regulatory authority, or

(ii) the document entitled “New Freehold Home Addendum (Firm Closing Date)” dated August 24, 2026 and available on the website of the regulatory authority;

(b) ensure that the parties complete the document entitled “Information for Buyers of New Freehold Homes” dated August 24, 2026 and available on the website of the regulatory authority; and

(c) ensure that the documents required to be completed under clauses (a) and (b) form part of the purchase agreement.

(2) Subsection (1) does not apply in respect of a purchase agreement for a new freehold home that is on,

(a) a unit in a vacant land condominium corporation; or

(b) a parcel of tied land for a common elements condominium corporation.

New condominium home in condominium project

8. If, on or after January 1, 2027, parties enter into a purchase agreement for a new condominium home in a condominium project for which the description has been registered or is proposed to be registered under the Condominium Act, 1998, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “New Condominium Home Addendum (Tentative Occupancy Date)” dated August 24, 2026 and available on the website of the regulatory authority, or

(ii) the document entitled “New Condominium Home Addendum (Firm Occupancy Date)” dated August 24, 2026 and available on the website of the regulatory authority;

(b) ensure that the parties complete the document entitled “Information for Buyers of New Condominium Homes” dated August 24, 2026 and available on the website of the regulatory authority; and

(c) ensure that the documents required to be completed under clauses (a) and (b) form part of the purchase agreement.

New vacant land condominium home

9. If, on or after January 1, 2027, parties enter into a purchase agreement for a new vacant land condominium home, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “New Vacant Land Condominium Home Addendum (Tentative Closing Date)” dated August 24, 2026 and available on the website of the regulatory authority, or

(ii) the document entitled “New Vacant Land Condominium Home Addendum (Firm Closing Date)” dated August 24, 2026 and available on the website of the regulatory authority;

(b) ensure that the parties complete the document entitled “Information for Buyers of New Vacant Land Condominium Homes” dated August 24, 2026 and available on the website of the regulatory authority; and

(c) ensure that the documents required to be completed under clauses (a) and (b) form part of the purchase agreement.

New freehold home — parcel of tied land for a common elements condominium corporation

10. If, on or after January 1, 2027, parties enter into a purchase agreement for a new freehold home on a parcel of tied land for a common elements condominium corporation, the vendor shall,

(a) ensure that the parties complete either,

(i) the document entitled “New Freehold Home on a Parcel of Tied Land Addendum (Tentative Occupancy Date)” dated August 24, 2026 and available on the website of the regulatory authority, or

(ii) the document entitled “New Freehold Home on a Parcel of Tied Land Addendum (Firm Occupancy Date)” dated August 24, 2026 and available on the website of the regulatory authority;

(b) ensure that the parties complete the document entitled “Information for Buyers of New Freehold Homes on Parcels of Tied Land” dated August 24, 2026 and available on the website of the regulatory authority; and

(c) ensure that the documents required to be completed under clauses (a) and (b) form part of the purchase agreement.

11. Omitted (revokes other legislation).

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