O. Reg. 478/20: ADMINISTRATION OF THE PLAN
filed August 31, 2020 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31
Skip to contentontario regulation 478/20
made under the
Ontario New Home Warranties Plan Act
Made: August 28, 2020
Approved: August 29, 2020
Filed: August 31, 2020
Published on e-Laws: September 1, 2020
Printed in The Ontario Gazette: September 19, 2020
Amending Reg. 892 of R.R.O. 1990
(ADMINISTRATION OF THE PLAN)
1. (1) Section 1 of Regulation 892 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:
“grace period” means a period of time that commences on the day following the end of a relevant claim period or date for request for conciliation, as the case may be, and ends on a day 10 days later, or, if that day is not a business day, on the next business day; (délai de grâce)
(2) The definition of “year-end claim period” in section 1 of the Regulation is revoked and the following substituted:
“year-end claim period” means the period that begins at the end of the grace period following the initial claim period provided for in subsection 4.2 (3) and that ends on the first anniversary of the date of possession. (“période de réclamation de fin d’année”)
2. Subsection 4.1 (3) of the Regulation is revoked.
3. Sections 4.2 and 4.3 of the Regulation are revoked and the following substituted:
Initial Claims
4.2 (1) In this section,
“initial claim form” means the form that the Corporation requires for a warranty claim that an owner submits to the Corporation during the initial claim period and includes a form that is consolidated under subsection (4).
(2) In order to make an initial claim, the owner shall complete and submit to the Corporation an initial claim form.
(3) An owner may submit one or more initial claim forms for a home or amend an initial claim form for a home during the initial claim period or during the following grace period.
(4) If the owner submits more than one initial claim form for a home, or amends an initial claim form, then the Corporation shall consolidate the claims after the grace period following the initial claim period.
(5) If an owner submits one or more initial claim forms to the Corporation as described in subsection (3), the vendor shall have until the end of the 120th day after the grace period described in subsection (3) to repair or resolve the claim items listed on the form or forms that are covered by a warranty.
(6) If the vendor does not repair or resolve all of the claim items listed on the initial claim form by the end of the 120-day repair period provided for in subsection (5), the owner may request a conciliation by contacting the Corporation at any time during the period that begins immediately following the 120-day repair period and that ends after 30 days plus a grace period.
(7) If the owner does not request a conciliation under subsection (6) or if the owner cancels the conciliation requested under that subsection, the owner shall be deemed to have withdrawn all claim items listed on the initial claim form that the vendor does not repair or resolve by the end of the 120-day repair period.
(8) If the owner requests a conciliation under subsection (6), the vendor shall have 30 days after the date of the owner’s request to repair or resolve all of the claim items listed on the initial claim form that are covered by a warranty.
(9) The owner may resubmit a warranty claim in accordance with section 4.3, 4.4 or 4.6 for any claim item that subsection (7) deems the owner to have withdrawn, if the warranty period applicable to the claim item has not expired before the date of resubmission.
(10) Subject to subsection (11), an owner who is the owner of a unit in a residential condominium conversion project and who receives money from the pre-existing elements fund shall, before spending any of the money on the pre-existing elements of the unit in accordance with the expected major repair schedule for the project during the initial period,
(a) if so spending the money could be the subject of a claim under subsection 14 (3) of the Act, make a claim on an initial claim form in respect of the pre-existing elements of the unit and comply with the process specified in this Regulation for making the claim; and
(b) give the vendor in relation to the project and the Corporation the opportunity to inspect the condition of the pre-existing elements of the unit that are the subject of the claim before any work is done on them.
(11) Subsection (10) does not apply to major repairs to pre-existing elements that are not covered by the warranty described in subclause 13 (1) (a) (i) of the Act by virtue of subsection 17.2 (2) of the Act.
(12) An owner who does not comply with subsection (10) shall be deemed to have waived any right to make a warranty claim or to receive compensation from the guarantee fund in respect of the pre-existing elements of the unit.
Year-end Claims
4.3 (1) In this section,
“year-end form” means the form that the Corporation requires for a warranty claim that an owner submits to the Corporation during the year-end claim period and includes a form that is consolidated under subsection (4).
(2) In order to make a year-end claim, the owner shall complete and submit to the Corporation a year-end form.
(3) An owner may submit to the Corporation one or more year-end forms or amend such forms with respect to the home at any time during,
(a) the year-end claim period; or
(b) a grace period following the year-end claim period, as long as the claim items submitted during the grace period were communicated by the owner to the vendor after the date of possession and before the first anniversary of the date of possession in writing and in a manner that the owner and vendor used to communicate information regarding the home.
(4) If the owner submits more than one year-end form for a home, or amends a year-end form, then the Corporation shall consolidate the claims made in accordance with subsection (3) after the grace period described in clause (3) (b).
(5) If an owner submits one or more year-end forms to the Corporation as described in subsection (3), the vendor shall have until the end of the 120th day after the end of the grace period referred to in clause (3) (b) to repair or resolve the claim items that are listed on the form or forms and that are covered by a warranty.
(6) If the vendor does not repair or resolve all of the claim items listed on the year-end form or the consolidated form referred to in subsection (4) by the end of the 120-day repair period provided for in subsection (5), the owner may request a conciliation by contacting the Corporation at any time during the period that begins immediately following the 120-day repair period and that ends after 30 days plus a grace period.
(7) If the owner does not request a conciliation under subsection (6) or if the owner cancels the conciliation requested under that subsection, the owner shall be deemed to have withdrawn all claim items listed on the year-end form that the vendor does not repair or resolve by the end of the 120-day repair period.
(8) If the owner requests a conciliation under subsection (6), the vendor shall have 30 days after the date of the owner’s request to repair or resolve all of the claim items listed on the year-end form that are covered by a warranty.
(9) The owner may resubmit a warranty claim in accordance with section 4.4 or 4.6 for any claim item that subsection (7) deems the owner to have withdrawn, if the warranty period applicable to the claim item has not expired before the date of resubmission.
(10) Subject to subsection (11), an owner who is the owner of a unit in a residential condominium conversion project and who receives money from the pre-existing elements fund shall, before spending any of the money on the pre-existing elements of the unit in accordance with the expected major repair schedule for the project during the initial period,
(a) if so spending the money could be the subject of a claim under subsection 14 (3) of the Act, make a claim on a year-end form in respect of the pre-existing elements of the unit and comply with the process specified in this Regulation for making the claim; and
(b) give the vendor in relation to the project and the Corporation the opportunity to inspect the condition of the pre-existing elements of the unit that are the subject of the claim before any work is done on them.
(11) Subsection (10) does not apply to major repairs to pre-existing elements that are not covered by the warranty described in subclause 13 (1) (a) (i) of the Act by virtue of subsection 17.2 (2) of the Act.
(12) An owner who does not comply with subsection (10) shall be deemed to have waived any right to make a warranty claim or to receive compensation from the guarantee fund in respect of the pre-existing elements of the unit.
Commencement
4. This Regulation comes into force on the later of September 14, 2020 and the day it is filed.
Made by:
Pris par :
Tarion Warranty Corporation:
Tarion Warranty Corporation :
Peter Balasubramanian
Chief Executive Officer and President /
Le president directeur général
Tim Schumacher
Vice President and General Counsel /
Le vice-président et avocat général
Date made: August 28, 2020
Pris le : 28 août 2020
I approve this Regulation.
J’approuve le présent règlement.
La ministre des Services gouvernementaux et des Services aux consommateurs,
Lisa Thompson
Minister of Government and Consumer Services
Date approved: August 29, 2020
Approuvé le : 29 août 2020