O. Reg. 602/20: ADMINISTRATION OF THE PLAN
filed October 30, 2020 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31Skip to content
ontario regulation 602/20
made under the
Ontario New Home Warranties Plan Act
Made: October 29, 2020
Filed: October 30, 2020
Published on e-Laws: October 30, 2020
Printed in The Ontario Gazette: November 14, 2020
Amending Reg. 892 of R.R.O. 1990
(ADMINISTRATION OF THE PLAN)
1. Regulation 892 of the Revised Regulations of Ontario, 1990 is amended by striking out “registrant” wherever it occurs and in each case substituting “licensee”.
2. (1) The definition of “co-share arrangement” in section 1 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
“co-share arrangement” means an arrangement, in respect of a major structural defect claim made under the Act in respect of a condominium project or a home, under which the vendor of the project or the home, as the case may be, agrees in writing to pay the Corporation,
. . . . .
(2) The definition of “principal” in section 1 of the Regulation is revoked.
3. Section 1.1 of the Regulation is revoked and the following substituted:
Confirmation of Final Sale Price
1.1 Upon the sale by a vendor of any home, including a contracted home, the builder or vendor shall provide to the Corporation confirmation of the final sale price, in the form required by the Corporation, to enable the Corporation to confirm or adjust the enrolment fee required by the Registrar.
4. Section 2 of the Regulation is revoked and the following substituted:
Delivery of Documents
2. In connection with the sale or construction of a home, the requirements for the delivery of documents under the Plan are as follows:
1. In the case of a condominium project, promptly following the provision of the required security and other assurances acceptable to the Corporation and the enrolment of the common elements of the condominium project, the Corporation shall, upon request by the vendor, deliver to the vendor a deposit receipt for every dwelling unit for which security and assurances were provided.
2. In connection with purchase agreements signed on or after February 1, 2021, at the place and at the time a purchase agreement is signed by a purchaser, the vendor shall ensure that the following documents are completed, signed as required and attached to each such purchase agreement:
i. The Addendum required by the Corporation, prepared and attached in accordance with Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act.
ii. The Warranty Information Sheet required by the Corporation.
3. In connection with construction contracts signed on or after February 1, 2021, at the place and at the time a construction contract is signed by an owner, the builder shall ensure that the Warranty Information Sheet required by the Corporation is attached to the construction contract.
4. Within 30 days after the signing referred to in paragraph 2 or 3, the vendor or builder, as the case may be, shall submit to the Corporation, in writing, contact information for the purchaser or owner signing the purchase agreement or construction contract, including name, address and email address, if available.
5. On the date of possession, the vendor shall deliver to the owner a combined certificate of completion and possession and warranty certificate.
6. In the case of a condominium project that qualifies for warranty coverage on the common elements under the Act, on or promptly following the date of registration of the condominium corporation, the vendor shall deliver to the condominium corporation a combined certificate of completion and possession and warranty certificate for the common elements.
7. On the pre-delivery inspection date, the vendor shall complete and sign a certificate of completion and possession form and a pre-delivery inspection form approved by the Corporation and deliver a copy of the completed and signed forms to the purchaser or owner, as the case may be.
8. Within 15 days from the date of possession of each home sold by a vendor or constructed by a builder, the vendor or builder, as the case may be, shall submit to the Corporation the completed and signed certificate of completion and possession form mentioned in paragraph 7.
9. Upon the request of the owner or the Corporation, the vendor or builder, as the case may be, shall provide to the owner and the Corporation a completed and signed copy of the pre-delivery inspection form mentioned in paragraph 7.
5. Section 10 of the Regulation is amended by adding the following subsection:
(1.1) Despite subsection (1), any registration or renewal that would have otherwise expired at any time during the period beginning on November 1, 2020 and ending March 31, 2021 shall be deemed to be extended for a period of 150 days from the day it would have otherwise expired.
6. Part III of the Regulation is revoked.
7. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.
(2) Sections 1, 2, 3 and 6 come into force on the later of the day subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force and the day this Regulation is filed.
(3) Section 4 comes into force on the later of February 1, 2021 and the day this Regulation is filed.
Pris par :
Tarion Warranty Corporation:
Tarion Warranty Corporation :
Chief Executive Officer and President / Le président directeur général
Vice President and General Counsel / Le vice-président et avocat général