O. Reg. 8/23: ADMINISTRATION OF THE PLAN
filed January 24, 2023 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31Skip to content
ontario regulation 8/23
made under the
Ontario New Home Warranties Plan Act
Made: December 15, 2022
Approved: January 19, 2023
Filed: January 24, 2023
Published on e-Laws: January 24, 2023
Printed in The Ontario Gazette: February 11, 2023
Amending Reg. 892 of R.R.O. 1990
(ADMINISTRATION OF THE PLAN)
1. (1) Subsection 6 (3) of Regulation 892 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
(3) In the case of a home of a type referred to in clause (a) or (b) of the definition of “home” in section 1 of the Act, the maximum amount payable to an owner out of the guarantee fund in respect of a claim made under subsection 14 (3), (4) or (5.0.3) of the Act is,
(a) $100,000 if the claim relates to a purchase agreement, or a construction contract, entered into before September 1, 2004 and under which the home has a date of possession before July 1, 2006;
(b) $150,000 if the claim relates to a purchase agreement, or a construction contract, entered into on or after September 1, 2004 and under which the home has a date of possession before July 1, 2006;
(c) $300,000 if the claim relates to purchase agreement, or a construction contract, under which the home has a date of possession on or after July 1, 2006; or
(d) $400,000 if the claim relates to a purchase agreement, or a construction contract, that was entered into on or after July 1, 2023.
(2) Subsection 6 (4) of the Regulation is amended by striking out “subsection 14 (3) or 14 (4)” in the portion before clause (a) and substituting “subsection 14 (3), (4) or (5.0.3)”.
(3) Subsection 6 (12) of the Regulation is amended by striking out “subsection 14 (3) or (4)” and substituting “subsection 14 (3), (4) or (5.0.3)”.
2. The Regulation is amended by adding the following section:
Temporary Relocation Warranty
24. (1) Every vendor of a new home warrants to the owner that if, on or after the date of possession, the home or a material portion of the home is uninhabitable because of a condition that is covered by a warranty, the vendor shall pay the owner the sum of $150 per day for the period that the home or a material portion of the home is uninhabitable, up to a maximum of $15,000 per home.
(2) In lieu of compensation payable under subsection (1), the vendor may, at its expense, provide reasonable alternative accommodation for the displaced inhabitants.
(3) The warranty described in this section applies in respect of homes,
(a) that are sold under purchase agreements, or constructed under construction contracts, that are entered into on or after July 1, 2023; and
(b) for which a written claim is made to the Corporation during the period commencing on the date of possession and ending on the seventh anniversary of the date of possession.
(4) The warranty described in this section also applies if the home is made uninhabitable due to a condition in the common elements covered by warranty.
(5) The warranty described in this section applies only in respect of claims made during the one-year period following the later of,
(a) the date of possession of the home; and
(b) the date on which the home became uninhabitable.
(6) For greater certainty, nothing in this section prevents an owner from being compensated on more than one occasion for different breaches of the warranty, subject to the per-home maximum set out in subsection (1).
3. This Regulation comes into force on the later of July 1, 2023 and the day this Regulation is filed.
Pris par :
Tarion Warranty Corporation:
Tarion Warranty Corporation :
Vice President and General Counsel
Date made: December 15, 2022
Pris le : 15 décembre 2022
I approve this Regulation.
J’approuve le présent règlement.
Le ministre des Services au public et aux entreprises,
Minister of Public and Business Service Delivery
Date approved: January 19, 2023
Approuvé le : 19 janvier 2023