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O. Reg. 321/03: TERMS AND CONDITIONS OF REGISTRATION OF BUILDERS AND VENDORS

filed July 28, 2003 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31

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ontario regulation 321/03

made under the

Ontario New Home Warranties Plan Act

Made: June 10, 2003
Filed: July 28, 2003
Printed in The Ontario Gazette: August 16, 2003

Amending Reg. 894 of R.R.O. 1990

(Terms and Conditions of Registration of Builders and Vendors)

1. Regulation 894 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:

0.1 In this Regulation,

“construction contract”, “date of possession”, “purchase agreement” and “purchaser” have the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990.  (“contrat de construction”, “date de prise de possession”, “convention d’achat” and “acheteur”)

2. (1) Paragraph 5 of section 1 of the Regulation is revoked and the following substituted:

5. The registrant shall from time to time, at the registrant’s expense, furnish to the following persons the documents relating to the Plan that the Registrar reasonably requires to be furnished:

i. The Registrar.

ii. The purchasers who have entered into a purchase agreement with the registrant.

iii. The owners who have entered into a construction contract with the registrant.

iv. The owners of a home to whom the registrant has transferred title to the home.

(2) Section 1 of the Regulation is amended by adding the following paragraphs:

11.1 For every home with a date of possession on or after October 1, 2003, in respect of which the registrant acts as a vendor or a builder, the registrant shall conduct a pre-delivery inspection of the home with either one or both of the purchaser and the purchaser’s designate on or before the date of possession, without charging a fee.

11.2 In every purchase agreement or construction contract entered into on or after October 1, 2003 for a home, in respect of which the registrant acts as a vendor or a builder, the registrant shall include a provision whereby the parties agree that the registrant and either one or both of the purchaser and the purchaser’s designate will, on or before the date of possession, meet at the home and conduct the pre-delivery inspection of the home described in paragraph 11.1.

11.3 In every purchase agreement or construction contract entered into on or after October 1, 2003 for a home, in respect of which the registrant acts as a vendor or a builder, the registrant shall include a provision stating that,

i. the registrant shall deliver to the purchaser, no later than the date of the pre-delivery inspection described in paragraph 11.1, the most current freehold or condominium edition, as applicable, of the document entitled Homeowner Information Package published by the Corporation, and

ii. the document entitled Homeowner Information Package is also available from the Corporation.

11.4 If the Registrar so requests at any time, the registrant shall participate in the training or complete the courses of study that the Registrar reasonably requires.

3. This Regulation comes into force on August 1, 2003.

Passed by the Directors on June 10, 2003.

Ontario New Home Warranty Program:

Al Libfeld

Chair

Harry Herskowitz

Secretary

Confirmed by the members in accordance with the Corporations Act on June 10, 2003.

Harry Herskowitz

Secretary

 

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