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filed December 15, 2017 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31

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ontario regulation 523/17

made under the

Ontario New Home Warranties Plan Act

Made: December 14, 2017
Approved: December 15, 2017
Filed: December 15, 2017
Published on e-Laws: December 18, 2017
Printed in The Ontario Gazette: December 30, 2017

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


1. Subsection 0.1 (1) of Regulation 894 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“condominium corporation” means a corporation as defined in subsection 1 (1) of the Condominium Act, 1998; (“association condominiale”)

“unit” has the same meaning as in subsection 1 (1) of the Condominium Act, 1998. (“partie privative”)

2. The Regulation is amended by adding the following section:

2. In addition to the conditions set out in section 1, the following are conditions of every registration under the Act of a builder or vendor in respect of a residential condominium conversion project:

1. A registrant shall provide a report to the Registrar, in a form satisfactory to the Registrar, that,

i. describes how the registrant will integrate pre-existing elements into the project in compliance with the building code, as defined in subsection 1 (1) of the Building Code Act, 1992, and other applicable construction related laws, and

ii. provides explanatory notes of that description.

2. If a registrant has failed to increase the amount of a pre-existing elements fund in accordance with the requirements of the Act and the regulations, the Registrar may withhold the release of any performance security that the Corporation holds with respect to the registrant, pending payment of the amount or other resolution that is satisfactory to the condominium corporation in respect of the project.

3. If the vendor fails to fund the pre-existing elements fund of the project with the amount required by Ontario Regulation 522/17 (Residential Condominium Conversion Projects – General) made under the Act and in accordance with that Regulation, the registrant agrees that every purchaser of a unit in the project shall have the right to terminate the purchaser’s purchase agreement at any time up until receiving a transfer of title to the unit.

4. Paragraph 3 must be reproduced in every purchase agreement that a registrant enters into with a person for the purchase of a unit in the project.


3. This Regulation comes into force on the latest of,

(a) the day subsection 154 (7) of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force;

(b) January 1, 2018; and

(c) the day this Regulation is filed.

Made by:
Pris par :

Tarion Warranty Corporation

Mark Basciano

Chair /
Le Président du conseil

Howard Bogach

Chief Executive Officer and President /
Le Président directeur général

Date made: December 14, 2017
Pris le : 14 décembre 2017

I approve this Regulation.
J’approuve le présent règlement.

La ministre des Services gouvernementaux et des Services aux consommateurs,

Tracy MacCharles

Minister of Government and Consumer Services

Date made: December 14, 2017
Pris le : 14 décembre 2017