O. Reg. 636/20: WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY
filed November 6, 2020 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31
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ontario regulation 636/20
made under the
Ontario New Home Warranties Plan Act
Made: October 29, 2020
Approved: November 2, 2020
Filed: November 6, 2020
Published on e-Laws: November 6, 2020
Printed in The Ontario Gazette: November 21, 2020
Amending O. Reg. 165/08
(WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY)
1. (1) Subsection 7 (1) of Ontario Regulation 165/08 is amended by adding “and before subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 came into force” after “October 1, 2012” in the portion before paragraph 1.
(2) Subsection 7 (2) of the Regulation is amended by adding “and before subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 came into force” after “October 1, 2012”.
2. (1) Subsection 8 (1) of the Regulation is amended by adding “and before subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 came into force” after “October 1, 2012” in the portion before paragraph 1.
(2) Subsection 8 (2) of the Regulation is amended by adding “and before subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 came into force” after “October 1, 2012”.
(3) Subsection 8 (6) of the Regulation is amended by adding “and before subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 came into force” at the end.
3. The Regulation is amended by adding the following sections:
Delayed closing after New Home Construction Licensing Act, 2017
9. (1) If, on or after the day subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force, parties enter into a purchase agreement for a freehold home or a vacant land condominium home, the vendor shall,
(a) ensure that the parties complete either,
(i) the Freehold Home Addendum (Tentative Closing Date) dated October 7, 2020, or
(ii) the Freehold Home Addendum (Firm Closing Date) dated October 7, 2020;
(b) ensure that the document required to be completed under clause (a) forms part of the purchase agreement; and
(c) upon request, furnish to the Registrar proof that the requirement in clause (b) is met.
(2) The vendor warrants to the purchaser that the vendor will comply with the requirements applicable to the home that are imposed by section 7 of the applicable Addendum that forms part of the purchase agreement under subsection (1), even if the vendor has not complied with that subsection.
(3) The Corporation shall keep the forms for the documents mentioned in subsection (1) available for inspection at the offices of the Corporation during normal business hours, and shall make them available on the Corporation’s website.
Delayed occupancy after New Home Construction Licensing Act, 2017
10. (1) If, on or after the day subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force, parties enter into a purchase agreement for a condominium home in a condominium project for which the description has been registered or is proposed to be registered under the Condominium Act, 1998 or a purchase agreement for a freehold home on a parcel of tied land for a common elements condominium corporation, the vendor shall,
(a) ensure that the parties complete,
(i) the Condominium Home Addendum (Tentative Occupancy Date) dated October 7, 2020 if the agreement is not for a freehold home on a parcel of tied land for a common elements condominium corporation,
(ii) the Condominium Home Addendum (Firm Occupancy Date) dated October 7, 2020 if the agreement is not for a freehold home on a parcel of tied land for a common elements condominium corporation,
(iii) the Limited Use Freehold Addendum (Tentative Occupancy Date) dated October 7, 2020 if the agreement is for a freehold home on a parcel of tied land for a common elements condominium corporation, or
(iv) the Limited Use Freehold Addendum (Firm Occupancy Date) dated October 7, 2020 if the agreement is for a freehold home on a parcel of tied land for a common elements condominium corporation;
(b) ensure that the document required to be completed under clause (a) forms part of the purchase agreement; and
(c) upon request, furnish to the Registrar proof that the requirement in clause (b) is met.
(2) The vendor warrants to the purchaser that the vendor will comply with the requirements applicable to the home that are imposed by section 7 of the applicable Addendum that forms part of the purchase agreement under subsection (1), even if the vendor has not complied with that subsection.
(3) The Corporation shall keep the forms for the documents mentioned in subsection (1) available for inspection at the offices of the Corporation during normal business hours and shall make them available on the Corporation’s website.
Commencement
4. This Regulation comes 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 it is filed.
Made by:
Pris par :
Tarion Warranty Corporation:
Tarion Warranty Corporation :
Peter Balasubramanian
Chief Excecutive Officer and President / Le Président directeur général
Tim Schumacher
Vice President and General Counsel / Le vice-président et avocat général
Date made: October 29, 2020
Pris le : 29 octobre 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: November 2, 2020
Approuvé le : 2 novembre 2020