ontario regulation 293/26

made under the

Ontario New Home Warranties Plan Act

Made: August 25, 2026
Approved: August 26, 2026
Filed: August 27, 2026
Published on e-Laws: August 27, 2026
Published in The Ontario Gazette: September 12, 2026

Amending O. Reg. 165/08

(WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY)

1. The definitions of “purchase agreement” and “purchaser” in section 1 of Ontario Regulation 165/08 are revoked.

2. Section 1.1 of the Regulation is revoked and the following substituted:

Non-application of this Regulation

1.1 This Regulation does not apply to a construction contract.

3. Paragraph 2 of subsection 5 (1) of the Regulation is revoked.

4. Paragraph 2 of subsection 6 (1) of the Regulation is revoked.

5. Paragraph 2 of subsection 7 (1) of the Regulation is revoked.

6. Paragraph 2 of subsection 8 (1) of the Regulation is revoked.

7. (1) Clause 9 (1) (a) of the Regulation is revoked and the following substituted:

(a)  ensure that the parties complete either,

(i)  the document entitled “Freehold Form (Tentative Closing Date)” dated October 7, 2020, or

(ii)  the document entitled “Freehold Form (Firm Closing Date)” dated October 7, 2020;

(2) Subsection 9 (1) of the Regulation, as amended by subsection (1), is revoked and the following substituted:

Delayed closing

(1) If, on or after February 1, 2021 and before January 1, 2027, 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 document entitled “Freehold Form (Tentative Closing Date)” dated October 7, 2020, or

(ii)  the document entitled “Freehold Form (Firm Closing Date)” dated October 7, 2020; and

(b)  ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

8. (1) Clause 10 (1) (a) of the Regulation is revoked and the following substituted:

(a)  ensure that the parties complete,

(i)  the document entitled “Condominium Form (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 document entitled “Condominium Form (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 document entitled “Limited Use Freehold Form (Tentative Occupancy Date – POTL/CEC)” 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 document entitled “Limited Use Freehold Form (Firm Occupancy Date – POTL/CEC)” dated October 7, 2020 if the agreement is for a freehold home on a parcel of tied land for a common elements condominium corporation;

(2) Subsection 10 (1) of the Regulation, as amended by subsection (1), is revoked and the following substituted:

Delayed occupancy

(1) If, on or after February 1, 2021 and before January 1, 2027, 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, as applicable,

(i)  the document entitled “Condominium Form (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 document entitled “Condominium Form (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 document entitled “Limited Use Freehold Form (Tentative Occupancy Date – POTL/CEC)” 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 document entitled “Limited Use Freehold Form (Firm Occupancy Date – POTL/CEC)” dated October 7, 2020, if the agreement is for a freehold home on a parcel of tied land for a common elements condominium corporation; and

(b)  ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

9. The Regulation is amended by adding the following sections:

Purchase Agreements Entered Into on or After January 1, 2027

Delayed closing, freehold home addendum

11. (1) If, on or after January 1, 2027, parties enter into a purchase agreement for a freehold home, the vendor shall,

(a)  ensure that the parties complete either,

(i)  the document entitled “New Freehold Home Addendum (Tentative Closing Date)” dated August 24, 2026, or

(ii)  the document entitled “New Freehold Home Addendum (Firm Closing Date)” dated August 24, 2026; and

(b)  ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

(2) Subsection (1) does not apply in respect of a purchase agreement for a freehold home that is on,

(a)  a unit in a vacant land condominium corporation; or

(b)  a parcel of tied land for a common elements condominium corporation.

Delayed occupancy, condominium home

12. If, on or after January 1, 2027, 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, the vendor shall,

(a)  ensure that the parties complete either,

(i)  the document entitled “New Condominium Home Addendum (Tentative Occupancy Date)” dated August 24, 2026, or

(ii)  the document entitled “New Condominium Home Addendum (Firm Occupancy Date)” dated August 24, 2026; and

(b)  ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

Delayed closing, vacant land condominium home

13. If, on or after January 1, 2027, parties enter into a purchase agreement for a vacant land condominium home, the vendor shall,

(a)  ensure that the parties complete either,

(i)  the document entitled “New Vacant Land Condominium Home Addendum (Tentative Closing Date)” dated August 24, 2026, or

(ii)  the document entitled “New Vacant Land Condominium Home Addendum (Firm Closing Date)” dated August 24, 2026; and

(b)  ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

Delayed occupancy, freehold home, parcel of tied land for a common elements condominium corporation

14. If, on or after January 1, 2027, parties enter into 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 either,

(i)  the document entitled “New Freehold Home on a Parcel of Tied Land Addendum (Tentative Occupancy Date)” dated August 24, 2026, or

(ii)  the document entitled “New Freehold Home on a Parcel of Tied Land Addendum (Firm Occupancy Date)” dated August 24, 2026; and

(b)  ensure that the document required to be completed under clause (a) forms part of the purchase agreement.

Warranty by vendor

15. A vendor to whom subsection 11 (1) or section 12, 13 or 14 applies 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 11 (1) or section 12, 13 or 14, as applicable, even if the vendor has not complied with the applicable provision.

Forms

16. The Corporation shall keep the forms for the documents mentioned in subsection 11 (1) and sections 12, 13 and 14 available for inspection at the offices of the Corporation during normal business hours and shall make them available on the Corporation's website.

Commencement

10. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1 to 6, subsections 7 (2) and 8 (2) and section 9 come into force on the later of the day section 4 of Schedule 1 to the Homeowner Protection Act, 2024 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Tarion Warranty Corporation:
Tarion Warranty Corporation :

Marni Dicker

Chair

Peter Balasubramanian

President & CEO

Date made: August 25, 2026
Pris le : 25 août 2026

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

Le ministre des Services au public et aux entreprises et de l’Approvisionnement,

Stephen Crawford

Minister of Public and Business Service Delivery and Procurement

Date approved: August 26, 2026
Approuvé le : 26 août 2026