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New Home Construction Licensing Act, 2017, S.O. 2017, c. 33, Sched. 1

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current December 14, 2017 (e-Laws currency date)

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New Home Construction Licensing Act, 2017

S.o. 2017, chapter 33
Schedule 1

Consolidation Period:  From December 14, 2017 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor. (See 2017, c. 33, Sched. 1, s. 91)

Last amendment: 2017, c. 33, Sched. 1, s. 87.

Legislative History: 2017, c. 33, Sched. 1, s. 87.

CONTENTS

PART I
INTERPRETATION

1.

Definitions

PART II
ADMINISTRATION

Delegation

2.

Designation of regulatory authority

3.

Administrative agreement

4.

Information sharing

5.

Compliance by regulatory authority

6.

Review

7.

Conflict

8.

Revocation of designation

9.

Condition precedent for exercise of certain powers

Regulatory Authority

10.

Competency criteria for board members

11.

Composition of the board

12.

Minister’s appointments to board

13.

Appointment of chair

14.

Public access to corporate information

15.

Employees

16.

Not Crown agency

17.

No personal liability, Crown employee

18.

No Crown liability

19.

Indemnification of the Crown

20.

No personal liability, board members and others

21.

Not public money

22.

Audit

23.

Reports

24.

Administrator

25.

Status of board during administrator’s tenure

Powers and Duties of Regulatory Authority

26.

Additional powers

27.

Change to objects

28.

Right to use French

29.

Forms and fees

30.

Advisory councils, advisory process

31.

Duty to inform Minister

32.

Advice to the Minister

33.

Research and public education

34.

Information for warranty authority

Miscellaneous

35.

Registrar

36.

Director

PART III
LICENSING

37.

Licences required

38.

Application for licence

39.

Conditions of licence

40.

Registrar’s powers with hearing

41.

Voluntary cancellation

42.

Expiry of licence

43.

Notice of conditions or proposal

44.

Continuation pending renewal

45.

Immediate suspension

46.

Further application

47.

Licence not transferable

48.

Sale by person other than vendor

PART IV
REGULATION OF LICENSEES

49.

Notice of change of address for service

50.

Notice of change of control

51.

Notice of issue or transfer of shares

52.

Notice of prescribed material change

53.

Disclosures by licensees

54.

Misrepresentations prohibited

55.

Duties of licensees

PART V
COMPLAINTS, DISCIPLINE, INSPECTIONS, INVESTIGATIONS AND ENFORCEMENT

Complaints and Discipline

56.

Complaints

57.

Discipline proceedings

Inspections and Investigations

58.

Inspectors

59.

Inspections without warrant

60.

Appointment of investigators

61.

Investigations with warrant

62.

Seizure of things not specified

63.

Searches in exigent circumstances

Orders and Offences

64.

Order re false advertising

65.

Freeze order, licensees and former licensees

66.

Freeze orders, non-licensees

67.

Compliance order

68.

Immediate compliance order

69.

Appeal

70.

Restraining order

71.

Offences

72.

Orders for compensation, restitution

73.

Default in payment of fines

74.

Liens and charges

Administrative Penalties

75.

Assessors

76.

Order

77.

Appeal

78.

Effect of paying penalty

79.

Enforcement

PART VI
GENERAL

80.

Confidentiality

81.

Service

82.

Public information

83.

Lieutenant Governor in Council regulations

84.

Minister’s regulations

85.

Regulatory authority regulations

86.

Transition

 

PART I
INTERPRETATION

Definitions

1 (1) In this Act,

“administrative agreement” means the agreement described in subsection 3 (1); (“accord d’application”)

“administrative penalty” means an administrative penalty imposed under section 76; (“pénalité administrative”)

“assessor” means an assessor appointed under subsection 75 (2) who is authorized to impose an administrative penalty or the registrar acting as an assessor; (“évaluateur”)

“builder” means, subject to the prescribed requirements or restrictions, if any, a person who arranges for, manages or undertakes the construction of a new home or who agrees to do any of those things, whether the person is acting,

(a) for the purposes of selling or transferring the home, as prescribed,

(b) under a contract with a vendor,

(c) under a contract with an owner, or

(d) in the prescribed circumstances; (“constructeur”)

“common elements” means all the condominium property except the condominium units; (“parties communes”)

“common elements condominium corporation”, “common expenses” and “common interest” have the same meaning as in the Condominium Act, 1998; (“association condominiale de parties communes”, “dépenses communes”, “intérêt commun”)

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

“condominium declaration” means a declaration as defined in subsection 1 (1) of the Condominium Act, 1998; (“déclaration de condominium”)

“condominium property” means property as defined in subsection 1 (1) of the Condominium Act, 1998; (“propriété condominiale”)

“condominium unit” means a unit as defined in subsection 1 (1) of the Condominium Act, 1998; (“partie privative de condominium”)

“delegated provisions” means the provisions of this Act and the regulations that the Lieutenant Governor in Council has designated as such under subsection 2 (2); (“dispositions déléguées”)

“Director” means the Director appointed under subsection 36 (1); (“directeur”)

“employ” means to employ, appoint, authorize or otherwise arrange to have another person act on one’s behalf, including as an independent contractor; (“employer”)

“equity share” means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; (“action participante”)

“information sharing agreement” means any of the agreements described in subsection 4 (3); (“accord d’échange de renseignements”)

“inspector” means an inspector appointed under subsection 58 (2) or the registrar acting as an inspector; (“inspecteur”)

“investigator” means an investigator appointed under subsection 60 (1); (“enquêteur”)

“licensee” means the holder of a licence issued under this Act; (“titulaire de permis”, see also “agréé”)

“Minister” means the Minister of Government and Consumer Services or any other member of the Executive Council to whom the responsibility for the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“new home” means, subject to the prescribed requirements or restrictions, if any, any of the following property and any structure or appurtenance used in conjunction with it:

1. A building that is a residential dwelling, whether detached or attached to one or more other buildings by one or more common walls.

2. A residential dwelling in a building with more than one and less than the prescribed number of residential dwellings, all of which are under the same ownership.

3. In the case of a condominium corporation that is not a common elements condominium corporation,

i. a condominium unit that is a residential dwelling, including the common elements in respect of which the unit has an appurtenant common interest as described in the condominium declaration of the corporation, and

ii. the property owned by the corporation.

4. In the case of a common elements condominium corporation,

i. a parcel of land mentioned in subsection 139 (1) of the Condominium Act, 1998 to which a common interest is attached and that is described in the condominium declaration of the corporation, including the common elements in respect of that common interest, unless the parcel of land is not a residential dwelling, and

ii. the property owned by the corporation.

5. Any other prescribed residential dwelling; (“logement neuf”)

“officer” includes,

(a) the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of a corporation or the regulatory authority,

(b) a partner or general manager and assistant general manager of a partnership,

(c) any other individual designated as an officer by by-law or resolution of an organization,

(d) any other individual who performs functions normally performed by an individual occupying an office described in clause (a), (b) or (c), and

(e) any other prescribed individual; (“dirigeant”)

“owner” means, subject to the prescribed requirements or restrictions, if any, a person who,

(a) first acquires an interest or right in a new home from a vendor,

(b) for the purposes of a new home built under a contract with a person other than a vendor, is the owner of the land who has entered into the contract with the builder, or

(c) is a prescribed successor to the person described in clause (a) or (b); (“propriétaire”)

“owner-builder” means, subject to the prescribed requirements or restrictions, if any, an individual who constructs or manages the construction of a residential dwelling for the individual’s personal use and occupation and who meets the prescribed requirements, if any; (“constructeur-propriétaire”)

“person” means a natural person, corporation, partnership, sole proprietorship, association or other prescribed person or entity; (“personne”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means regulations made under this Act; (“règlements”)

“regulatory authority” means the corporation that the Lieutenant Governor in Council has designated as such under subsection 2 (1); (“organisme de réglementation”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed; (“Tribunal”)

“vendor” means, subject to the prescribed requirements or restrictions, if any, the person who sells or transfers, as prescribed, the prescribed property interest or right of the person in a new home to an owner, whether or not the person is a builder who builds the home under a contract with the owner; (“vendeur”)

“warranty authority” has the same meaning as in the Protection for Owners and Purchasers of New Homes Act, 2017. (“organisme de garantie”)

Interested person

(2) For the purposes of this Act, a person shall be deemed to be an interested person in respect of another person if the person is associated with the other person or if, in the opinion of the registrar,

(a) the person has or may have a beneficial interest in the other person’s activities;

(b) the person exercises or may exercise control either directly or indirectly over the other person; or

(c) the person has provided or may have provided financing either directly or indirectly for the other person’s activities.

Associated persons

(3) For the purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.

PART II
ADMINISTRATION

Delegation

Designation of regulatory authority

2 (1) The Lieutenant Governor in Council may, by regulation, designate a not-for-profit corporation without share capital incorporated under the laws of Ontario as the regulatory authority for the purposes of this Act.

Delegated provisions

(2) The Lieutenant Governor in Council may, by regulation, designate provisions of this Act and the regulations, except for this Part and sections 83, 84 and 85, as the delegated provisions.

Delegation of administration

(3) If the Lieutenant Governor in Council designates a corporation as the regulatory authority, the administration of the delegated provisions is delegated to the authority and the authority shall carry out the administration of the delegated provisions.

Administrative agreement

3 (1) The Lieutenant Governor in Council shall not designate a corporation under subsection 2 (1) until the Minister and the corporation have entered into an agreement to be known as the administrative agreement.

Contents

(2) The administrative agreement shall include, at a minimum, terms related to the following matters:

1. The governance of the regulatory authority.

2. All matters that the Minister considers necessary for the regulatory authority to carry out the administration of the delegated provisions.

3. The maintenance by the regulatory authority of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations.

4. The financial terms of the delegation of the administration of the delegated provisions, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets.

Compliance with operating principle

(3) The administrative agreement shall require the regulatory authority to comply with the principle of promoting the protection of the public interest.

Information sharing

4 (1) The regulatory authority shall share the prescribed information with the Minister, the warranty authority and prescribed persons in accordance with the regulations and in the manner and within the time prescribed.

Personal information

(2) For greater certainty, the prescribed information may include personal information as defined in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act.

Agreements

(3) For the purpose of complying with subsection (1), the regulatory authority shall, in accordance with the regulations, enter into agreements with the Minister, the warranty authority and prescribed persons in the manner and within the time prescribed.

Content of agreements

(4) The information sharing agreements mentioned in subsection (3) shall include the prescribed information, which may include information about,

(a) licence and licence renewal applications;

(b) licence conditions;

(c) licence suspensions;

(d) licence revocations;

(e) complaints made under section 56;

(f) breaches of the code of ethics established under clause 84 (1) (f);

(g) orders made under section 64;

(h) freeze orders made under section 65 or 66;

(i) compliance orders made under section 67 or immediate compliance orders made under section 68;

(j) restraining orders made under section 70;

(k) administrative penalties;

(l) offences; and

(m) other enforcement actions taken by the regulatory authority.

Sharing of enforcement information

(5) An information sharing agreement may also require the sharing of enforcement information regarding actions that the registrar is taking or is proposing to take in relation to matters set out in subsection (4).

Compliance by regulatory authority

5 In carrying out its powers and duties under this Act or the regulations, the regulatory authority shall comply with this Act, the regulations, the administrative agreement, the information sharing agreements and other applicable law.

Review

6 (1) The Minister may,

(a) require that policy, legislative or regulatory reviews related to the powers and duties of the regulatory authority under this Act, the regulations, the administrative agreement or the information sharing agreements be carried out,

(i) by or on behalf of the authority, or

(ii) by a person or entity specified by the Minister; or

(b) require that reviews of the regulatory authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

(i) by or on behalf of the authority, or

(ii) by a person or entity specified by the Minister.

Access to records

(2) If a review is carried out by a person or entity specified by the Minister, the regulatory authority shall give the person or entity specified by the Minister and the employees of the person or entity access to all records and other information required to conduct the review.

Conflict

7 In the event of conflict, this Act and the regulations prevail over,

(a) the administrative agreement and the information sharing agreements;

(b) the Corporations Act, the Corporations Information Act or a regulation made under either of those Acts; and

Note: On the later of the day section 7 comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, clause 7 (b) of the Act is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 33, Sched. 1, s. 87 (1))

(c) the constating documents, by-laws and resolutions of the regulatory authority.

Section Amendments with date in force (d/m/y)

2017, c. 33, Sched. 1, s. 87 (1) - not in force

Revocation of designation

8 (1) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority if the Lieutenant Governor in Council considers it advisable to do so in the public interest.

Revocation for non-compliance

(2) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority if,

(a) the authority has failed to comply with this Act, the regulations, the administrative agreement, any of the information sharing agreements or other applicable law;

(b) the Minister has allowed the authority the opportunity of remedying its default within a specified time period that the Minister considers reasonable in the circumstances; and

(c) the authority has not remedied its default to the Minister’s satisfaction within the specified time period mentioned in clause (b) and the Minister has so advised the Lieutenant Governor in Council.

Same, no restriction on subs. (1)

(3) Nothing in subsection (2) restricts the ability of the Lieutenant Governor in Council to act under subsection (1).

Revocation on request

(4) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority on the terms that the Lieutenant Governor in Council considers advisable in the public interest if the authority requests the revocation.

Non-application of other Act

(5) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of a right under this section to revoke the designation of the regulatory authority.

Transition

(6) If the Lieutenant Governor in Council revokes the designation of the regulatory authority under this section, the Lieutenant Governor in Council may, by regulation, provide for any transitional matter necessary for the effective implementation of the revocation, including,

(a) the transfer, without compensation, of any property, including assets, liabilities, rights, obligations, records, databases, bank accounts and money, that the authority holds in respect of carrying out its activities; and

(b) the assignment, without compensation, of any contracts that the authority has entered into before the revocation.

No Crown liability

(7) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a direct or indirect result of the revocation of the designation of the regulatory authority or any regulation made under subsection (6).

No proceeding

(8) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (7).

Condition precedent for exercise of certain powers

9 The Minister may exercise a power under subsection 24 (1) or any other prescribed provision only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied:

1. The exercise of the power is necessary to prevent serious harm to the interests of the public, purchasers of new homes or owners.

2. An event of force majeure has occurred.

3. The regulatory authority is facing a risk of insolvency.

4. The number of members of the board of the regulatory authority is insufficient for a quorum.

Regulatory Authority

Competency criteria for board members

10 (1) The Minister may, by regulation, establish competency criteria for members of the board of the regulatory authority.

Restriction

(2) A person is qualified to be appointed or elected to the board only if the person meets the competency criteria, if any, established under subsection (1).

Conflict

(3) In the event of a conflict, a regulation made under subsection (1) prevails over a constating document, by-law or resolution of the regulatory authority.

Composition of the board

11 (1) The Minister may, by regulation, provide that no more than a fixed percentage of members of the board of the authority shall be drawn from among the persons or classes of persons that are prescribed.

Conflict

(2) In the event of a conflict, a regulation made under subsection (1) prevails over a constating document, by-law or resolution of the regulatory authority.

Minister’s appointments to board

12 (1) The Minister may appoint at pleasure one or more members to the board of the regulatory authority for a term specified in the appointment.

Majority

(2) The number of members appointed by the Minister shall not form a majority of the board.

Representation

(3) The members appointed by the Minister may include,

(a) representatives of the public, consumer groups, businesses or government organizations; and

(b) representatives of other interests as the Minister determines.

Appointment of chair

13 The Minister may appoint a chair from among the members of the board of the regulatory authority.

Public access to corporate information

14 (1) The regulatory authority shall make available to the public, on its website and by any other means that the authority determines, the following information within the prescribed time:

1. Prescribed information relating to the compensation of board members, officers and employees and relating to any other payments that the authority makes or is required to make to them.

2. Corporate by-laws of the authority.

3. Any other information that is prescribed.

Compensation information

(2) A regulation made under paragraph 1 of subsection (1) may require that the regulatory authority make available to the public under that subsection information relating to the compensation of a board member or officer who is in office on the day this section comes into force or an individual who is an employee on that day, where the information is for a period that begins before that day.

Effect of compliance

(3) If the regulatory authority makes available to the public information relating to compensation in accordance with subsection (1), or in the reasonable belief that action is required by that subsection, no court or person shall find that the authority,

(a) has contravened any Act enacted or regulation made before or after this section comes into force; or

(b) is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement is made before or after this section comes into force.

Processes and procedures

(4) The regulatory authority shall follow the prescribed processes and procedures with respect to providing access to the public to records of the authority and with respect to managing personal information contained in those records.

Employees

15 (1) Subject to the administrative agreement, the regulatory authority may employ or retain the services of any qualified person to carry out any of its powers and duties under this Act or the regulations.

Not Crown employees

(2) The following persons are not employees of the Crown and shall not hold themselves out as such:

1. Persons who are employed or whose services are retained under subsection (1).

2. Members, officers and agents of the regulatory authority.

3. Members of the board of the regulatory authority, including those appointed by the Minister.

Not Crown agency

16 (1) Despite the Crown Agency Act, the regulatory authority is not an agent of the Crown for any purpose and shall not hold itself out as such.

Same

(2) The following persons are not agents of the Crown and shall not hold themselves out as such:

1. Persons who are employed or whose services are retained by the regulatory authority under subsection 15 (1).

2. Members, officers and agents of the regulatory authority.

3. Members of the board of the regulatory authority, including those appointed by the Minister.

No personal liability, Crown employee

17 (1) No action or other proceeding shall be instituted against an employee of the Crown for an act done in good faith in the execution or intended execution of a duty under this Act or the regulations or for an alleged neglect or default in the execution in good faith of that duty.

Tort by Crown employee

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) of this section does not relieve the Crown of liability in respect of a tort committed by an employee of the Crown to which it would otherwise be subject.

No Crown liability

18 (1) No cause of action arises against the Crown, a minister of the Crown, a Crown employee or a Crown agent as a result of any act or omission of a person who is not a minister of the Crown, a Crown employee or a Crown agent, if the act or omission is related, directly or indirectly, to the activities or affairs of the regulatory authority or to the administration of this Act.

No proceeding

(2) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (1).

Indemnification of the Crown

19 The regulatory authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the authority or its members, officers, directors, employees or agents in the execution or intended execution of their powers and duties under this Act, the regulations, the administrative agreement or the information sharing agreements.

No personal liability, board members and others

20 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2) for an act done in good faith in the execution or intended execution of any of the person’s powers or duties under this Act or the regulations or for an alleged neglect or default in the execution in good faith of that power or duty.

Same

(2) Subsection (1) applies to,

(a) members of the board of the regulatory authority;

(b) persons who perform functions under this Act or the regulations as employees, agents or officers of the regulatory authority or as persons whose services it retains;

(c) members of committees of the regulatory authority who perform functions under this Act or the regulations; and

(d) individuals who perform functions under this Act or the regulations.

Liability of regulatory authority

(3) Subsection (1) does not relieve the regulatory authority of liability to which it would otherwise be subject.

Not public money

21 (1) The money that the regulatory authority collects in carrying out its powers and duties under this Act or the regulations is not public money within the meaning of the Financial Administration Act.

Use of money

(2) Subject to section 26 and the administrative agreement, the regulatory authority may use the money described in subsection (1) to carry out activities in accordance with its objects.

Note: On the later of the day subsection 21 (2) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, the English version of subsection 21 (2) of the Act is amended by striking out “objects” at the end and substituting “purposes”. (See: 2017, c. 33, Sched. 1, s. 87 (2))

Section Amendments with date in force (d/m/y)

2017, c. 33, Sched. 1, s. 87 (2) - not in force

Audit

22 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the regulatory authority, other than an audit required under the Corporations Act.

Note: On the later of the day subsection 22 (1) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 22 (1) of the Act is amended by striking out “the Corporations Act” at the end and substituting “the Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 33, Sched. 1, s. 87 (3))

Access to records and information

(2) If the Auditor General conducts an audit under subsection (1), the regulatory authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit.

Section Amendments with date in force (d/m/y)

2017, c. 33, Sched. 1, s. 87 (3) - not in force

Reports

23 (1) The board of the regulatory authority shall report to the Minister on its activities and financial affairs as they relate to this Act, the administrative agreement and the information sharing agreements.

Form and contents

(2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires.

Time for reports

(3) The board of the regulatory authority shall prepare the report for each year and at the other times that the Minister specifies.

Disclosure by board

(4) The board of the regulatory authority shall publish the report on the authority’s website and by any other method within the period and in the manner that the Minister requires.

Administrator

24 (1) Subject to section 9, the Minister may, by order, appoint an individual as an administrator of the regulatory authority for the purposes of assuming control of it and responsibility for its activities.

Notice of appointment

(2) The Minister shall give the board of the regulatory authority the notice that the Minister considers reasonable in the circumstances before appointing the administrator.

Immediate appointment

(3) Subsection (2) does not apply if there are not enough members on the board to form a quorum.

Term of appointment

(4) The appointment of the administrator is valid until the Minister makes an order terminating it.

Powers and duties of administrator

(5) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the regulatory authority.

Same, limitations

(6) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them.

Right of access

(7) The administrator has the same rights as the board in respect of the documents, records and information of the regulatory authority.

Report to Minister

(8) The administrator shall report to the Minister as the Minister requires.

Minister’s directions

(9) The Minister may issue directions to the administrator about any matter within the administrator’s jurisdiction, and the administrator shall carry them out.

No personal liability

(10) No action or other proceeding shall be instituted against the administrator for an act done in good faith in the execution or intended execution of a duty or power under this Act, the regulations, the delegated provisions, a Minister’s order or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power.

Crown liability

(11) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (10) of this section does not relieve the Crown of liability to which it would otherwise be subject.

Liability of regulatory authority

(12) Subsection (10) does not relieve the regulatory authority of liability to which it would otherwise be subject.

Status of board during administrator’s tenure

25 (1) On the appointment of an administrator under section 24, the members of the board of the regulatory authority cease to hold office, unless the order provides otherwise.

Same

(2) During the term of the administrator’s appointment, the powers of any member of the board who continues to hold office are suspended, unless the order provides otherwise.

No personal liability

(3) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the regulatory authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2).

Crown liability

(4) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject.

Liability of regulatory authority

(5) Subsection (3) does not relieve the regulatory authority of liability to which it would otherwise be subject.

Powers and Duties of Regulatory Authority

Additional powers

26 (1) The regulatory authority may carry out activities in addition to those provided for under this Act in accordance with its objects, subject to subsection (2).

Note: On the later of the day subsection 26 (1) comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, the English version of subsection 26 (1) of the Act is amended by striking out “objects” and substituting “purposes”. (See: 2017, c. 33, Sched. 1, s. 87 (4))

Commercial activities

(2) The regulatory authority shall not engage in commercial activity through a person or entity that is related to the authority.

Section Amendments with date in force (d/m/y)

2017, c. 33, Sched. 1, s. 87 (4) - not in force

Change to objects

27 The regulatory authority shall not make any changes to its objects unless the Minister’s written approval is obtained in advance.

Note: On the later of the day section 27 comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, the English version of section 27 of the Act is amended by striking out “objects” and substituting “purposes”. (See: 2017, c. 33, Sched. 1, s. 87 (5))

Section Amendments with date in force (d/m/y)

2017, c. 33, Sched. 1, s. 87 (5) - not in force

Right to use French

28 (1) A person has the right to communicate in French with, and to receive available services in French from, the regulatory authority.

Definition

(2) In subsection (1),

“service” means any service or procedure that is provided to the public by the regulatory authority in carrying out its powers and duties under this Act or the regulations and includes,

(a) responding to inquiries from members of the public, and

(b) any other communications for the purpose of providing the service or procedure.

Board’s duty

(3) The board of directors of the regulatory authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section.

Limitation

(4) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.

Forms and fees

29 (1) The regulatory authority may,

(a) establish forms related to the administration of the delegated provisions and provide for their content;

(b) in accordance with processes and criteria established by the authority and approved by the Minister, set and collect fees, costs or other charges related to the administration of the delegated provisions; and

(c) make rules governing the payment of the fees, costs and charges described in clause (b).

Setting fees

(2) In setting the fees, costs and charges described in clause (1) (b), the regulatory authority may specify their amounts or the method for determining the amounts.

Publication of fee schedule

(3) The regulatory authority,

(a) shall publish the fees, costs and charges, processes, criteria and rules on its website or by any other electronic means required under the administrative agreement; and

(b) may publish that information in any other format that the authority considers advisable.

Advisory councils, advisory process

30 The Minister may require the regulatory authority to,

(a) establish one or more advisory councils;

(b) include, as members of an advisory council, representatives of the public, consumer groups, businesses or government organizations and other persons as the Minister determines; or

(c) undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to this Act.

Duty to inform Minister

31 The regulatory authority shall advise the Minister with respect to,

(a) any material fact that could affect the authority’s ability to perform its duties under this Act or the regulations; or

(b) any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated provisions is carried out properly.

Advice to the Minister

32 (1) The regulatory authority shall advise or report to the Minister on any matter that the Minister refers to it and that relates to this Act or the administration of the delegated provisions.

Suggestions for legislative amendments

(2) The regulatory authority may suggest to the Minister amendments to Ontario legislation that it considers would,

(a) further the purpose of this Act; or

(b) assist the authority in carrying out its powers and duties under this Act or the regulations.

Research and public education

33 (1) The regulatory authority shall participate, as prescribed, in,

(a) doing research into cost-effective building techniques, processes and materials; and

(b) identifying, in co-operation with other organizations, best practices for new home construction.

Consumer education

(2) The regulatory authority shall engage in efforts to support consumer education and awareness about new home construction, ownership and maintenance.

Information for warranty authority

34 (1) The registrar may require vendors, builders and other prescribed persons to disclose to the registrar, in accordance with regulations, the information that is related to the administration of this Act, that is prescribed or that is designed to assist the warranty authority in carrying out its duties under section 36 of the Protection for Owners and Purchasers of New Homes Act, 2017.

Forwarding information

(2) In accordance with the information sharing agreements and the regulations, the regulatory authority shall forward to the warranty authority the information that it collects under subsection (1).

Miscellaneous

Registrar

35 (1) The following person or body shall appoint a registrar for the purposes of this Act and may appoint one or more deputy registrars:

1. The board of the regulatory authority.

2. The Minister, if there is no regulatory authority.

Deputy registrars

(2) A deputy registrar may exercise the powers and perform the duties of the registrar that the registrar specifies and shall, if the registrar so directs, act as the registrar in the registrar’s absence.

If more than one deputy registrar

(3) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (2) at any one time in respect of the powers and duties that the registrar specifies.

Director

36 (1) Subject to subsection (2), the following person or body shall appoint a Director for the purposes of this Act and may appoint one or more Deputy Directors:

1. The board of the regulatory authority.

2. The Minister, if there is no regulatory authority.

Restriction

(2) A person appointed as the registrar or a deputy registrar under section 35 shall not be appointed as the Director or a Deputy Director under subsection (1) of this section.

Deputy Directors

(3) A Deputy Director shall perform the duties that the Director assigns and shall, if directed by the Director, act as the Director in the Director’s absence.

If more than one Deputy Director

(4) If more than one Deputy Director is appointed, only one Deputy Director may act as the Director under subsection (3) at any one time in respect of the powers and duties that the Director specifies.

PART III
LICENSING

Licences required

37 (1) No person shall act or hold oneself out as a vendor, offer to sell or transfer a new home, including as prescribed, or sell or transfer a new home, including as prescribed, unless the person is licensed as a vendor and meets the other prescribed requirements, if any.

Same, builder

(2) No person shall act or hold oneself out as a builder, offer to construct a new home or construct a new home unless the person is licensed as a builder and meets the other prescribed requirements, if any.

Owner-builder

(3) An owner-builder is not a builder unless prescribed otherwise.

Application for licence

38 (1) An applicant is entitled to a licence or a renewal of a licence by the registrar if, in the registrar’s opinion,

(a) the applicant is not a corporation and,

(i) having regard to the past and present financial position of the applicant, all interested persons in respect of the applicant and all other prescribed persons, the applicant can reasonably be expected to be financially responsible in the conduct of business,

(ii) the past and present conduct of the applicant, of all interested persons in respect of the applicant and of all other prescribed persons affords reasonable grounds to believe that the applicant will carry on business in accordance with the law and with integrity and honesty, and

(iii) neither the applicant, nor any employee or agent of the applicant, nor any other prescribed person has made any false statement with respect to the conduct of the applicant’s business;

(b) the applicant is a corporation and,

(i) having regard to its past and present financial position and the past and present financial position of all interested persons in respect of the corporation, the applicant can reasonably be expected to be financially responsible in the conduct of its business,

(ii) having regard to the past and present financial position of its officers and directors and of all interested persons in respect of its officers and directors, the applicant can reasonably be expected to be financially responsible in the conduct of its business,

(iii) the past and present conduct of its officers and directors, of all interested persons in respect of its officers and directors and of all interested persons in respect of the corporation affords reasonable grounds for belief that its business will be carried on in accordance with the law and with integrity and honesty, and

(iv) no officer or director of the corporation has made any false statement with respect to the conduct of the applicant’s business;

(c) neither the applicant, nor any interested person in respect of the applicant, has carried on or is carrying on activities,

(i) that are in contravention of this Act or the regulations, or

(ii) that will be in contravention of this Act, the regulations or prescribed legislation if the applicant is issued a licence;

(d) the applicant is not in breach of a condition of the licence, if the applicant is applying for a renewal of a licence;

(e) the applicant meets the prescribed requirements, if any, including requirements for competency;

(f) the applicant or, if the applicant is a corporation, its directors, officers and other prescribed persons, have complied with all tax laws and regulations that are prescribed; and

(g) granting the licence or the renewal, as the case may be, would not be contrary to the public interest.

Notice of prescribed material change

(2) An applicant for a licence or a renewal of a licence who experiences a material change, as prescribed, at any time shall,

(a) promptly inform the registrar of the change;

(b) promptly answer any inquiries that the registrar has with respect to the change; and

(c) produce any documents or information that the registrar requests with respect to the change within the time that the registrar specifies.

Information from warranty authority

(3) The registrar may request, from the warranty authority,

(a) information about the financial position of an applicant for a licence or a renewal of a licence or a licensee; or

(b) information about any of the other criteria set out in subsection (1) with respect to the person described in clause (a).

Same

(4) The warranty authority shall comply with the request.

Notice to warranty authority

(5) Upon granting an application for a licence or a renewal of a licence, the registrar shall notify the warranty authority that the registrar has granted the application.

Conditions of licence

39 A licence is subject to the conditions,

(a) to which the applicant or licensee consents;

(b) that the registrar applies under subsection 40 (3), (4) or (6);

(c) that the Tribunal orders; or

(d) that are prescribed.

Registrar’s powers with hearing

40 (1) Subject to section 43, the registrar may refuse to license an applicant or renew the licence of a licensee if,

(a) in the registrar’s opinion, the applicant or licensee is not entitled to a licence under subsection 38 (1); or

(b) the applicant or licensee fails or refuses to comply with subsection 38 (2).

Suspension or revocation of licence

(2) Subject to section 43, the registrar may suspend or revoke a licence at any time for any reason that would cause the licensee to be disentitled to the licence.

Conditions

(3) Subject to section 43, the registrar may,

(a) approve the licence or the renewal of a licence on the conditions that the registrar considers appropriate; and

(b) at any time, apply to a licence the conditions that the registrar considers appropriate.

Same

(4) Subject to section 43, the registrar shall apply to a licence the conditions that the warranty authority requires the registrar to attach to the licence under subsection 43 (8) of the Protection for Owners and Purchasers of New Homes Act, 2017.

Request for information

(5) The registrar may request an applicant for a licence or a licensee to provide to the registrar, in the form and within the time period specified by the registrar,

(a) information specified by the registrar that allows the registrar to determine whether the applicant for a licence or the licensee has become disentitled to the licence; and

(b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant for a licence or the licensee is providing or has provided to the registrar.

Consequence for non-compliance

(6) If an applicant for a licence or a licensee fails or refuses to provide the information requested under subsection (5), the registrar may, subject to section 43, refuse to grant the licence or the renewal of licence, suspend or revoke the licence or apply conditions to the licence.

Voluntary cancellation

41 The registrar may cancel a licence upon the request in writing of the licensee and section 43 does not apply to the cancellation.

Expiry of licence

42 (1) A licence expires at the time that is specified in the licence or on the occurrence of an event that is described in the licence.

No application for renewal

(2) A licensee may allow a licence to expire by not applying to renew it before its expiry.

Notice of conditions or proposal

43 (1) The registrar shall notify an applicant or licensee in writing if the registrar proposes to,

(a) refuse, under subsection 40 (1), to grant or renew a licence;

(b) suspend or revoke a licence under subsection 40 (2) or 45 (1);

(c) apply conditions to a licence under subsection 40 (3) to which the licensee has not consented; or

(d) apply conditions to a licence under subsection 40 (4) or (6).

Content of notice

(2) The notice shall set out the reasons for the registrar’s proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal.

Service of notice

(3) The notice shall be served on the applicant or licensee in accordance with section 81.

Service of hearing request

(4) A request for a hearing under subsection (2) is sufficiently served if it is sent to the registrar and to the Tribunal by personal delivery, by registered mail or in accordance with the rules of the Tribunal.

Same

(5) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing.

Other methods

(6) Despite subsection (4), the Tribunal may order any other method of service.

If no request for hearing

(7) If the applicant or licensee does not request a hearing in accordance with subsection (2), the registrar may carry out the proposed action.

Hearing

(8) If the applicant or licensee requests a hearing in accordance with subsection (2), the Tribunal shall hold the hearing and may, by order,

(a) direct the registrar to carry out the registrar’s proposed action; or

(b) substitute its opinion for that of the registrar.

Powers of Tribunal

(9) In addition to its powers under subsection (8), the Tribunal may attach conditions to its order or to a licence.

Parties

(10) The registrar, the applicant or licensee and the other persons that the Tribunal specifies are parties to the proceedings under this section.

Immediate effect

(11) Even if a licensee appeals an order of the Tribunal, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal.

Continuation pending renewal

44 If, within the time prescribed or, if no time is prescribed, before the expiry of the licensee’s licence, the licensee has applied for a renewal of a licence and paid the required fee, the licence shall be deemed to continue until,

(a) the renewal is granted;

(b) the registrar gives the licensee written notice of the registrar’s refusal under section 40 to grant the renewal;

(c) the time for requesting a hearing under section 43 has expired, if the licensee receives a notice of a proposal under that section and does not request such a hearing; or

(d) the Tribunal makes its order, if the licensee receives a notice of a proposal under section 43 and does request such a hearing.

Immediate suspension

45 (1) If the registrar proposes to suspend or revoke a licence under subsection 40 (2) and if the registrar considers it in the public interest to do so, the registrar may, by order, temporarily suspend the licence.

Immediate effect

(2) An order under subsection (1) takes effect immediately.

Expiry of order

(3) If the licensee requests a hearing under section 43, the order expires 15 days after the Tribunal receives the written request for a hearing, but the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period.

Extension of expiry of order

(4) Despite subsection (3), if the Tribunal is satisfied that the conduct of the licensee has delayed the commencement of the hearing, it may extend the time of the expiration for the order,

(a) until the hearing commences; and

(b) once the hearing commences, until the hearing is concluded.

Further application

46 Once a decision of the registrar to refuse a person a licence or a renewal of a licence or to revoke a licence of a person has become final, the person may reapply for a licence only if,

(a) the time prescribed to reapply has passed since the refusal or revocation; and

(b) the person satisfies the registrar that new or other evidence is available or that material circumstances have changed.

Licence not transferable

47 (1) A licence is not transferable.

Trustee in bankruptcy

(2) The appointment of a trustee in bankruptcy, receiver, court-appointed receiver, monitor within the meaning of the Companies’ Creditors Arrangement Act (Canada) or other insolvency agent for a licensee does not result in a transfer of any licence of the licensee, but this Act applies with necessary modifications to the person so appointed who deals with the licence, as if that person were the licensee.

Notice to registrar

(3) Within 15 days after the date of the bankruptcy, as defined in section 2 of the Bankruptcy and Insolvency Act (Canada), or the prescribed insolvency proceeding with respect to a licensee, the trustee in bankruptcy, receiver, court-appointed receiver, monitor within the meaning of the Companies’ Creditors Arrangement Act (Canada) or other insolvency agent shall give the registrar a written notice of the bankruptcy or the prescribed insolvency proceeding, as applicable, together with a written plan specifying how the person so appointed intends to manage the operations of the licensee.

Sale by person other than vendor

48 For purposes of this Act, a person, who at any time is licensed as a vendor and who acts as the vendor of a new home to which a warranty described in subsection 47 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017 applies, continues to be the vendor of the home even if another person sells or transfers, as prescribed, the home to an owner or completes a transaction to sell or transfer, as prescribed, the home to an owner.

PART IV
Regulation of LICENSEEs

Notice of change of address for service

49 (1) Every licensee shall notify the registrar in writing within five days of any change in address for service.

Timing

(2) The registrar shall be deemed to have received a notice under this section on the day on which the registrar actually received it or, if the notice is sent by mail, on the day of mailing.

Notice of change of control

50 (1) When a person ceases to have a controlling interest in a licensee, or acquires a controlling interest in a licensee, the licensee shall promptly notify the registrar.

Review

(2) When the registrar learns of a change of control occurring with respect to a licensee, the registrar may review the licensee’s licence and request the licensee to provide to the registrar, in the form and within the time period specified by the registrar,

(a) information specified by the registrar that allows the registrar to determine whether the licensee has become disentitled to the licence; and

(b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the registrar.

Notice of issue or transfer of shares

51 (1) Every applicant for a licence or renewal of a licence that is a corporation and every licensee that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in,

(a) any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or

(b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer.

Same

(2) Despite subsection (1), if an applicant described in that subsection that is a corporation or a licensee that is a corporation becomes aware of a transfer to which that subsection would otherwise apply after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors.

Calculating number of shares

(3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equal to the total number of votes it carries.

Notice of prescribed material change

52 Every licensee who experiences a material change, as prescribed, at any time shall,

(a) promptly inform the registrar of the change;

(b) promptly answer any inquiries that the registrar has with respect to the change; and

(c) produce any documents or information that the registrar requests with respect to the change within the time that the registrar specifies.

Disclosures by licensees

53 (1) A vendor that enters into an agreement in respect of the sale or other transfer as prescribed of a new home to a purchaser shall deliver to the purchaser the information, if any, that is prescribed and do so in the form and manner prescribed and within the time prescribed, including whether the vendor is required to deliver the information before, at the time of or after entering into the agreement.

Same, builder

(2) A builder that enters into a contract for the construction of a new home with an owner shall deliver to the owner the information, if any, that is prescribed and shall do so in the form and manner prescribed and within the time prescribed, including whether the builder is required to deliver the information before, at the time of or after entering into the contract.

Agreements of vendors with purchasers

(3) An agreement that a vendor enters into with a purchaser shall include the terms or conditions that the regulations deem to be so included and shall not include any term or condition that the regulations prohibit from being so included.

Construction contracts with purchasers

(4) A contract for the construction of a new home that a builder enters into with an owner shall include the terms or conditions that the regulations deem to be so included and shall not include any term or condition that the regulations prohibit from being so included.

Misrepresentations prohibited

54 No licensee shall make a false, misleading or deceptive representation in its advertising, documents or other prescribed materials.

Duties of licensees

55 Every licensee shall take all reasonable precautions to ensure that the licensee and the licensee’s employees and agents comply with this Act, the regulations and orders made by the Director or the Tribunal under this Act or by the discipline committee or appeals committee under section 57.

PART V
Complaints, Discipline, Inspections, Investigations and Enforcement

Complaints and Discipline

Complaints

56 (1) If the registrar receives a complaint about a licensee, the registrar may request information in relation to the complaint from any licensee.

Request for information

(2) A request for information under subsection (1) shall indicate the nature of the complaint.

Duty to comply with request

(3) A licensee who receives a written request for information shall provide the information as soon as is reasonably possible.

Procedures

(4) In handling complaints, the registrar may do any of the following, as appropriate:

1. Attempt to mediate or resolve the complaint.

2. Give the licensee a written warning that if the licensee continues with the activity that led to the complaint, action may be taken against the licensee.

3. Require the licensee to take further educational courses.

4. Require the licensee, in accordance with the terms, if any, that the registrar specifies, to fund educational courses for persons that the licensee employs or to arrange and fund the courses.

5. Refer the matter, in whole or in part, to the discipline committee.

6. Take an action under section 40, subject to section 43.

7. Take further action as is appropriate in accordance with this Act.

Discipline proceedings

57 (1) A discipline committee is established to hear and determine, in accordance with the procedures prescribed by the Minister, if a licensee has failed to comply with the code of ethics established under clause 84 (1) (f).

Appeals committee

(2) An appeals committee is established to consider, in accordance with the procedures prescribed by the Minister, appeals from the discipline committee.

Appointment of members

(3) The board of the regulatory authority shall appoint the members of the discipline committee and the members of the appeals committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of each committee are met.

Result of a determination

(4) If the discipline committee makes a determination under subsection (1) that a licensee has failed to comply with the code of ethics, it may order any of the following, as appropriate:

1. Require the licensee to take further educational courses.

2. Require the licensee, in accordance with the terms, if any, that the committee specifies, to fund educational courses for persons that the licensee employs or to arrange and fund the courses.

3. Impose the fine that the committee considers appropriate, to a maximum of $25,000, or such lesser amount as is prescribed, to be paid by the licensee to the regulatory authority.

4. Suspend or postpone the taking of further educational courses, the funding or the funding and arranging of educational courses or the imposition of the fine for the period and upon the terms that the committee designates.

5. Fix and impose costs that the licensee is required to pay to the regulatory authority.

Appeal

(5) A party to the discipline proceeding may appeal the final order of the discipline committee to the appeals committee.

Power of the appeals committee

(6) The appeals committee may, by order, overturn, affirm or modify the order of the discipline committee and may make an order under subsection (4).

Taking of educational course

(7) A licensee that is required under subsection (4) to take an educational course or to arrange for others to take an educational course under that subsection shall do so,

(a) within the time period specified in the order of the discipline committee, if the requirement is not the subject of an appeal;

(b) within the time period specified in the order of the appeals committee, if the requirement is the subject of an appeal; or

(c) at the first reasonable opportunity after the last order made in respect of the educational course, if no time period is specified in that order.

Arranging and funding educational courses

(8) A licensee that is required under subsection (4) to fund educational courses shall do so,

(a) within the time period specified in the order of the discipline committee, if the requirement is not the subject of an appeal;

(b) within the time period specified in the order of the appeals committee, if the requirement is the subject of an appeal; or

(c) at the first reasonable opportunity after the last order made in respect of the educational course, if no time period is specified in that order.

Payment of fine

(9) The licensee shall pay any fine imposed under subsection (4) on or before,

(a) the day specified in the order of the discipline committee, if the fine is not the subject of an appeal;

(b) the day specified in the order of the appeals committee, if the fine is the subject of an appeal; or

(c) the 60th day after the date of the last order made in respect of the fine, if no day is specified in that order.

Inspections and Investigations

Inspectors

58 (1) The registrar is, by virtue of the registrar’s office, an inspector.

Appointment

(2) The registrar shall appoint persons to be inspectors for the purposes of conducting inspections under this Act.

Certificate of appointment

(3) The registrar shall issue to every inspector a certificate of appointment bearing the registrar’s signature or a facsimile of it.

Proof of appointment

(4) Every inspector who is conducting an inspection under this Act shall, upon request, produce the certificate of appointment as an inspector.

Inspections without warrant

59 (1) An inspector may, without a warrant or court order, conduct an inspection in accordance with this section for the purpose of,

(a) ensuring compliance with this Act and the regulations;

(b) dealing with a complaint under section 56; or

(c) ensuring a licensee remains entitled to a licence.

Power to enter premises

(2) As part of an inspection, an inspector may, without a warrant or court order, enter and inspect, at any reasonable time, the business premises of a licensee.

Expert help

(3) An inspector conducting an inspection under this section may be accompanied by one or more persons with special, expert or professional knowledge, and other persons as necessary, as the inspector considers advisable.

Powers on inspection

(4) While carrying out an inspection, an inspector,

(a) is entitled to free access to all money, valuables, documents and records of the person being inspected that are relevant to the inspection;

(b) may make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the inspection;

(c) may require a person to produce any document or record relevant to the inspection and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the document or record;

(d) may use any data storage, processing or retrieval device or system used to engage in activities of a licensee in order to produce information that is relevant to the inspection and that is in any form;

(e) may, upon giving a receipt for them, remove for examination and copy anything relevant to the inspection, including any data storage disk or other retrieval device in order to produce information, but shall promptly return to the person being inspected the thing that was removed; and

(f) may, alone or in conjunction with the other persons described in subsection (3), make examinations or inquiries or take tests, as are necessary for the purposes of the inspection.

No use of force

(5) An inspector shall not use force to enter and inspect premises under this section.

No obstruction

(6) No person shall obstruct an inspector conducting an inspection or a person accompanying the inspector under subsection (3) or withhold from the inspector or that other person or conceal, alter or destroy any money, documents or records that are relevant to the inspection.

Compliance

(7) If an inspector under clause (4) (c) requires a person to produce a document or record and to provide assistance, the person shall produce the document or record or provide the assistance, as the case may be.

Admissibility of copies

(8) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Appointment of investigators

60 (1) The Director shall appoint persons to be investigators for the purposes of conducting investigations under this Act.

Certificate of appointment

(2) The Director shall issue to every investigator a certificate of appointment bearing the Director’s signature or a facsimile of it.

Proof of appointment

(3) Every investigator who is conducting an investigation under this Act shall, upon request, produce the certificate of appointment as an investigator.

Investigations with warrant

61 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there is reasonable ground for believing that,

(a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for a licence; and

(b) there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for a licence, or

(ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for a licence that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

(2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

(a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

(b) to make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the investigation;

(c) to require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant;

(d) to use any data storage, processing or retrieval device or system used to engage in the activities of a licensee in order to produce information or evidence described in the warrant, in any form; and

(e) to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

(3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

(a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice of the peace authorizes the entry into the dwelling.

Conditions on warrant

(4) A warrant obtained under subsection (1) shall contain the conditions that the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expiry of warrant

(5) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Time of execution

(6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m. local time, unless the warrant specifies otherwise.

Use of force

(7) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

No obstruction

(8) No person shall obstruct an investigator executing a warrant under this section or withhold from the investigator or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Expert help

(9) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Compliance

(10) If an investigator under clause (2) (c) requires a person to produce information or evidence or to provide assistance, the person shall produce the information or evidence or provide the assistance, as the case may be.

Return of seized items

(11) An investigator who seizes anything under this section or section 62 may make a copy of it and shall return it within a reasonable time.

Admissibility of copies

(12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of things not specified

62 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of the investigator’s duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of this Act or the regulations.

Searches in exigent circumstances

63 (1) An investigator may exercise any of the powers described in subsection 61 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be reasonably possible to obtain the warrant.

Dwellings

(2) Subsection (1) does not apply to a building or a part of a building that is being used as a dwelling.

Use of force

(3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Applicability of s. 61

(4) Subsections 61 (8) to (12) apply, with necessary modifications, to a search under this section.

Orders and Offences

Order re false advertising

64 (1) If the registrar believes on reasonable grounds that any licensee is making a false, misleading or deceptive representation in an advertisement, circular, pamphlet or material published by any means with respect to an existing or proposed new home, the registrar may,

(a) order the licensee to cease making the representation; and

(b) order the licensee to retract the representation or publish a correction of equal prominence to the original publication.

Order effective

(2) The order takes effect immediately upon being made.

Content of order

(3) The order shall inform the licensee named in it that the licensee may request a hearing before the Tribunal by mailing or delivering a written notice of request for a hearing to the registrar and the Tribunal within 15 days after service of the order.

Service

(4) The registrar shall serve the order, together with written reasons for it, on the licensee named in it.

Hearing

(5) If the licensee gives a notice of request for a hearing within the allowed time, the Tribunal shall hold a hearing.

Stay of order

(6) The Tribunal may stay the order until it confirms or sets aside the order under subsection (8).

Parties

(7) The registrar, the licensee who requested the hearing and the persons whom the Tribunal specifies are parties to the hearing.

Powers of Tribunal

(8) After holding the hearing, the Tribunal may,

(a) confirm the order with the amendments, if any, that the Tribunal considers proper to give effect to the purposes of the Act; or

(b) set aside the order.

Same

(9) In confirming or setting aside the order, the Tribunal may substitute its opinion for that of the registrar.

Appeal

(10) Even if the licensee named in an order of the Tribunal made under this section appeals it under section 11 of the Licence Appeal Tribunal Act, 1999, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

Freeze order, licensees and former licensees

65 (1) If the conditions in subsection (2) are met, the Director may, in writing,

(a) order any person having on deposit or controlling any assets or trust funds of a licensee or former licensee to hold those assets or funds;

(b) order a licensee or former licensee to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or

(c) order a licensee or former licensee to hold any asset or trust fund of a purchaser or other person in trust for the person entitled to it.

Conditions

(2) The Director may make an order under subsection (1) if the Director believes that it is advisable for the protection of purchasers, owners or the guarantee fund under the Protection for Owners and Purchasers of New Homes Act, 2017 and,

(a) a search warrant has been issued under section 61; or

(b) an order has been made under section 64, 67 or 68.

Limitation

(3) In the case of a bank or authorized foreign bank as defined in section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation, the order under subsection (1) of this section applies only to the offices and branches named in the order.

Release of assets

(4) The Director may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order.

Exception

(5) Subsection (1) does not apply if the person files with the Director, in the manner and amount that the Director determines,

(a) a personal bond accompanied by collateral security;

(b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

(c) a bond of a guarantor accompanied by collateral security; or

(d) another prescribed form of security.

Application to court

(6) An application may be made to the Superior Court of Justice for a determination in respect of the disposition of an asset or trust fund,

(a) by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or

(b) by a person who claims an interest in the asset or trust fund subject to the order.

Notice

(7) If an order is made under this section, the Director may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person specified in the notice.

Effect of notice

(8) The notice has the same effect as the registration of a certificate of pending litigation except that the Director may in writing revoke or modify the notice.

Cancellation or discharge application

(9) A person in respect of whom an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (7) may apply to the Tribunal for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.

Disposition by Tribunal

(10) The Tribunal shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part, if the Tribunal finds,

(a) that the order or registration is not required in whole or in part for the protection of owners or of other persons having an interest in the land; or

(b) that the interests of other persons are unduly prejudiced by the order or registration.

Parties

(11) The applicant, the Director and the other persons that the Tribunal specifies are parties to the proceedings before the Tribunal.

Court application

(12) If the Director has made an order under subsection (1) or registered a notice under subsection (7), the Director may apply to the Superior Court of Justice for directions or an order relating to the disposition of assets, trust funds or land affected by the order or notice.

Notice not required

(13) An application by the Director under this section may be made without notice to any other person.

Freeze orders, non-licensees

66 (1) The Director may make an order described in subsection (2) in respect of the money or assets of a person who is not licensed and who is alleged to have engaged in activities for which licensing is required at a time when the person was not licensed to do so if,

(a) the Director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not licensed,

(i) is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of activities for which licensing is required, or

(ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 61; and

(b) the Director, based on the affidavit mentioned in clause (a), finds reasonable grounds to believe that,

(i) in the course of activities for which licensing is required under this Act, the person who is the subject of the allegation mentioned in clause (a) has received money or assets from purchasers or owners, and

(ii) the interests of those purchasers or owners require protection or the guarantee fund under the Protection for Owners and Purchasers of New Homes Act, 2017 requires protection.

Order

(2) In the circumstances described in subsection (1), the Director may, in writing,

(a) order any person having on deposit or controlling any money or asset of the person who is the subject of the allegation mentioned in clause (1) (a) to hold the money or asset; or

(b) order the person who is the subject of the allegation mentioned in clause (1) (a),

(i) to refrain from withdrawing any money or asset from a person having it on deposit or controlling it, or

(ii) to hold any money or asset of a purchaser or other person in trust for the person who is entitled to it.

Application

(3) Subsections 65 (3) to (13) apply, with necessary modifications, to an order made under this section.

Compliance order

67 (1) If the Director believes on reasonable grounds that a person has engaged or is engaging in any activity that contravenes any requirement under this Act, whether the activity constitutes an offence or not, the Director may propose to make an order directing a person to comply with the requirement.

Notice

(2) The Director shall serve on the person a notice of a proposed order described in subsection (1) and written reasons for making it.

Request for hearing

(3) The notice shall state that the person is entitled to a hearing by the Tribunal if the person, within 15 days after it is served, mails or delivers a notice in writing requesting a hearing to the Tribunal and the Director.

No hearing required

(4) The Director may make the order if the person does not request a hearing in accordance with subsection (3).

Hearing

(5) If, in accordance with subsection (3), the person requests a hearing, the Tribunal shall hold the hearing.

Tribunal’s order

(6) The Tribunal may order the Director to make the proposed order or to refrain from making the proposed order or may make an order of its own in substitution for that of the Director.

Conditions

(7) The Tribunal may attach to its order the conditions that it considers proper.

Parties

(8) The parties to proceedings before the Tribunal under this section are the Director, the person who has requested the hearing and the other persons, if any, that the Tribunal specifies.

Immediate compliance order

68 (1) If, in the Director’s opinion, it is in the public interest to do so, the Director may make an order requiring compliance with a requirement under this Act.

Same

(2) The order takes effect as soon as it is served, in accordance with subsection (3), on the person named in it.

Notice of order

(3) Upon making an order for compliance under subsection (1), the Director shall serve on the person named in the order a notice that includes the order, the written reasons for making it and the statement of the right that subsection 67 (3) requires be included in a notice mentioned in subsection 67 (2).

Hearing

(4) If, in accordance with the right described in subsection (3), the person named in the order requests a hearing, the Tribunal shall hold the hearing.

Tribunal’s order

(5) The Tribunal may confirm or set aside the order or exercise all other powers that it may exercise in a proceeding under section 67.

Expiration of order

(6) If, in accordance with the right described in subsection (3), the person named in the order requests a hearing,

(a) the order expires 15 days after the Tribunal receives the written request for a hearing; or

(b) the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period mentioned in clause (a).

Same

(7) Despite subsection (6), if the Tribunal is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Tribunal may extend the time of the expiration for the order,

(a) until the hearing commences; and

(b) once the hearing commences, until the hearing is concluded.

Parties

(8) The parties to proceedings before the Tribunal under this section are the Director, the person who has requested the hearing and the other persons, if any, that the Tribunal specifies.

Appeal

69 Even if a party to a proceeding before the Tribunal appeals, under section 11 of the Licence Appeal Tribunal Act, 1999, an order of the Tribunal made under section 67 or 68, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

Restraining order

70 (1) If it appears to the Director that a person is not complying with this Act or the regulations or an order made under this Act, the Director may apply to the Superior Court of Justice for an order restraining the person from acting in breach of them, and, upon the application, the court may make the order or any other order that the court thinks fit.

Same

(2) Subsection (1) applies despite the imposition of any penalty in respect of the non-compliance and in addition to any other procedures that may be available to the Director, whether or not the Director has exercised his or her rights under the procedures.

Appeal

(3) An appeal lies to the Divisional Court from an order made under subsection (1).

Offences

71 (1) A person or entity, other than the regulatory authority, is guilty of an offence if the person or entity,

(a) furnishes false information to the regulatory authority in any application under section 38, in any statement required under this Act or in any circumstance that is prescribed;

(b) fails to comply with any condition of a licence that the person or entity holds;

(c) fails to comply with any order or other requirement under this Act, other than an order made under section 57; or

(d) contravenes or fails to comply with any section of this Act or the regulations made under the Act, other than the code of ethics established under clause 84 (1) (f).

Officer or director of corporation

(2) An officer or director of a corporation who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1) is guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Other individuals

(3) Any of the following individuals who act on behalf of an entity and who fail to take reasonable care to prevent the entity from committing an offence mentioned in subsection (1) are guilty of an offence, whether or not the entity has been prosecuted or convicted:

1. A partner or general manager and assistant general manager of the entity, if the entity is a partnership.

2. Any other individual designated for the purpose of this subsection by a by-law or resolution of the entity.

3. Any other individual who performs functions normally performed by an individual described in paragraph 2.

Penalties

(4) A person or entity that is convicted of an offence under this Act is liable to,

(a) a fine of not more than $50,000 or imprisonment for a term of not more than two years less a day or both, in the case of an individual; or

(b) a fine of not more than $250,000, if the person or entity is not an individual.

Limitation

(5) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the Director.

Orders for compensation, restitution

72 (1) If a person or entity is convicted of an offence under section 71, the court making the conviction may, in addition to any other penalty, order the person or entity convicted to pay compensation or make restitution.

If insurance has paid

(2) If an order is made in favour of a person or entity under subsection (1) and that person or entity has already received compensation or restitution from an insurer, the person or entity ordered to pay the compensation or make restitution shall deliver the amount to the insurer.

Default in payment of fines

73 (1) If a fine payable as a result of a conviction for an offence under section 71 is in default for at least 60 days, the Director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.

If payment made

(2) Within 10 days after the Director has received notice that the fine has been paid in full, the Director shall inform the consumer reporting agency of the payment.

Transition

(3) Despite the repeal of the Ontario New Home Warranties Plan Act, if a fine is payable as a result of a conviction under that Act, the Director may treat the fine as if it is payable as a result of a conviction under this Act, and subsections (1) and (2) apply to the fine as if it were a fine payable for a conviction under this Act.

Liens and charges

74 (1) If a fine payable as a result of a conviction for an offence under section 71 is in default for at least 60 days, the Director may, by order, create a lien against the property of the person or entity that is liable to pay the fine.

Liens on personal property

(2) If the lien created by the Director under subsection (1) relates to personal property,

(a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;

(b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and

(c) the Director may perfect the security interest mentioned in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.

Liens and charges on real property

(3) If the lien created by the Director under subsection (1) relates to real property, the Director may register the lien against the property of the person or entity liable to pay the fine in the proper land registry office and on registration, the obligation under the lien becomes a charge on the property.

Initiation of sale proceedings prohibited

(4) The Director shall not initiate sale proceedings in respect of any real property against which the Director has registered a lien under subsection (3).

Proceeds of sale

(5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Director shall ensure that the funds the Director receives as a result of the sale are used to pay the fine.

Discharge of lien

(6) Within 10 days after the Director has knowledge of the payment in full of the fine, the Director shall,

(a) discharge the registration of any financing statement registered under clause (2) (c); and

(b) register a discharge of a charge created on registration of a lien under subsection (3).

Administrative Penalties

Assessors

75 (1) The registrar is, by virtue of the registrar’s office, an assessor.

Appointment

(2) The registrar shall appoint, in writing, persons to be assessors who are authorized to make an order under section 76 imposing an administrative penalty.

Order

76 (1) An assessor may, by order, impose an administrative penalty against a person in accordance with this section and the regulations made by the Minister if the assessor is satisfied that the person,

(a) has contravened or is contravening,

(i) a prescribed provision of this Act or the regulations, or

(ii) a condition of a licence, if the person is the licensee; or

(b) is contravening a prescribed provision of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under it.

To whom payable

(2) An administrative penalty is payable to the regulatory authority.

Purpose

(3) An administrative penalty may be imposed under this section for one or more of the following purposes:

1. To ensure compliance with this Act and the regulations.

2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening a provision of this Act or the regulations.

Amount

(4) The amount of an administrative penalty shall reflect the purpose of the penalty and shall be determined in accordance with the regulations made by the Minister, but the amount of the penalty shall not exceed $10,000.

Form of order

(5) An order made under subsection (1) imposing an administrative penalty against a person shall be in the form that the registrar determines.

Service of order

(6) The order shall be served on the person against whom the administrative penalty is imposed in the manner that the registrar determines.

Absolute liability

(7) An order made under subsection (1) imposing an administrative penalty against a person applies even if,

(a) the person took all reasonable steps to prevent the contravention on which the order is based; or

(b) at the time of the contravention, the person had an honest and reasonable belief in a mistaken set of facts that, if true, would have rendered the contravention innocent.

No effect on offences

(8) For greater certainty, nothing in subsection (7) affects the prosecution of an offence.

Other measures

(9) Subject to section 78, an administrative penalty may be imposed alone or in conjunction with the exercise of any measure against a person provided by this Act or the regulations, including the application of conditions to a licence by the registrar, the suspension, immediate suspension or revocation of a licence or the refusal to renew a licence.

Limitation

(10) An assessor shall not make an order under subsection (1) more than two years after the day the assessor became aware of the person’s contravention on which the order is based.

No hearing required

(11) Subject to the regulations made by the Minister, an assessor is not required to hold a hearing or to afford a person an opportunity for a hearing before making an order under subsection (1) against the person.

Non-application of other Act

(12) The Statutory Powers Procedure Act does not apply to an order of an assessor made under subsection (1).

Appeal

77 (1) In this section,

“appeal body” means the person prescribed by the Minister or, if no person is prescribed by the Minister, the Tribunal.

Same

(2) The person against whom an order made under subsection 76 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order.

If no appeal

(3) If the appellant does not appeal the order in accordance with subsection (2), the order is confirmed.

Hearing

(4) If the appellant appeals the order in accordance with subsection (2), the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order, and the appeal body may attach conditions to its order.

Parties

(5) The assessor, the appellant and the other persons that the appeal body specifies are parties to the appeal.

Non-application of other Act

(6) If the appeal body is not the Tribunal, the Statutory Powers Procedure Act does not apply to an order of an assessor appealed under subsection (2).

Immediate effect

(7) Even if the appellant appeals an order of the appeal body, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal.

Effect of paying penalty

78 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under this Act in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based.

Enforcement

79 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court.

Date of order

(2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order.

Liens and charges

(3) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the Director may, by order, create a lien against the property of the person that is liable to pay the penalty.

Application of s. 74

(4) Subsections 74 (2) to (6) apply to the lien, with necessary modifications, as if it were a lien created by the Director under subsection 74 (1), and references to the fine shall be read as references to the administrative penalty.

PART VI
GEneral

Confidentiality

80 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except,

(a) as is required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations;

(b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned;

(c) as authorized under the Regulatory Modernization Act, 2007;

(d) to a prescribed entity or organization, if the purpose of the communication is consumer protection;

(e) to a law enforcement agency;

(f) to the counsel of the person communicating the information; or

(g) with the consent of the person to whom the information relates.

Testimony

(2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations.

Service

81 (1) Any notice, order or request is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by registered mail; or

(c) sent by another manner if the sender can prove receipt of the notice, order or request.

Deemed service

(2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order or request until a later date.

Exception

(3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.

Public information

82 (1) Subject to the regulations, the registrar shall make available publicly on the website of the regulatory authority and by any other means that the registrar determines,

(a) information about the business activities of any class of licensees or prescribed persons, including their business name, business address, phone number and electronic mail address;

(b) licensing information about a licensee, including the licensee’s licence number, the date that the licence expires and the current status of the licence;

(c) information about what persons are directors, officers or prescribed persons of a licensee, contact information for them and how they are interested in the licensee or associated with the licensee;

(d) information about persons who are subject to a notice of proposal under section 43;

(e) information about persons whose licence has been suspended, immediately suspended or revoked;

(f) information about determinations and orders made by the discipline committee or appeals committee under section 57;

(g) information about persons who have been subject to an order under any of sections 64, 65, 66, 70 and 72, including the terms of the order;

(h) information about persons who have been convicted of an offence under this Act;

(i) information about persons in respect of whom an assessor has imposed an administrative penalty, including the amount of the penalty;

(j) information that the registrar receives under subsection 67 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017; and

(k) any other prescribed information.

Searchable information

(2) The public information described in subsection (1) shall be searchable, including by licensee name, names of directors, officers and principals, and as otherwise prescribed.

Lieutenant Governor in Council regulations

83 (1) The Lieutenant Governor in Council may make regulations,

(a) specifying any matter that is described in this Act as prescribed or dealt with in the regulations, except for any matter that this Act describes as being prescribed by the Minister or dealt with in regulations made by the Minister;

(b) governing the revocation of the designation of the regulatory authority;

(c) respecting classes of licences;

(d) specifying the responsibilities of any former licensee or any class of former licensees, in connection with or arising out of the business in respect of which the former licensee was licensed or the class of former licensees was licensed or in respect of which licensing was required under this Act;

(e) governing agreements that a vendor or builder enters into with the regulatory authority, including,

(i) deeming certain terms or conditions to be included in the agreements,

(ii) prohibiting the agreements from including certain terms or conditions specified in the regulations, and

(iii) specifying remedies for the parties to the agreements resulting from non-compliance;

(f) governing the information that section 53 requires a vendor to deliver to a purchaser or a builder to deliver to an owner;

(g) governing agreements that a vendor enters into with a purchaser, including,

(i) deeming certain terms or conditions to be included in the agreements,

(ii) requiring the parties to each agreement to include certain specified terms or conditions,

(iii) prohibiting the agreements from including certain terms or conditions specified in the regulations, and

(iv) specifying remedies for the purchaser resulting from non-compliance;

(h) governing contracts for the construction of a new home that a builder enters into with an owner, including,

(i) deeming certain terms or conditions to be included in the contracts,

(ii) requiring the parties to each contract to include certain specified terms or conditions,

(iii) prohibiting the contracts from including certain terms or conditions specified in the regulations, and

(iv) specifying remedies for the owner resulting from non-compliance;

(i) governing what constitutes a false, misleading or deceptive representation for the purpose of section 54;

(j) governing the activities of licensees and prohibiting licensees from engaging in practices specified in the regulations, in addition to practices prohibited by this Act;

(k) specifying procedures and other matters for handling complaints under section 56;

(l) governing the documents and records that licensees must keep, including the manner in which licensees must keep them and the time periods for which they must be kept and authorizing the registrar to specify the location at which licensees must keep them;

(m) defining any word or expression used in this Act that has not already been expressly defined in this Act;

(n) exempting any person or entity or any class of persons or entities from any provision of this Act or the regulations and attaching conditions to an exemption;

(o) delegating to the Minister or to the regulatory authority any power to make a regulation under this subsection;

(p) respecting any matter necessary or advisable to carry out the intent or purpose of this Act;

(q) providing for any transitional matter necessary for the effective implementation of this Act or the regulations or related to the repeal of the Ontario New Home Warranties Plan Act, including,

(i) deeming information provided under that Act to have been provided under this Act, and

(ii) governing fees and other amounts paid under that Act and deeming them to have been paid under this Act.

Approval required

(2) The Lieutenant Governor in Council may make the regulation-making power delegated to the Minister under clause (1) (o) subject to its approval.

Residual authority to act

(3) Despite any delegation to the Minister under clause (1) (o) and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the power that is the subject of the delegation.

Making regulation not revocation

(4) If the Lieutenant Governor in Council makes a regulation to which subsection (3) applies, the regulation does not have the effect of revoking a delegation under clause (1) (o) unless the regulation so specifies.

Minister’s regulations preserved

(5) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under clause (1) (o), but the revocation of a delegation does not result in the revocation of any regulation made by the Minister under the delegated power before the revocation of the delegation.

Conflict

(6) If there is a conflict between a regulation made under subsection (1) and a regulation made by the Minister under section 84 or the regulatory authority under section 85, the regulation of the Lieutenant Governor in Council prevails.

Minister’s regulations

84 (1) The Minister may make regulations,

(a) requiring the registrar to share with the Minister the information that the registrar collects under subsection 34 (1);

(b) requiring the regulatory authority to provide the Minister, the warranty authority or any other person prescribed by the Minister with the information specified in the regulation and governing the providing of the information, including the form, manner and time for providing the information;

(c) respecting applications for a licence and for renewal of a licence;

(d) requiring an applicant for a licence or a renewal of a licence to provide information to the registrar concerning persons other than the applicant in order to assist the registrar in determining whether the persons are or may be interested persons;

(e) specifying information that licensees must provide to the registrar and requiring that specified information be verified by affidavit;

(f) establishing a code of ethics for the purposes of subsection 57 (1);

(g) governing the composition of the discipline committee and the appeals committee under section 57 and, subject to subsection 57 (3), governing matters relating to the appointment of the members of those committees;

(h) governing administrative penalties that an assessor may order and all matters necessary and incidental to the administration of a system of administrative penalties, including,

(i) specifying the amount of an administrative penalty or providing for the determination of the amount of an administrative penalty by specifying the method of calculating the amount and the criteria to be considered in determining the amount,

(ii) providing for different amounts to be paid, or different calculations or criteria to be used, depending on the circumstances that gave rise to the administrative penalty or the time at which the penalty is paid,

(iii) specifying information that must be included in an order for payment of an administrative penalty,

(iv) governing the procedure for making an order under section 76 for an administrative penalty and the rights of the parties affected by the procedure, including the time at which the order is deemed to be served on the licensee against whom the order is made, and

(v) governing the appeal of an order for payment of an administrative penalty;

(i) specifying the purposes for which the regulatory authority may use the funds that it collects as administrative penalties;

(j) respecting any matter for which the power to make regulations is delegated by the Lieutenant Governor in Council to the Minister under clause 83 (1) (o);

(k) delegating to the regulatory authority any power to make a regulation under this subsection.

Approval required

(2) The Minister may make the regulation-making power delegated to the regulatory authority under clause (1) (k) subject to the Minister’s approval, and in that case shall not approve regulations unless, in his or her opinion, they have been made in accordance with the consultation process and criteria set out in the administrative agreement.

Residual authority to act

(3) Despite any delegation to the regulatory authority under clause (1) (k) and without having to revoke the delegation, the Minister continues to have authority to make regulations in respect of the power that is the subject of the delegation.

Making regulation not revocation

(4) If the Minister makes a regulation to which subsection (3) applies, the regulation does not have the effect of revoking a delegation under clause (1) (k) unless the regulation so specifies.

Regulatory authority’s regulations preserved

(5) The Minister may, by regulation, revoke a delegation to the regulatory authority under clause (1) (k), but the revocation of a delegation does not result in the revocation of any regulation made by the authority under the delegated power before the revocation of the delegation.

Conflict

(6) If there is a conflict between a regulation made under subsection (1) and a regulation made by the regulatory authority, the regulation of the Minister prevails.

Regulatory authority regulations

85 (1) The regulatory authority may make regulations respecting any matter for which the power to make regulations is delegated to it by the Lieutenant Governor in Council or the Minister.

Regulations

(2) A regulation made by the regulatory authority under this section is a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Transition

86 (1) In this section, a reference to the Ontario New Home Warranties Plan Act or any provision of it is a reference to that Act or the provision of it as that Act or the provision, as the case may be, read immediately before the repeal of that Act.

Licence as vendor

(2) A person registered as a vendor within the meaning of the Ontario New Home Warranties Plan Act is deemed to be licensed as a vendor under this Act.

Licence as builder

(3) A person registered as a builder within the meaning of the Ontario New Home Warranties Plan Act is deemed to be licensed as a builder under this Act.

Applications

(4) An application for registration or renewal of registration as a vendor or builder within the meaning of the Ontario New Home Warranties Plan Act that has not been disposed of under that Act before its repeal is deemed to be an application for a licence or renewal of a licence, as the case may be, as a vendor or as a builder, as the case may be, under this Act.

Proceedings

(5) A prescribed proceeding that the Corporation within the meaning of the Ontario New Home Warranties Plan Act had commenced as of the day before the day that Act was repealed is continued as a proceeding of the regulatory authority under this Act.

Part VII (OMITTED)

87 Omitted (provides for amendments to this Act).

Part VIII (OMITTED)

88-90 Omitted (amend, repeal or revoke other legislation).

Part IX (OMITTED)

91 Omitted (provides for coming into force of provisions of this Act).

92 Omitted (enacts short title of this Act).

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