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Ontario New Home Warranties Plan Act

R.S.O. 1990, Chapter O.31

Consolidation Period:  From November 30, 2020 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2020, c. 14, Sched. 5, s. 32)

Last amendment: 2020, c. 14, Sched. 5, s. 1-32.

Legislative History: 1994, c. 27, s. 94; 1998, c. 18, Sched. E, s. 187-190; 1998, c. 19, s. 185; 1999, c. 12, Sched. G, s. 30; 2000, c. 26, Sched. B, s. 15; 2001, c. 9, Sched. D, s. 13; 2006, c. 21, Sched. F, s. 136 (1); 2009, c. 33, Sched. 10, s. 11; 2015, c. 28, Sched. 1, s. 154; 2017, c. 24, s. 79; 2017, c. 33, Sched. 2, s. 73 (But see 2020, c. 14, Sched. 5, s. 33 (8)); 2017, c. 33, Sched. 4 (But see 2020, c. 14, Sched. 5, s. 33 (9)); 2019, c. 7, Sched. 17, s. 136, 171 (3); 2019, c. 7, Sched. 47; 2020, c. 14, Sched. 5, s. 1-32.

CONTENTS

Definitions and Administration

1.

Definitions

1.1

Crown bound

1.2

Act prevails

2.

Designation of Corporation

2.0.1

Administrative agreement

2.0.2

Information sharing

2.0.3

Compliance by Corporation

2.1

Conflict

2.2

Competency criteria for board members

2.3

Composition of the board

2.4

Minister’s appointments to the board

2.5

Appointment of chair

2.6

Disclosure of compensation and other payments

2.7

Not Crown agency

2.8

No personal liability, employee of the Crown

2.9

Indemnification

2.10

No personal liability

3.

Registrar

4.

Revenues and expenses

4.

Revenues and expenses

5.

Annual report

5.1

Administrator

5.2

Status of board during administrator’s tenure

5.3

Oversight fees

5.4

Auditor General

Regulatory Authority — Information

5.5

Information for regulatory authority

5.6

Information to provide to regulatory authority

Ombudsperson

5.7

Ombudsperson

Registration of Vendors and Builders

6.

Registration required

7.

Registration of vendors and builders

8.

Refusal to register

9.

Notice of proposal to refuse or revoke

10.

Further applications

Protections

10.1

Requirements for vendors of homes

10.2

Requirements for builders of homes

10.3

Enrolment of homes in Plan

10.4

Suspension or revocation of qualification of enrolment

10.5

Cancellation of enrolment

10.6

Notice of proposal

10.7

Non-application, residential condominium conversion projects

Ontario New Home Warranties Plan

11.

Ontario New Home Warranties Plan

Ontario New Home Warranties and Protection Plan

12.

Notice of commencing construction

13.

Warranties

14.

Compensation

15.

Condominiums

15.1

Liability of vendor

15.

Liability of vendor

16.

Notice of decision under s. 14

17.

Conciliation of disputes

Residential Condominium Conversion Projects

17.1

Interpretation

17.2

Application of this Act

17.3

Conditions precedent: enrolment, sale of units

17.4

Confirmation of registration and enrolment

17.5

Pre-existing elements fund

Owner-Builders

17.6

Application of this Act

Enforcement

18.

Inspectors

19.

Restraining order

General

20.

Service of notice

21.

Certificate of evidence

21.1

Non-application, Corporations Act

21.1

Non-application, Not-for-Profit Corporations Act, 2010

22.

Offences

22.1

Lieutenant Governor in Council regulations

23.

By-laws

 

Definitions and Administration

Definitions

1 In this Act,

“administrative agreement” means the agreement described in section 2.0.1; (“accord d’application”)

“board” means the board of directors of the Corporation; (“conseil d’administration”)

“builder” means,

(a) except in relation to a residential condominium conversion project, a person who undertakes the performance of all the work and supply of all the materials necessary to construct a completed home, whether for the purpose of sale by the person or under a contract with a vendor or owner, or

(b) in relation to a residential condominium conversion project, a person who undertakes the performance of all the work and supply of all the materials necessary to construct a completed home in the project, whether for the purpose of sale by the person or under a contract with a vendor or owner; (“constructeur”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2017, c. 33, Sched. 4, s. 1 (1))

“claim” means a claim for compensation out of the guarantee fund in respect of a home; (“réclamation”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definitions: (See: 2020, c. 14, Sched. 5, s. 1 (2))

“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”)

“corporate by-law” means a by-law of the Corporation passed under Part III of the Corporations Act but does not include a by-law made under section 23 of this Act; (“règlement administratif interne”)

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, the definition of “corporate by-law” in section 1 of the Act is amended by striking out “Part III of the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act”. (See: 2019, c. 7, Sched. 47, s. 1 (2))

“Corporation” means the corporation designated under section 2; (“Société”)

“guarantee fund” means the provision made by the Corporation for compensation under the Plan; (“fonds de garantie”)

home” means,

(a) a self-contained one-family dwelling, detached or attached to one or more others by one or more common walls,

(b) a building composed of more than one and not more than two self-contained, one-family dwellings under one ownership,

(c) a condominium dwelling unit, including the common elements, or

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause (c) of the definition of “home” in section 1 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 1 (3))

(c) 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 condominium corporation, or

(d) any other dwelling of a class prescribed by the regulations as a home to which this Act applies,

and includes any structure or appurtenance used in conjunction therewith, but does not include a dwelling built and sold for occupancy for temporary periods or for seasonal purposes; (“logement”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 5, s. 1 (4))

“information sharing agreement” means an agreement described in subsection 2.0.2 (3); (“accord d’échange de renseignements”)

“inspector” means an inspector appointed by the Corporation under section 18; (“inspecteur”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 5, s. 1 (5))

“licensee” means the holder of a licence under the New Home Construction Licensing Act, 2017; (“titulaire de permis”)

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

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 5, s. 1 (6))

“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 the Corporation or any other corporation,

(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 a person who first acquires a home from its vendor for occupancy, and the person’s successors in title; (“propriétaire”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 5, s. 1 (7))

“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”)

Plan” means the Ontario New Home Warranties Plan referred to in section 11; (“Régime”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the definition of “Plan” in section 1 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 1 (8))

Plan” means the Ontario New Home Warranties and Protection Plan continued under subsection 11 (1); (“Régime”)

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

“Registrar” means the Registrar appointed by the Corporation under section 3; (“registrateur”)

“regulations” means, as applicable,

(a) the regulations made by the Lieutenant Governor in Council under section 22.1, or

(b) the by-laws of the Corporation made under section 23; (“règlements”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 5, s. 1 (9))

“regulatory authority” has the same meaning as in the New Home Construction Licensing Act, 2017; (“organisme de réglementation”)

“residential condominium conversion project” means a residential condominium conversion project as defined in subsection 17.1 (1); (“projet de conversion en condominiums à usage d’habitation”)

“sell” includes entering into an agreement to sell; (“vendre”)

“Tribunal” means the Licence Appeal Tribunal; (“Tribunal”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the definition of “Tribunal” in section 1 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 1 (10))

“tribunal” means, in respect of a prescribed matter, the adjudicative body determined in accordance with the regulations in respect of that matter; (“tribunal”)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2020, c. 14, Sched. 5, s. 1 (11))

“vacant land condominium corporation” means a condominium corporation described in subsection 155 (2) of the Condominium Act, 1998; (“association condominiale de terrain nu”)

“vendor” means,

(a) except in relation to a residential condominium conversion project, a person who, on the person’s own behalf, sells a home not previously occupied to an owner and includes a builder, as defined in clause (a) of the definition of “builder”, who acts as such under a contract with the owner, or

(b) in relation to a residential condominium conversion project, a person who, on the person’s own behalf, sells a home in the project to an owner and includes a builder, as defined in clause (b) of the definition of “builder”, who acts as such under a contract with the owner; (“vendeur”)

warranty” means a warranty set out in section 13. (“garantie”)  R.S.O. 1990, c. O.31, s. 1; 1999, c. 12, Sched. G, s. 30 (1); 2001, c. 9, Sched. D, s. 13; 2015, c. 28, Sched. 1, s. 154 (2-4); 2017, c. 33, Sched. 4, s. 1 (2, 3); 2019, c. 7, Sched. 47, s. 1 (1); 2020, c. 14, Sched. 5, s. 1 (1).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 5, s. 1 (12))

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. 2020, c. 14, Sched. 5, s. 1 (12).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 5, s. 1 (13))

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. 2020, c. 14, Sched. 5, s. 1 (13).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 5, s. 1 (14))

Tribunal

(4) For the purposes of the definition of “tribunal” in subsection (1), the adjudicative bodies that may be prescribed include,

(a) a tribunal established under an Act of the Legislature of Ontario;

(b) an arbitrator; and

(c) a court. 2020, c. 14, Sched. 5, s. 1 (14).

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

1999, c. 12, Sched. G, s. 30 (1) - 01/04/2000

2001, c. 9, Sched. D, s. 13 - 29/06/2001

2015, c. 28, Sched. 1, s. 154 (2-4) - 01/01/2018

2017, c. 33, Sched. 4, s. 1 (1) - 01/02/2021; 2017, c. 33, Sched. 4, s. 1 (2, 3) - 14/12/2017

2019, c. 7, Sched. 47, s. 1 (1) - 29/05/2019; 2019, c. 7, Sched. 47, s. 1 (2) - not in force

2020, c. 14, Sched. 5, s. 1 (1) - 30/11/2020; 2020, c. 14, Sched. 5, s. 1 (2-14) - 01/02/2021

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 2)

Crown bound

1.1 Subject to the prescribed restrictions, if any, this Act binds the Crown. 2020, c. 14, Sched. 5, s. 2.

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

2020, c. 14, Sched. 5, s. 2 - 01/02/2021

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 3)

Act prevails

1.2 This Act applies despite any agreement to the contrary. 2020, c. 14, Sched. 5, s. 3.

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

2020, c. 14, Sched. 5, s. 3 - 01/02/2021

Designation of Corporation

2 (1) The Lieutenant Governor in Council shall designate a non-profit corporation incorporated without share capital under the Corporations Act to be the Corporation for the purposes of this Act.  R.S.O. 1990, c. O.31, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by striking out “a non-profit corporation incorporated without share capital under the Corporations Act” and substituting “a not-for-profit corporation without share capital incorporated under the laws of Ontario”. (See: 2020, c. 14, Sched. 5, s. 4 (1))

Objects

(2) Upon its designation, the objects of the Corporation are extended to include,

(a) the administration of the Ontario New Home Warranties Plan;

(b) the establishment and administration of a guarantee fund providing for the payment of compensation under section 14, whether by the establishment of a fund for the purpose or by contract with licensed insurers;

(c) assisting in the conciliation of disputes between vendors and owners;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 2 (2) of the Act is amended by adding the following clauses: (See: 2020, c. 14, Sched. 5, s. 4 (2))

(c.1) promoting the resolution of claims as soon as reasonably possible in accordance with this Act and the regulations;

(c.2) promoting the construction in Ontario of properly built homes for residential purposes;

(d) engaging in undertakings for the purpose of improving communications between vendors and owners; and

(e) the planning, implementation and financing related to any amendments made to this Act or the regulations or the repeal of all or any part of this Act or related to the enactment of any Act that replaces all or any part of this Act, including making payments or loans out of the guarantee fund to any not-for-profit corporation without share capital incorporated under the laws of Ontario that,

(i) is designated to administer any Act that replaces all or any part of this Act, or

(ii) may be designated to administer any Act that replaces all or any part of this Act, based on the information that the Minister provides to the Corporation.  R.S.O. 1990, c. O.31, s. 2 (2); 2017, c. 33, Sched. 4, s. 2 (1); 2020, c. 14, Sched. 5, s. 4 (3).

Application of Insurance Act

(3) The Insurance Act does not apply to the Corporation and its undertakings in respect of any matter within its objects or authorized by this Act.  R.S.O. 1990, c. O.31, s. 2 (3).

No personal liability

(4) No action or other proceeding shall be commenced against a current or former director, officer or employee of the Corporation for any act or omission done in good faith in carrying out the objects described in clause (2) (e). 2017, c. 33, Sched. 4, s. 2 (2).

Revocation of designation

(5) The Lieutenant Governor in Council may, by regulation, revoke the designation of the Corporation if the Lieutenant Governor in Council considers it advisable to do so in the public interest. 2020, c. 14, Sched. 5, s. 4 (4).

Revocation for non-compliance

(6) The Lieutenant Governor in Council may revoke the designation of the Corporation if,

(a) the Corporation has failed to comply with this Act, the regulations, the administrative agreement, an information sharing agreement or other applicable law;

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

(c) the Corporation 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. 2020, c. 14, Sched. 5, s. 4 (4).

Same, no restriction on subs. (5)

(7) Nothing in subsection (6) restricts the ability of the Lieutenant Governor in Council to act under subsection (5). 2020, c. 14, Sched. 5, s. 4 (4).

Revocation on request

(8) The Lieutenant Governor in Council may revoke the designation of the Corporation on the terms that the Lieutenant Governor in Council considers advisable in the public interest if the Corporation requests the revocation. 2020, c. 14, Sched. 5, s. 4 (4).

Non-application of Statutory Powers Procedure Act

(9) 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 Corporation. 2020, c. 14, Sched. 5, s. 4 (4).

Transition

(10) If the Lieutenant Governor in Council revokes the designation of the Corporation 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 Corporation holds in respect of carrying out its activities; and

(b) the assignment, without compensation, of any contracts that the Corporation has entered into before the revocation. 2020, c. 14, Sched. 5, s. 4 (4).

No Crown liability

(11) 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 Corporation or any regulation made under subsection (10). 2020, c. 14, Sched. 5, s. 4 (4).

No proceeding

(12) 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 (11). 2020, c. 14, Sched. 5, s. 4 (4).

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

2017, c. 33, Sched. 4, s. 2 (1, 2) - 14/12/2017

2020, c. 14, Sched. 5, s. 4 (3, 4) - 30/11/2020; 2020, c. 14, Sched. 5, s. 4 (2) - 01/02/2021; 2020, c. 14, Sched. 5, s. 4 (1) - not in force

Administrative agreement

2.0.1 (1) The Corporation shall enter into an administrative agreement with the Minister on or before the day specified by the Minister. 2020, c. 14, Sched. 5, s. 5.

Contents

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

1. The governance of the Corporation.

2. All matters that the Minister considers necessary for the Corporation to carry out the administration of this Act and the regulations.

3. The maintenance by the Corporation of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations. 2020, c. 14, Sched. 5, s. 5.

Compliance with operating principles

(3) The administrative agreement, in addition to the minimum terms required under subsection (2), shall require the Corporation to comply with the principles of,

(a) maintaining a fair, safe and informed marketplace; and

(b) promoting the protection of the public interest, and consumers in particular. 2020, c. 14, Sched. 5, s. 5.

Amendment by Minister

(4) Subject to subsection (5), the Minister may unilaterally amend the administrative agreement, after giving the Corporation the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 5, s. 5.

Conditions precedent

(5) The Minister may amend the administrative agreement under subsection (4) only if the Minister is of the opinion that it is advisable to do so in the public interest because at least one of the following conditions is satisfied:

1. Amending the administrative agreement is necessary to prevent serious harm to the interests of the public, purchasers of homes or owners.

2. An event of force majeure has occurred.

3. The Corporation is facing a risk of insolvency.

4. The number of members of the board is insufficient for a quorum. 2020, c. 14, Sched. 5, s. 5.

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

2020, c. 14, Sched. 5, s. 5 - 30/11/2020

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 6)

Information sharing

2.0.2 (1) The Corporation shall share the prescribed information with the Minister, the regulatory authority and prescribed persons in accordance with the regulations and in the manner and within the time prescribed. 2020, c. 14, Sched. 5, s. 6.

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. 2020, c. 14, Sched. 5, s. 6.

Agreements

(3) For the purpose of complying with subsection (1), the Corporation shall, in accordance with the regulations, enter into agreements with the Minister, the regulatory authority and prescribed persons in the manner and within the time prescribed. 2020, c. 14, Sched. 5, s. 6.

Content of agreements

(4) The information sharing agreements mentioned in subsection (3) shall include, at a minimum, terms relating to the prescribed matters, which may include,

(a) the enrolment, or qualification for enrolment, of homes in the Plan;

(b) claims for compensation from the guarantee fund;

(c) the result of the claims mentioned in clause (b); and

(d) all other matters that are prescribed. 2020, c. 14, Sched. 5, s. 6.

Sharing of enforcement information

(5) The information sharing agreements 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). 2020, c. 14, Sched. 5, s. 6.

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

2020, c. 14, Sched. 5, s. 6 - 01/02/2021

Compliance by Corporation

2.0.3 In carrying out its powers and duties under this Act or the regulations, the Corporation shall comply with this Act, the regulations, the administrative agreement, the information sharing agreements and other applicable law. 2020, c. 14, Sched. 5, s. 7.

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

2020, c. 14, Sched. 5, s. 7 - 30/11/2020

Conflict

2.1 (1) In the event of conflict, this Act and the regulations prevail over,

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

(b) the Corporations Information Act and the regulations made under it; and

(c) the constating documents, the corporate by-laws and the resolutions of the Corporation. 2020, c. 14, Sched. 5, s. 8.

Same, Minister’s order

(2) In the event of conflict, a Minister’s order made under section 2.2, 2.3, 2.6 or 5.1 prevails over a corporate by-law or a constating document or resolution of the Corporation. 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 8 - 30/11/2020

Competency criteria for board members

2.2 (1) The Minister may, by order, establish competency criteria for members of the board. 2019, c. 7, Sched. 47, s. 2.

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). 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Composition of the board

2.3 (1) The Minister may, by order, provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 2019, c. 7, Sched. 47, s. 2.

Change in number of board members

(2) The Minister may, by order, increase or decrease the number of members of the board. 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Minister’s appointments to the board

2.4 (1) The Minister may appoint at pleasure one or more members to the board for a term specified in the appointment. 2019, c. 7, Sched. 47, s. 2.

Majority

(2) The number of members appointed by the Minister shall not form a majority of the board. 2019, c. 7, Sched. 47, s. 2.

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. 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Appointment of chair

2.5 The Minister may appoint a chair from among the members of the board. 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

Disclosure of compensation and other payments

2.6 (1) In this section,

“compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2019, c. 7, Sched. 47, s. 2.

Same

(2) The Minister may, by order, require the Corporation to make available to the public, on its website and by any other means that the Corporation determines, information relating to,

(a) the compensation that the Corporation pays to members of the board, its officers and its employees or the amount of the compensation specified in the order; and

(b) any other payments that the Corporation makes or is required to make to the persons mentioned in clause (a). 2019, c. 7, Sched. 47, s. 2.

Compensation information

(3) An order made under subsection (2) may require that the Corporation make available to the public information relating to the compensation of a member of the board or one of its officers who is in office on the day this section comes into force or an individual who is one of its employees on that day, where the information is for a period that begins before that day. 2019, c. 7, Sched. 47, s. 2.

Effect of compliance

(4) If the Corporation makes available to the public information relating to compensation in accordance with an order made under subsection (2) or in the reasonable belief that action is required by the order, no court, person or other entity shall find that the Corporation,

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the French version of subsection 2.6 (4) of the Act is amended in the portion before clause (a). (See: 2020, c. 14, Sched. 5, s. 9)

(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. 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 9 - 01/02/2021

Not Crown agency

2.7 (1) Despite the Crown Agency Act, the Corporation is not an agent of the Crown for any purpose and shall not hold itself out as such. 2019, c. 7, Sched. 47, s. 2.

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 Corporation.

2. Members, officers and agents of the Corporation.

3. Members of the board, including those appointed by the Minister. 2019, c. 7, Sched. 47, s. 2.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

No personal liability, employee of the Crown

2.8 (1) No action or other proceeding shall be instituted against a current or former employee of the Crown for,

(a) any act done in good faith in the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order; or

(b) any neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 5, s. 10.

Tort by employee of the Crown

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) 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. 2020, c. 14, Sched. 5, s. 10.

No Crown liability

(3) 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 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 exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order. 2020, c. 14, Sched. 5, s. 10.

Same

(4) 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 (3). 2020, c. 14, Sched. 5, s. 10.

Application

(5) Without limiting the generality of subsection (4), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgement, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 5, s. 10.

Revocation

(6) Subsections (1) to (5) apply, with necessary modifications, in respect of a direct or indirect result of the revocation of a designation under section 2 or any regulation made under subsection 2 (10). 2020, c. 14, Sched. 5, s. 10.

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

2019, c. 7, Sched. 17, s. 171 (3) - 01/07/2019; 2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 10 - 30/11/2020

Indemnification

2.9 The Corporation 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 Corporation or its members, officers, directors, employees or agents in the exercise or performance or intended exercise or performance of their duties and powers under this Act, the regulations, a Minister’s order, the administrative agreement or the information sharing agreements, or for any act or omission otherwise connected to this Act, the regulations, a Minister’s order, the administrative agreement or the information sharing agreements. 2020, c. 14, Sched. 5, s. 10.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 10 - 30/11/2020

No personal liability

2.10 (1) No action or other proceeding shall be instituted against a person mentioned in subsection (2), or who was formerly such a person, for any act done in good faith in the exercise or performance or intended exercise or performance of any of the person’s duties or powers under this Act, the regulations or a Minister’s order, or for any neglect or default in the exercise or performance in good faith of such a duty or power. 2020, c. 14, Sched. 5, s. 10.

Application

(2) Subsection (1) applies to the following persons:

1. The Registrar.

2. A Deputy Registrar.

3. An inspector.

4. A director or officer of the Corporation.

5. A person whom the Corporation employs or whose services the Corporation retains.

6. An agent of the Corporation.

7. A member of a committee or an advisory body of the Corporation.

8. The ombudsperson mentioned in section 5.7.

9. A person whom the ombudsperson employs or whose services the ombudsperson retains. 2020, c. 14, Sched. 5, s. 10.

Liability of Corporation

(3) Subsection (1) does not relieve the Corporation of liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2). 2020, c. 14, Sched. 5, s. 10.

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

2019, c. 7, Sched. 47, s. 2 - 29/05/2019

2020, c. 14, Sched. 5, s. 10 - 30/11/2020

Registrar

3 (1) The Corporation shall appoint a Registrar who shall perform the duties and exercise the powers given to the Registrar by this Act and the regulations under the supervision of the Corporation and who shall perform such other duties as are assigned by the Corporation.  R.S.O. 1990, c. O.31, s. 3.

Deputy Registrars

(2) The Corporation may appoint one or more Deputy Registrars who have and may exercise the powers and duties of the Registrar that the Registrar specifies.  1998, c. 18, Sched. E, s. 187.

References to Registrar

(3) If the Registrar so specifies, references in this Act and the regulations to the Registrar shall be deemed to refer to a Deputy Registrar.  1998, c. 18, Sched. E, s. 187.

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

1998, c. 18, Sched. E, s. 187 - 18/12/1998

Revenues and expenses

4 All money payable under this Act to the Corporation shall be retained by the Corporation and applied to defray the expenses incurred and expenditures made in the carrying out of its duties under this Act and otherwise for the purposes of its objects set out in subsection 2 (2).  R.S.O. 1990, c. O.31, s. 4.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 4, s. 3)

Revenues and expenses

4 The Corporation shall retain all money paid or payable to it under this Act even if the money forms part of the guarantee fund and, subject to the regulations, shall apply the money to defray the expenses that it incurs and the expenditures that it makes in carrying out its duties under this Act or its objects set out in subsection 2 (2). 2017, c. 33, Sched. 4, s. 3.

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

2017, c. 33, Sched. 4, s. 3 - not in force

Annual report

5 (1) The Corporation shall make a report annually to the Minister upon the affairs of the Corporation.  2000, c. 26, Sched. B, s. 15 (1).

Tabling

(2) The Minister shall,

(a) submit the report to the Lieutenant Governor in Council;

(b) lay the report before the Assembly if it is in session; and

(c) deposit the report with the Clerk of the Assembly if the Assembly is not in session.  2000, c. 26, Sched. B, s. 15 (1).

Disclosure by Corporation

(3) The Corporation may give a copy of its report under subsection (1) to other persons before the Minister complies with subsection (2).  2000, c. 26, Sched. B, s. 15 (1).

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

2000, c. 26, Sched. B, s. 15 (1) - 06/12/2000

Administrator

5.1 (1) Subject to subsection (2), the Minister may, by order, appoint an individual as an administrator of the Corporation for the purposes of assuming control of it and responsibility for its activities. 2017, c. 33, Sched. 4, s. 4.

Condition precedent

(2) The Minister may exercise the power described in subsection (1) 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 homes or owners.

2. An event of force majeure has occurred.

3. The Corporation is facing a risk of insolvency.

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

5. The Corporation has failed to enter into an administrative agreement in accordance with section 2.0.1. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 47, s. 3; 2020, c. 14, Sched. 5, s. 11.

Notice of appointment

(3) The Minister shall give the board the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 47, s. 3.

Immediate appointment

(4) Subsection (3) does not apply if there are not enough members on the board to form a quorum. 2017, c. 33, Sched. 4, s. 4.

Term of appointment

(5) The appointment of the administrator is valid until the Minister makes an order terminating it. 2017, c. 33, Sched. 4, s. 4.

Powers and duties of administrator

(6) 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 Corporation. 2017, c. 33, Sched. 4, s. 4.

Same, limitations

(7) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them. 2017, c. 33, Sched. 4, s. 4.

Right of access

(8) The administrator has the same rights as the board in respect of the documents, records and information of the Corporation. 2017, c. 33, Sched. 4, s. 4.

Report to Minister

(9) The administrator shall report to the Minister as the Minister requires. 2017, c. 33, Sched. 4, s. 4.

Minister’s directions

(10) The Minister may issue directions to the administrator about any matter within the administrator’s jurisdiction, and the administrator shall carry them out. 2017, c. 33, Sched. 4, s. 4.

No personal liability

(11) 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, 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. 2017, c. 33, Sched. 4, s. 4.

Crown liability

(12) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (11) does not relieve the Crown of liability to which it would otherwise be subject. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 17, s. 136 (1).

Liability of Corporation

(13) Subsection (11) does not relieve the Corporation of liability to which it would otherwise be subject. 2017, c. 33, Sched. 4, s. 4.

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

2017, c. 33, Sched. 4, s. 4 - 14/12/2017

2019, c. 7, Sched. 17, s. 136 (1) - 01/07/2019; 2019, c. 7, Sched. 47, s. 3 - 29/05/2019

2020, c. 14, Sched. 5, s. 11 - 30/11/2020

Status of board during administrator’s tenure

5.2 (1) On the appointment of an administrator under section 5.1, the members of the board cease to hold office, unless the order provides otherwise. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 47, s. 3.

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. 2017, c. 33, Sched. 4, s. 4.

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 Corporation after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2017, c. 33, Sched. 4, s. 4.

Crown liability

(4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) does not relieve the Crown of liability to which it would otherwise be subject. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 17, s. 136 (2).

Liability of Corporation

(5) Subsection (3) does not relieve the Corporation of liability to which it would otherwise be subject. 2017, c. 33, Sched. 4, s. 4.

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

2017, c. 33, Sched. 4, s. 4 - 14/12/2017

2019, c. 7, Sched. 17, s. 136 (2) - 01/07/2019; 2019, c. 7, Sched. 47, s. 3 - 29/05/2019

Oversight fees

5.3 The Corporation shall pay to the Minister, for each fiscal year of the Province or part of the year, an oversight fee in the amount that the Minister determines in respect of the cost that the Crown incurs in overseeing the activities of the Corporation in carrying out its objects, performing its duties and exercising its powers under this Act. 2017, c. 33, Sched. 4, s. 4.

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

2017, c. 33, Sched. 4, s. 4 - 14/12/2017

Auditor General

5.4 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Corporation, other than an audit required under the Corporations Act. 2017, c. 33, Sched. 4, s. 5.

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection 5.4 (1) of the Act is amended by striking out “Corporations Act” at the end and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2020, c. 14, Sched. 5, s. 12)

Access to records and information

(2) If the Auditor General conducts an audit under subsection (1), the Corporation shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2019, c. 7, Sched. 47, s. 4.

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

2017, c. 33, Sched. 4, s. 5 - 14/12/2017

2019, c. 7, Sched. 47, s. 4 - 29/05/2019

2020, c. 14, Sched. 5, s. 12 - not in force

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 13)

Regulatory Authority — Information

Information for regulatory authority

5.5 (1) The Registrar may require vendors, builders and other prescribed persons to disclose to the Registrar, in accordance with the regulations,

(a) information that is related to the administration of this Act;

(b) the information that the Registrar determines is necessary to assist the regulatory authority in carrying out its duties under section 33 of the New Home Construction Licensing Act, 2017; or

(c) any information that is prescribed. 2020, c. 14, Sched. 5, s. 13.

Information provision

(2) The Corporation shall provide the information that is disclosed to the Registrar under subsection (1) to such persons as may be required under the information sharing agreements or the regulations and shall do so in such manner and within such time as may be required under the information sharing agreements or the regulations. 2020, c. 14, Sched. 5, s. 13.

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

2020, c. 14, Sched. 5, s. 13 - 01/02/2021

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 14)

Information to provide to regulatory authority

5.6 Subject to the prescribed requirements or restrictions, if any, the Registrar shall provide the following information to the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017:

1. Information about the enrolment, or qualification for enrolment, of homes in the Plan.

2. Information about claims that the Registrar has received.

3. All other information, if any, that is prescribed. 2020, c. 14, Sched. 5, s. 14.

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

2020, c. 14, Sched. 5, s. 14 - 01/02/2021

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 15)

Ombudsperson

Ombudsperson

5.7 The Corporation shall make available, in accordance with the administrative agreement and the regulations, if any, an ombudsperson to carry out the following duties:

1. To inquire into and to respond to the administration of this Act by the Corporation.

2. To make recommendations in respect of the administration of this Act by the Corporation.

3. To carry out the other duties, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 15.

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

2020, c. 14, Sched. 5, s. 15 - 01/02/2021

Registration of Vendors and Builders

Registration required

6 No person shall act as a vendor or a builder unless the person is registered by the Registrar under this Act.  R.S.O. 1990, c. O.31, s. 6.

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 6 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Registration of vendors and builders

7 (1) An applicant is entitled to registration by the Registrar except where,

(a) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant’s undertakings;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 7 (1) (a) of the Act is amended by adding “or the financial position of an interested person in respect of the applicant” after “financial position”. (See: 2020, c. 14, Sched. 5, s. 16 (1))

(b) the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry on the applicant’s undertakings in accordance with law and with integrity and honesty;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 7 (1) (b) of the Act is amended by adding “or of an interested person in respect of the applicant” before “affords”. (See: 2020, c. 14, Sched. 5, s. 16 (2))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (1) of the Act is amended by adding the following clause: (See: 2020, c. 14, Sched. 5, s. 16 (3))

(b.1) the applicant or an employee or agent of the applicant makes a false statement or provides a false statement in an application for registration or for renewal of a registration;

(c) the applicant is a corporation and,

(i) having regard to its financial position, it cannot reasonably be expected to be financially responsible in the conduct of its undertakings, or

(ii) the past conduct of its officers or directors affords reasonable grounds for belief that its undertakings will not be carried on in accordance with law and with integrity and honesty; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 7 (1) (c) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 16 (4))

(c) the applicant is a corporation and,

(i) having regard to its financial position or the financial position of an interested person in respect of the corporation, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant’s undertakings,

(ii) having regard to the financial position of its officers or directors or an interested person in respect of its officers or directors, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant’s undertakings,

(iii) the past or present conduct of its officers or directors or of an interested person in respect of its officers or directors or of an interested person in respect of the corporation affords reasonable grounds for belief that its undertaking will not be carried on in accordance with the law and with integrity and honesty, or

(iv) an officer or director of the corporation makes a false statement or provides a false statement in an application for registration or for a renewal of a registration; or

(d) in the case of an application for registration as a builder, the applicant does not have sufficient technical competence to consistently perform the warranties.  R.S.O. 1990, c. O.31, s. 7 (1).

Conditions of registration

(2) A registration is subject to such terms and conditions to give effect to the purposes of this Act as are consented to by the applicant or imposed by the Tribunal or prescribed by the regulations.  R.S.O. 1990, c. O.31, s. 7 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 7 (2) of the Act is amended by striking out “Tribunal” and substituting “tribunal”. (See: 2020, c. 14, Sched. 5, s. 16 (5))

Registration not transferable

(3) A registration is not transferable.  R.S.O. 1990, c. O.31, s. 7 (3).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 7 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

2020, c. 14, Sched. 5, s. 16 (1-5) - not in force; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Refusal to register

8 (1) Subject to section 9, the Registrar may refuse to register an applicant where in the Registrar’s opinion the applicant is disentitled to registration under section 7.  R.S.O. 1990, c. O.31, s. 8 (1).

Revocation and refusal to renew

(2) Subject to section 9, the Registrar may refuse to renew or may suspend or revoke a registration for any reason that would disentitle the registrant to registration under section 7, if the registrant were an applicant, or where the registrant has a record of breaches of warranties or of failure or unwillingness to complete performance of contracts or is in breach of a term or condition of the registration.  R.S.O. 1990, c. O.31, s. 8 (2).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 8 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Notice of proposal to refuse or revoke

9 (1) Where the Registrar proposes to refuse to grant or renew a registration or proposes to suspend or revoke a registration, the Registrar shall serve notice of the proposal, together with written reasons therefor, on the applicant or registrant.  R.S.O. 1990, c. O.31, s. 9 (1).

Notice requiring hearing

(2) A notice under subsection (1) shall state that the applicant or registrant is entitled to a hearing by the Tribunal if the applicant or registrant mails or delivers, within fifteen days after service of the notice under subsection (1), notice in writing requiring a hearing to the Registrar and the Tribunal.  R.S.O. 1990, c. O.31, s. 9 (2).

Powers of Registrar where no hearing

(3) Where an applicant or registrant does not require a hearing by the Tribunal in accordance with subsection (2), the Registrar may carry out the proposal stated in the notice under subsection (1).  R.S.O. 1990, c. O.31, s. 9 (3).

Powers of Tribunal

(4) Where an applicant or registrant requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, on the application of the Registrar at the hearing, may by order direct the Registrar to carry out the Registrar’s proposal or refrain from carrying it out and to take such action as the Tribunal considers the Registrar ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Registrar.  R.S.O. 1990, c. O.31, s. 9 (4).

Conditions of order

(5) The Tribunal may attach such terms and conditions to its order or to the registration as it considers proper to give effect to the purposes of this Act.  R.S.O. 1990, c. O.31, s. 9 (5).

Parties

(6) The Registrar, the applicant or registrant who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  R.S.O. 1990, c. O.31, s. 9 (6).

Voluntary cancellation

(7) The Registrar may cancel a registration upon the request in writing of the registrant and this section does not apply to the cancellation.  2009, c. 33, Sched. 10, s. 11.

Continuance pending renewal

(8) Where, within the time prescribed therefor or, if no time is prescribed, before expiry of the registration, a registrant has applied for renewal of a registration and paid the prescribed fee, the registration shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the registrant is served with notice that the Registrar proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing has expired and, where a hearing is required, until the Tribunal has made its order.  R.S.O. 1990, c. O.31, s. 9 (8).

Appeal

(9) Even if a registrant appeals an order of the Tribunal 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.  1999, c. 12, Sched. G, s. 30 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 9 of the Act is amended by striking out “Tribunal” wherever it appears and substituting in each case “tribunal”. (See: 2020, c. 14, Sched. 5, s. 17)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 9 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

1999, c. 12, Sched. G, s. 30 (2) - 01/04/2000

2009, c. 33, Sched. 10, s. 11 - 15/12/2009

2020, c. 14, Sched. 5, s. 17 - not in force; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Further applications

10 A further application for registration may be made upon new or other evidence or where it is clear that material circumstances have changed.  R.S.O. 1990, c. O.31, s. 10.

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 10 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2020, c. 14, Sched. 5, s. 18)

Protections

Requirements for vendors of homes

10.1 A vendor shall not sell or offer to sell a home unless the vendor,

(a) is licensed as a vendor under the New Home Construction Licensing Act, 2017;

(b) has provided the Registrar with the particulars that the Registrar requires and in the manner that the Registrar requires;

(c) has paid the Registrar the fee that the Registrar requires;

(d) has complied with the other requirements, if any, that are prescribed;

(e) has received confirmation from the Registrar that the home,

(i) qualifies for enrolment in the Plan, if construction of the home has not commenced, or

(ii) has been enrolled in the Plan, if construction of the home has commenced; and

(f) has provided the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 with a copy of the confirmation described in clause (e). 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Requirements for builders of homes

10.2 (1) Subject to the prescribed requirements or restrictions, if any, a builder shall not offer to enter into a contract with an owner of land for the construction of a home on the land unless the builder,

(a) is licensed as a builder under the New Home Construction Licensing Act, 2017; and

(b) has complied with the other requirements, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 18.

Offering to commence construction

(2) A builder shall not offer to commence constructing a home unless the builder has complied with clauses (1) (a) and (b). 2020, c. 14, Sched. 5, s. 18.

Contract for construction

(3) Subject to the prescribed requirements or restrictions, if any, a builder shall not enter into a contract with an owner of land for the construction of a home on the land unless the builder,

(a) is licensed as a builder under the New Home Construction Licensing Act, 2017;

(b) has notified the Registrar of the intention to commence construction;

(c) has provided the Registrar with the particulars that the Registrar requires and in the manner that the Registrar requires;

(d) has paid the Registrar the fee that the Registrar requires;

(e) has complied with the other requirements, if any, that are prescribed;

(f) has received confirmation from the Registrar that the home has been enrolled in the Plan; and

(g) has provided the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 with a copy of the confirmation described in clause (f). 2020, c. 14, Sched. 5, s. 18.

Commencing construction

(4) A builder shall not commence constructing a home unless the builder has complied with clauses (3) (a) to (g). 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Enrolment of homes in Plan

10.3 (1) A vendor or a builder of a home that has not been constructed may apply to the Registrar for a determination as to whether the home qualifies for enrolment in the Plan. 2020, c. 14, Sched. 5, s. 18.

Same

(2) A builder of a home or a prescribed person may apply to the Registrar to enrol the home in the Plan. 2020, c. 14, Sched. 5, s. 18.

Application

(3) An application described in subsection (1) or (2) shall be in the form and manner that the Registrar requires and shall include the information that the Registrar reasonably requests with respect to the home and the other information, if any, that is prescribed. 2020, c. 14, Sched. 5, s. 18.

Determination of Registrar

(4) Upon receiving an application described in subsection (1) or (2), the Registrar shall, subject to section 10.6, determine whether to grant it and may consider the past and present financial position or conduct of the applicant, an interested person in respect of the applicant or any other prescribed person. 2020, c. 14, Sched. 5, s. 18.

Prescribed conditions

(5) Any conditions prescribed under clause 23 (1) (b.4) must be satisfied,

(a) before the Registrar makes a determination that a home qualifies for enrolment in the Plan;

(b) in order for a home to continue to qualify for enrolment in the Plan; and

(c) before the Registrar enrols a home in the Plan. 2020, c. 14, Sched. 5, s. 18.

Conditions

(6) Subject to section 10.6, the Registrar may impose conditions that must be satisfied,

(a) before the Registrar makes a determination that a home qualifies for enrolment in the Plan;

(b) in order for a home to continue to qualify for enrolment in the Plan; or

(c) before the Registrar enrols a home in the Plan. 2020, c. 14, Sched. 5, s. 18.

Registrar’s confirmation

(7) When the Registrar grants an application described in subsection (1) and all conditions prescribed under clause 23 (1) (b.4) and imposed under clause (6) (a) have been met, the Registrar shall provide the confirmation that the home qualifies for enrolment in the Plan to the applicant under the application and any other prescribed person in the prescribed manner. 2020, c. 14, Sched. 5, s. 18.

Same, enrolment

(8) When the Registrar grants an application described in subsection (2) and all conditions prescribed under clause 23 (1) (b.4) and imposed under clauses (6) (b) and (c) have been met, the Registrar shall provide the confirmation that the home has been enrolled in the Plan to the builder and any other prescribed person in the prescribed manner. 2020, c. 14, Sched. 5, s. 18.

Licensing conditions

(9) At any time after the Registrar provides a confirmation described in subsection (7) or (8) to a licensee, the Registrar may notify the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 of conditions that the Registrar requests be attached to the licence of the licensee or, subject to subsection (10), that it requires be attached to the licence. 2020, c. 14, Sched. 5, s. 18.

Mandatory licensing conditions

(10) In the prescribed circumstances, the Registrar may require the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 to attach conditions to the licence of the licensee if the Registrar determines it is necessary to do so. 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Suspension or revocation of qualification of enrolment

10.4 Subject to section 10.6, at any time after the Registrar has made a determination that a home qualifies for enrolment in the Plan and before the Registrar enrols the home in the Plan, the Registrar may suspend or revoke the determination. 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Cancellation of enrolment

10.5 Subject to section 10.6, at any time after the Registrar enrols a home in the Plan, the Registrar may cancel the enrolment if the Registrar determines that the home ceases to meet the definition of a home in subsection 1 (1). 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Notice of proposal

10.6 (1) The Registrar shall notify an applicant or a prescribed person if the Registrar proposes to,

(a) refuse to grant an application described in subsection 10.3 (1) or (2);

(b) impose conditions under subsection 10.3 (6);

(c) suspend or revoke a determination that the home qualifies for enrolment in the Plan; or

(d) cancel the enrolment of a home in the Plan. 2020, c. 14, Sched. 5, s. 18.

Content of notice

(2) The notice shall set out the reasons for the Registrar’s proposed action and shall state that the applicant or person is entitled to a hearing by the tribunal if the applicant or person mails or delivers, within 15 days after service of the notice, a written request for a hearing to the Registrar and to the tribunal. 2020, c. 14, Sched. 5, s. 18.

Service of notice

(3) The notice shall be served on the applicant or person in accordance with section 20, but this section prevails over section 20 to the extent of a conflict. 2020, c. 14, Sched. 5, s. 18.

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. 2020, c. 14, Sched. 5, s. 18.

Same

(5) If service is made by registered mail, it shall be deemed to have been made on the third day after the day of mailing. 2020, c. 14, Sched. 5, s. 18.

Other methods

(6) Despite subsection (4), the tribunal may order any other method of service. 2020, c. 14, Sched. 5, s. 18.

If no request for hearing

(7) If the applicant or person does not request a hearing in accordance with subsection (2), the Registrar may carry out the proposed action. 2020, c. 14, Sched. 5, s. 18.

Hearing

(8) If the applicant or person 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 the conditions that it sees fit instead of the conditions described in clause (1) (b) or substitute its opinion for that of the Registrar, as applicable. 2020, c. 14, Sched. 5, s. 18.

Powers of tribunal

(9) In addition to its powers under subsection (8), the tribunal may attach conditions to its order or to a determination that a home qualifies for enrolment in the Plan or to the enrolment of a home in the Plan. 2020, c. 14, Sched. 5, s. 18.

Parties

(10) The Registrar, the applicant or person and the other persons that the tribunal specifies are parties to the proceedings under this section. 2020, c. 14, Sched. 5, s. 18.

Immediate effect

(11) Even if the applicant or person 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. 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Non-application, residential condominium conversion projects

10.7 Sections 10.1 to 10.6 do not apply with respect to residential condominium conversion projects. 2020, c. 14, Sched. 5, s. 18.

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

2020, c. 14, Sched. 5, s. 18 - 01/02/2021

Ontario New Home Warranties Plan

Ontario New Home Warranties Plan

11 (1) The Ontario New Home Warranties Plan is continued under the name Ontario New Home Warranties Plan in English and Régime de garanties des logements neufs de l’Ontario in French and is comprised of the warranties and the guarantee fund and compensation provided for by this Act.  R.S.O. 1990, c. O.31, s. 11 (1).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the heading before section 11 and subsection 11 (1) of the Act are repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 19)

Ontario New Home Warranties and Protection Plan

Ontario New Home Warranties and Protection Plan

(1) The Ontario New Home Warranties Plan is continued under the name Ontario New Home Warranties and Protection Plan in English and Régime ontarien de garanties et de protection pour les logements neufs in French and is comprised of the warranties, protections, guarantee fund and compensation provided by this Act. 2020, c. 14, Sched. 5, s. 19.

Guarantee fund

(1.1) The guarantee fund includes all financial arrangements that are in place for providing money to the fund. 2019, c. 7, Sched. 47, s. 5.

Management of guarantee fund

(1.2) The Corporation shall maintain, manage and administer the guarantee fund and shall ensure that the money in the fund is adequate for the purpose of providing compensation under the Plan. 2019, c. 7, Sched. 47, s. 5.

Disclosures on entering into contract

(2) When a vendor enters into a contract for the sale of a home to an owner or for the construction of a home for an owner, the vendor shall deliver to the owner such documentation and notices respecting the Plan as are prescribed by the regulations.  R.S.O. 1990, c. O.31, s. 11 (2).

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

2019, c. 7, Sched. 47, s. 5 - 29/05/2019

2020, c. 14, Sched. 5, s. 19 - 01/02/2021

Notice of commencing construction

12 A builder shall not commence to construct a home until the builder has notified the Corporation of the fact, has provided the Corporation with such particulars as the Corporation requires and has paid the prescribed fee to the Corporation.  R.S.O. 1990, c. O.31, s. 12.

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 12 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Warranties

13 (1) Every vendor of a home warrants to the owner,

(a) that the home,

(i) is constructed in a workmanlike manner and is free from defects in material,

(ii) is fit for habitation, and

(iii) is constructed in accordance with the Ontario Building Code;

(b) that the home is free of major structural defects as defined by the regulations; and

(c) such other warranties as are prescribed by the regulations.  R.S.O. 1990, c. O.31, s. 13 (1).

Exclusions

(2) A warranty under subsection (1) does not apply in respect of,

(a) defects in materials, design and work supplied by the owner;

(b) secondary damage caused by defects, such as property damage and personal injury;

(c) normal wear and tear;

(d) normal shrinkage of materials caused by drying after construction;

(e) damage caused by dampness or condensation due to failure by the owner to maintain adequate ventilation;

(f) damage resulting from improper maintenance;

(g) alterations, deletions or additions made by the owner;

(h) subsidence of the land around the building or along utility lines, other than subsidence beneath the footings of the building;

(i) damage resulting from an act of God;

(j) damage caused by insects and rodents, except where construction is in contravention of the Ontario Building Code;

(k) damage caused by municipal services or other utilities;

(l) surface defects in work and materials specified and accepted in writing by the owner at the date of possession.  R.S.O. 1990, c. O.31, s. 13 (2).

Certificate of completion

(3) The vendor of a home shall deliver to the owner a certificate specifying the date upon which the home is completed for the owner’s possession and the warranties take effect from the date specified in the certificate.  R.S.O. 1990, c. O.31, s. 13 (3).

Term of warranty under subs.(1)

(4) A warranty under subsection (1) applies only in respect of claims made thereunder within one year after the warranty takes effect, or such longer time under such conditions as are prescribed.  R.S.O. 1990, c. O.31, s. 13 (4).

Privity of contract

(5) A warranty is enforceable even though there is no privity of contract between the owner and the vendor.  R.S.O. 1990, c. O.31, s. 13 (5).

Application of warranties

(6) The warranties set out in subsection (1) apply despite any agreement or waiver to the contrary and are in addition to any other rights the owner may have and to any other warranty agreed upon.  R.S.O. 1990, c. O.31, s. 13 (6).

Compensation

14 (1) Subject to the regulations, a person who has entered into a contract to purchase a home from a vendor is entitled to receive payment out of the guarantee fund for the amount that the person paid to the vendor as a deposit or other payment to be credited to the purchase price under the contract on closing if,

(a) the person has exercised a statutory right to rescind the contract before closing; or

(b) the person has a cause of action against the vendor resulting from the fact that title to the home has not been transferred to the person because,

(i) the vendor has gone into bankruptcy, or

(ii) the vendor has fundamentally breached the contract.  1998, c. 19, s. 185 (1); 2000, c. 26, Sched. B, s. 15 (2); 2017, c. 33, Sched. 4, s. 6 (1).

Same, construction contract

(2) Subject to the regulations, an owner of land who has entered into a contract with a builder for the construction of a home on the land and who has a cause of action against the builder for damages resulting from the builder’s failure to substantially perform the contract, is entitled to receive payment out of the guarantee fund of the amount by which the amount paid by the owner to the builder under the contract exceeds the value of the work and materials supplied to the owner under the contract.  1998, c. 19, s. 185 (1).

Same, breach of warranty

(3) Subject to the regulations, an owner of a home is entitled to receive payment out of the guarantee fund for damages resulting from a breach of warranty if,

(a) the person became the owner of the home through receiving a transfer of title to it or through the substantial performance by a builder of a contract to construct the home on land owned by the person; and

(b) the person has a cause of action against the vendor or the builder, as the case may be, for damages resulting from the breach of warranty.  1998, c. 19, s. 185 (1); 2000, c. 26, Sched. B, s. 15 (3, 4).

Same, major structural defect

(4) Subject to the regulations, an owner who suffers damage because of a major structural defect mentioned in clause 13 (1) (b) is entitled to receive payment out of the guarantee fund for the cost of the remedial work required to correct the major structural defect if the owner makes a claim within four years after the warranty expires or such longer time under such conditions as are prescribed.  1998, c. 19, s. 185 (1).

Interpretation, substantial performance

(5) For the purposes of this section, a contract is substantially performed if it is substantially performed within the meaning given by subsection 2 (1) of the Construction Act.  1998, c. 19, s. 185 (1); 2017, c. 24, s. 79.

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 14 of the Act is amended by adding the following subsections: (See: 2020, c. 14, Sched. 5, s. 20 (1))

Timelines and procedures for claims

(5.0.1) The timelines and procedures associated with claims for compensation from the guarantee fund may be prescribed by regulation made by the Lieutenant Governor in Council. 2020, c. 14, Sched. 5, s. 20 (1).

Conflict

(5.0.2) In the event of a conflict, a regulation made by the Lieutenant Governor in Council for the purposes of subsection (5.0.1) prevails over a by-law of the Corporation passed under section 23. 2020, c. 14, Sched. 5, s. 20 (1).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 14 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 5, s. 20 (2))

Delayed occupancy or closing

(5.0.3) Subject to the regulations, a person who has entered into an agreement to purchase a home from a vendor is entitled to receive payment out of the guarantee fund for a delay in,

(a) occupancy of the new home, as determined by the regulations; or

(b) closing the agreement of purchase and sale, as determined by the regulations. 2020, c. 14, Sched. 5, s. 20 (2).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 14 of the Act is amended by adding the following subsections: (See: 2017, c. 33, Sched. 4, s. 6 (2))

Evidence required of claimant

(5.1) Subject to subsection (5.2), a claimant under a claim,

(a) shall explain, in accordance with the regulations, the reasons for the concern giving rise to the claim;

(b) if the claim does not relate to an entitlement to receive compensation out of the guarantee fund under subsection (1) or (2) or is not a prescribed claim, shall include, in the reasons for the concern giving rise to the claim, a description of the symptoms of the concern that have been observed or experienced, unless the regulations provide otherwise; and

(c) is not required to prove the cause of the concern giving rise to the claim if the claimant has complied with clauses (a) and (b), unless the regulations provide otherwise. 2017, c. 33, Sched. 4, s. 6 (2).

Exception

(5.2) Subsection (5.1) does not apply to,

(a) a claim after the Corporation makes a decision mentioned in subsection (1) in respect of the claim; or

(b) a claim in respect of common elements or prescribed property of a condominium corporation. 2017, c. 33, Sched. 4, s. 6 (2).

Other recovery

(6) In assessing the amount for which a person is entitled to receive payment out of the guarantee fund under this section, the Corporation shall take into consideration any benefit, compensation, indemnity payable, or the value of work and materials furnished to the person from any source.  1998, c. 19, s. 185 (1).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 14 (6) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 20 (3))

Response of Corporation

(6) The Corporation shall investigate the concern giving rise to a claim to verify that it relates to an entitlement to receive compensation out of the guarantee fund under subsection (1), (2), (3) or (4) and, if it does, shall determine whether the claimant is entitled to receive such compensation and how it will deal with the claim. 2020, c. 14, Sched. 5, s. 20 (3).

Performance

(7) The Corporation may perform or arrange for the performance of any work in lieu of or in mitigation of damages claimed under this section.  1998, c. 19, s. 185 (1).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 14 (7) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 20 (3))

Inquiries, etc.

(7) In investigating a concern under subsection (6), the Corporation may make any inquiries, conduct any inspections or apply any technical and other expertise that it considers appropriate. 2020, c. 14, Sched. 5, s. 20 (3).

Expert help

(8) An individual making an inquiry or conducting an inspection under subsection (7) on behalf of the Corporation may be accompanied by one or more persons with special expert or professional knowledge, and other persons as necessary, as the individual considers advisable. 2020, c. 14, Sched. 5, s. 20 (3).

Conduct of inquiries, etc.

(9) The Corporation shall ensure that any actions it takes under subsection (7) are done in accordance with the regulations, if any. 2020, c. 14, Sched. 5, s. 20 (3).

Process of dealing with claims

(10) In dealing with a claim, the Corporation may use a range of processes for inquiring into the claim and for engaging with the claimant and other affected parties. 2020, c. 14, Sched. 5, s. 20 (3).

Other recovery

(11) In determining the amount for which a claimant is entitled to receive payment out of the guarantee fund, the Corporation shall, subject to the prescribed requirements or restrictions, if any, take into consideration any benefit, compensation or indemnity payable or the value of work and materials furnished to the claimant from any source. 2020, c. 14, Sched. 5, s. 20 (3).

Performance

(12) The Corporation may perform or arrange for the performance of any work in lieu of or in mitigation of damages that are claimed. 2020, c. 14, Sched. 5, s. 20 (3).

Notice of decision

(13) When the Corporation makes a decision in respect of a claim, it shall serve notice of the decision, together with reasons for the decision, on the claimant and the other persons, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 20 (3).

Appeal to tribunal

(14) A notice under subsection (13) shall state that the claimant is entitled to appeal the decision to the tribunal by providing notice to the tribunal, to the Corporation and to the other persons, if any, that are prescribed, in the form and within the time that is prescribed. 2020, c. 14, Sched. 5, s. 20 (3).

Copy of notice of appeal

(15) The Corporation shall provide a copy of any notice of appeal it receives under subsection (14) to the relevant vendor or builder and to any other persons that may be prescribed. 2020, c. 14, Sched. 5, s. 20 (3).

Dispute resolution

(16) The right to a hearing before the tribunal does not preclude the Corporation from making available one or more voluntary dispute resolution processes for a claim. 2020, c. 14, Sched. 5, s. 20 (3).

Tribunal hearing

(17) If the tribunal receives a notice of appeal under subsection (14), it shall appoint a time for and hold a hearing. 2020, c. 14, Sched. 5, s. 20 (3).

Parties

(18) The Corporation and the claimant are the parties to the proceedings before the tribunal under this section, unless the regulations provide otherwise. 2020, c. 14, Sched. 5, s. 20 (3).

Order

(19) After holding a hearing, the tribunal may,

(a) by order, direct the Corporation to take the action that the tribunal considers the Corporation ought to take in accordance with this Act and the regulations; and

(b) for the purposes of the order, substitute its opinion for that of the Corporation. 2020, c. 14, Sched. 5, s. 20 (3).

Other remedies unaffected

(20) Unless the regulations specifically provide otherwise, nothing in this Act restricts the remedies otherwise available to an owner or any other prescribed person for the failure of another person to perform a duty imposed by this Act. 2020, c. 14, Sched. 5, s. 20 (3).

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

1998, c. 19, s. 185 (1) - 05/05/2001

2000, c. 26, Sched. B, s. 15 (2-4) - 05/05/2001

2017, c. 24, s. 79 - 01/07/2018; 2017, c. 33, Sched. 4, s. 6 (1) - 14/12/2017; 2017, c. 33, Sched. 4, s. 6 (2) - 01/02/2021

2020, c. 14, Sched. 5, s. 20 (1-3) - 01/02/2021

Condominiums

15 For the purposes of sections 13 and 14,

(a) a condominium corporation shall be deemed to be the owner of the common elements of the corporation;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 15 (a) of the Act is amended by striking out “of the corporation” and substituting “in the corporation”. (See: 2020, c. 14, Sched. 5, s. 21 (1))

(b) subject to clauses (c) and (d), if dwelling units are included in the property of a condominium corporation, the warranties on the common elements of the corporation take effect on the date of the registration of the declaration and description;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 15 (b) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 21 (2))

(b) subject to clauses (c) and (d), if a condominium unit that is a residential dwelling is included in a condominium property, the warranties on the common elements in the condominium corporation take effect on the date of the registration of the condominium declaration and description in accordance with the Condominium Act, 1998;

(c) no warranties shall take effect on the common elements of a common elements condominium corporation or a vacant land condominium corporation;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 15 (c) of the Act is amended by striking out “of a common elements condominium corporation” and substituting “in a common elements condominium corporation”. (See: 2020, c. 14, Sched. 5, s. 21 (3))

(d) the warranties on common elements of a phased condominium corporation, that are added to the corporation after the registration of the declaration and description take effect on the date of the registration of the amendments to the declaration and description that created them; and

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 15 (d) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 21 (4))

(d) the warranties on common elements in a phased condominium corporation that are added to the corporation after the registration of the condominium declaration and description, in accordance with the Condominium Act, 1998, take effect on the date of the registration of the amendments to the condominium declaration and description that created them;

(e) the amalgamation of two or more condominium corporations does not affect or extend the warranties on the common elements of the amalgamating corporations.  1998, c. 19, s. 185 (2).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 15 (e) of the Act is amended by striking out “of the amalgamating corporations” at the end and substituting “in the amalgamating corporations”. (See: 2020, c. 14, Sched. 5, s. 21 (5))

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

1998, c. 19, s. 185 (2) - 05/05/2001

2020, c. 14, Sched. 5, s. 21 (1-5) - 01/02/2021

Liability of vendor

15.1 For the purposes of sections 13 and 14, a person, who at any time has registered as a vendor under this Act with respect to a home, for which the builder has complied with section 12 and has substantially completed the construction, shall be deemed to be a vendor of the home even if another person sells the home to an owner or completes a transaction to sell the home to an owner.  1998, c. 18, Sched. E, s. 188.

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 15.1 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 22)

Liability of vendor

15.l For the purposes of sections 13 and 14, a person shall be deemed to be a vendor of a home if the following conditions apply, even if another person sells the home to an owner or completes a transaction to sell the home to an owner:

1. The person at any time has registered as a vendor under this Act with respect to the home or at any time has been licensed as a vendor under the New Home Construction Licensing Act, 2017 with respect to the home.

2. The Registrar has confirmed that the home qualifies for enrolment in the plan or that the home has been enrolled in the plan, or the builder of the home has complied with section 12, as it read before it was repealed, as the case may be.

3. The builder of the home has substantially completed the construction of the home. 2020, c. 14, Sched. 5, s. 22.

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

1998, c. 18, Sched. E, s. 188 - 18/12/1998

2020, c. 14, Sched. 5, s. 22 - 01/02/2021

Notice of decision under s. 14

16 (1) Where the Corporation makes a decision under section 14, it shall serve notice of the decision, together with written reasons therefor, on the person or owner affected.  R.S.O. 1990, c. O.31, s. 16 (1).

Notice requiring hearing

(2) A notice under subsection (1) shall state that the person or owner served is entitled to a hearing by the Tribunal if the person or owner mails or delivers, within fifteen days after service of the notice under subsection (1), notice in writing requiring a hearing to the Corporation and the Tribunal.  R.S.O. 1990, c. O.31, s. 16 (2).

Powers of Tribunal

(3) Where a person or owner gives notice in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and may by order direct the Corporation to take such action as the Tribunal considers the Corporation ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Corporation.  R.S.O. 1990, c. O.31, s. 16 (3).

Parties

(4) The Corporation, the person or owner who has required the hearing and such other persons as the Tribunal may specify are parties to proceedings before the Tribunal under this section.  R.S.O. 1990, c. O.31, s. 16 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 16 of the Act is amended by striking out “Tribunal” wherever it appears and substituting in each case “tribunal”. (See: 2020, c. 14, Sched. 5, s. 23)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 16 of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

2020, c. 14, Sched. 5, s. 23 - not in force; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

Conciliation of disputes

17 (1) The Corporation may, upon the request of an owner, conciliate any dispute between the owner and a vendor.  R.S.O. 1990, c. O.31, s. 17 (1).

Idem

(2) Where there is a dispute between a vendor and an owner arising out of the contract, neither party shall commence any proceeding in respect thereof until after fifteen days after the party notifies the Corporation of the dispute for the purpose of giving the Corporation an opportunity to effect conciliation.  R.S.O. 1990, c. O.31, s. 17 (2).

Information to Corporation

(3) Each party to a dispute shall supply the Corporation with such particulars thereof as the Corporation requires.  R.S.O. 1990, c. O.31, s. 17 (3).

Arbitration

(4) Every agreement between a vendor and prospective owner shall be deemed to contain a written agreement to submit present or future differences to arbitration, subject to appeal to the Divisional Court, and the Arbitration Act, 1991 applies.  R.S.O. 1990, c. O.31, s. 17 (4); 2019, c. 7, Sched. 47, s. 6.

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

2019, c. 7, Sched. 47, s. 6 - 29/05/2019

Residential Condominium Conversion Projects

Interpretation

17.1 (1) In this section and sections 17.2 to 17.5,

“capital replacement plan”, in relation to a residential condominium conversion project, means a plan that,

(a) contains,

(i) details of any of the pre-existing elements of the project that can reasonably be expected to require prescribed repair during the initial period determined in accordance with subsection (2),

(ii) a schedule outlining the expenditures that can reasonably be expected for any prescribed repair of the pre-existing elements mentioned in subclause (i) during the initial period determined in accordance with subsection (2), and

(iii) any other prescribed information, and

(b) is prepared by a prescribed person in accordance with the prescribed criteria; (“plan de remplacement d’immobilisations”)

“commencement date”,

(a) in relation to a residential condominium conversion project that does not include a phase, means the date on which construction of the project is commenced as set out in subsection (3), or

(b) in relation to a phase of a residential condominium conversion project that constitutes a phase, means the date on which construction of the phase is commenced as set out in subsection (4); (“date de début”)

“phase” has the same meaning as in subsection 145 (3) of the Condominium Act, 1998; (“étape”)

“pre-existing elements” means the physical portions or components of a property or proposed property,

(a) that are or will be incorporated into,

(i) a residential condominium conversion project by the commencement date of the project, or

(ii) a phase of a residential condominium conversion project by the commencement date of the phase,

(b) that existed before the applicable commencement date mentioned in clause (a), and

(c) whose primary use before the applicable commencement date mentioned in clause (a) was,

(i) a use other than residential, or

(ii) a prescribed use; (“éléments préexistants”)

“pre-existing elements fund” means a fund that applies to the pre-existing elements of a residential condominium conversion project; (“fonds des éléments préexistants”)

“pre-existing elements fund study” means a fund study that,

(a) applies to the pre-existing elements of a residential condominium conversion project,

(b) contains the prescribed information, and

(c) is prepared by a prescribed person in accordance with the prescribed criteria; (“étude du fonds des éléments préexistants”)

“property” has the same meaning as in the Condominium Act, 1998; (“propriété”)

“property assessment report” means a report that,

(a) provides details of the condition of a property or proposed property that is a residential condominium conversion project,

(b) is prepared by a prescribed person in accordance with the prescribed criteria, and

(c) contains the prescribed information; (“rapport d’évaluation de propriété”)

“proposed property”, “proposed unit” and “purchaser of a unit” have the same meaning as in the Condominium Act, 1998; (“propriété projetée”, “partie privative projetée”, “acquéreur d’une partie privative”)

“residential condominium conversion project” means a project that,

(a) consists of a property or proposed property,

(b) includes or is proposed to include units capable of being used as self-contained dwellings for year-round residential occupancy, and

(c) contains pre-existing elements; (“projet de conversion en condominiums à usage d’habitation”)

“unit” has the same meaning as in the Condominium Act, 1998. (“partie privative”). 2015, c. 28, Sched. 1, s. 154 (7).

Initial period

(2) The initial period mentioned in the definition of “capital replacement plan” in subsection (1) is the period that begins on the date determined in the prescribed manner with respect to a residential condominium conversion project and ends on the prescribed anniversary of that date or, if no anniversary is prescribed, on its third anniversary. 2015, c. 28, Sched. 1, s. 154 (7).

When construction is commenced

(3) For the purposes of this section and sections 17.2 to 17.5, construction of a residential condominium conversion project that does not include a phase is commenced,

(a) if any portions or components of the foundation of the project include pre-existing elements, on the date when any work on the project, other than prescribed work, is commenced; or

(b) if no portions or components of the foundation of the project include any pre-existing elements, on the earlier of,

(i) the date when excavation on the project, other than prescribed work, is commenced, or

(ii) the date when other preparatory or related work for the installation of portions or components of the foundation of the project, other than prescribed work, is commenced. 2015, c. 28, Sched. 1, s. 154 (7).

Same, phase

(4) For the purposes of this section and sections 17.2 to 17.5, construction of a phase of a residential condominium conversion project is commenced,

(a) if any portions or components of the foundation of the phase include pre-existing elements, on the date when any work on the phase, other than prescribed work, is commenced; or

(b) if no portions or components of the foundation of the phase include any pre-existing elements, on the earlier of,

(i) the date when excavation on the phase, other than prescribed work, is commenced, or

(ii) the date when other preparatory or related work for the installation of portions or components of the foundation of the phase, other than prescribed work, is commenced. 2015, c. 28, Sched. 1, s. 154 (7).

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

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

Application of this Act

17.2 (1) This Act applies to a residential condominium conversion project and to a unit or a proposed unit in it only if,

(a) the builder is registered as a builder under this Act in respect of the project;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 17.2 (1) (a) of the Act is amended by striking out “is registered as a builder under this Act” and substituting “holds a licence as a builder under the New Home Construction Licensing Act, 2017”. (See: 2020, c. 14, Sched. 5, s. 24 (1))

(b) the vendor is registered as a vendor under this Act in respect of the project; and

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 17.2 (1) (b) of the Act is amended by striking out “is registered as a vendor under this Act” and substituting “holds a licence as a vendor under the New Home Construction Licensing Act, 2017”. (See: 2020, c. 14, Sched. 5, s. 24 (2))

(c) the project, the units or proposed units of it and the common elements of it have been enrolled in the Plan. 2015, c. 28, Sched. 1, s. 154 (7).

Limitation, pre-existing elements

(2) Despite subsection (1) and despite anything else in this Act, subclause 13 (1) (a) (i) does not apply with respect to pre-existing elements. 2015, c. 28, Sched. 1, s. 154 (7).

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

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

2020, c. 14, Sched. 5, s. 24 (1, 2) - 01/02/2021

Conditions precedent: enrolment, sale of units

17.3 (1) The conditions listed in subsection (2), in addition to any other conditions under this Act that apply, must be satisfied before,

(a) a residential condominium conversion project, the units or proposed units of it and the common elements of it are enrolled in the Plan; or

(b) a person sells or offers for sale any unit or proposed unit in a residential condominium conversion project. 2015, c. 28, Sched. 1, s. 154 (7).

Same

(2) The conditions mentioned in subsection (1) are the following:

1. The vendor has provided to the Registrar, in the prescribed manner and within the prescribed times,

i. a property assessment report for the residential condominium conversion project,

ii. a capital replacement plan for the project, and

iii. a pre-existing elements fund study for the project.

2. The Registrar has determined, in accordance with the prescribed criteria, that the project qualifies for enrolment in the Plan.

3. The vendor has provided evidence satisfactory to the Registrar that,

i. the pre-existing elements fund has been established in the prescribed manner, and

ii. the vendor has complied with any other requirements imposed by the Registrar or with any prescribed requirements with respect to the pre-existing elements fund.

4. The vendor has provided evidence satisfactory to the Registrar that,

i. the funding amount required by the Registrar has been placed in the pre-existing elements fund, in accordance with the prescribed requirements, or

ii. if the Registrar has given the vendor written permission to act under this subparagraph, the funding amount required by the Registrar will be placed in the pre-existing elements fund, in accordance with the prescribed requirements, on or before the date of registration of the declaration and description under the Condominium Act, 1998. 2015, c. 28, Sched. 1, s. 154 (7).

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

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

Confirmation of registration and enrolment

17.4 (1) With respect to a residential condominium conversion project, the Registrar shall provide confirmation of the facts set out in subsection (2), in the prescribed manner,

(a) to the builder and the vendor; and

(b) to any other prescribed person. 2015, c. 28, Sched. 1, s. 154 (7).

Same

(2) The facts mentioned in subsection (1) are,

(a) the fact that the residential condominium conversion project, the units or proposed units of it and the common elements of it have been enrolled in the Plan;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 17.4 (2) (a) of the Act is amended by striking out “have been enrolled in the Plan” at the end and substituting “have qualified for enrolment in the Plan or have been enrolled in the Plan, as the case may be”. (See: 2020, c. 14, Sched. 5, s. 25 (1))

(b) the fact that the builder of the project is registered as a builder in respect of the project under this Act; and

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 17.4 (2) (b) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 25 (2))

(b) the fact that the builder of the project holds a licence as a builder under the New Home Construction Licensing Act, 2017 in respect of the project;

(c) the fact that the vendor of the project is registered as a vendor in respect of the project under this Act. 2015, c. 28, Sched. 1, s. 154 (7).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 17.4 (2) (c) of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 25 (3))

(c) the fact that the vendor of the project holds a licence as a vendor under the New Home Construction Licensing Act, 2017 in respect of the project;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 17.4 of the Act is amended by adding the following subsections: (See: 2020, c. 14, Sched. 5, s. 25 (4))

Licensing conditions

(2.1) At any time after the Registrar provides a confirmation described in subsection (1) to a licensee, the Registrar may notify the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 of conditions that the Registrar requests be attached to the licence of the licensee or, subject to subsection (2.2), that it requires be attached to the licence. 2020, c. 14, Sched. 5, s. 25 (4).

Mandatory licensing conditions

(2.2) In the prescribed circumstances, the Registrar may require the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 to attach conditions to the licence of the licensee if the Registrar determines it is necessary to do so. 2020, c. 14, Sched. 5, s. 25 (4).

Prohibition

(3) No person shall commence construction of a residential condominium conversion project unless the Registrar has provided the confirmation described in subsection (1). 2015, c. 28, Sched. 1, s. 154 (7).

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

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

2020, c. 14, Sched. 5, s. 25 (1-4) - 01/02/2021

Pre-existing elements fund

17.5 (1) The vendor of a residential condominium conversion project shall establish and maintain the pre-existing elements fund for the project in accordance with the prescribed requirements and shall not seek reimbursement of any portion of the funding from the owner or purchaser of a unit or proposed unit, from the corporation, as defined in subsection 1 (1) of the Condominium Act, 1998, in respect of the project or from another corporation. 2015, c. 28, Sched. 1, s. 154 (7).

Use of fund

(2) The pre-existing elements fund shall be,

(a) held in accordance with the prescribed requirements; and

(b) used and accounted for in accordance with the prescribed requirements. 2015, c. 28, Sched. 1, s. 154 (7).

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

2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2020, c. 14, Sched. 5, s. 26)

Owner-Builders

Application of this Act

17.6 The prescribed provisions of this Act apply to an owner-builder in the prescribed circumstances, if any, subject to the conditions, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 26.

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

2020, c. 14, Sched. 5, s. 26 - 01/02/2021

Enforcement

Inspectors

18 (1) The Corporation shall appoint inspectors for the purposes of this Act.  R.S.O. 1990, c. O.31, s. 18 (1).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 18 (1) of the Act is amended by striking out “for the purposes of this Act” at the end and substituting “to conduct inspections for the purposes of this Act and as may be required by the regulations”. (See: 2020, c. 14, Sched. 5, s. 27 (1))

Power of entry

(2) An inspector may, for the purpose of inspecting a home during its construction, enter in or upon and inspect the premises constituting the site of the construction at any time without a warrant.  R.S.O. 1990, c. O.31, s. 18 (2).

Powers of inspector

(3) For the purposes of an inspection, the inspector may,

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 18 (3) of the Act is amended by adding “Subject to the regulations” at the beginning of the portion before clause (a). (See: 2020, c. 14, Sched. 5, s. 27 (2))

(a) require the production of the drawings and specifications of a home or any part thereof, including any drawings prescribed by the regulations, for his or her inspection and may require information from any person concerning any matter related to a home or part thereof;

(b) be accompanied by any person who has special or expert knowledge of any matter in relation to a home or part thereof; and

(c) alone or in conjunction with such other person or persons possessing special or expert knowledge, make such examinations, tests, or inquiries as are necessary for the purposes of the inspection.  R.S.O. 1990, c. O.31, s. 18 (3).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, section 18 of the Act is amended by adding the following subsection: (See: 2020, c. 14, Sched. 5, s. 27 (3))

Reports to Minister

(3.1) The Corporation shall report to the Minister respecting inspections under this Act in accordance with the regulations. 2020, c. 14, Sched. 5, s. 27 (3).

Obstruction of inspectors

(4) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or performance of a duty under this Act.  R.S.O. 1990, c. O.31, s. 18 (4).

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

2020, c. 14, Sched. 5, s. 27 (1-3) - 01/02/2021

Restraining order

19 (1) Where it appears to the Corporation that any vendor or builder does not comply with this Act or the regulations, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the Corporation may apply to the Superior Court of Justice for an order directing such person to comply with such provision and, upon the application, the court may make the order or such other order as the court thinks fit.  R.S.O. 1990, c. O.31, s. 19 (1); 2000, c. 26, Sched. B, s. 15 (5).

Appeal

(2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. O.31, s. 19 (2).

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

2000, c. 26, Sched. B, s. 15 (5) - 06/12/2000

General

Service of notice

20 Any notice or document required by this Act to be served or given may be served or given personally or by registered mail addressed to the person to whom notice is to be given at the person’s last known address and, where notice is served or given by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom the notice is given establishes that the person, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the notice, or did not receive the notice until a later date.  R.S.O. 1990, c. O.31, s. 20.

Certificate of evidence

21 The following statements are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in them for all purposes in any proceeding or prosecution, without the need for proving the office or signature of the Registrar, if the statements purport to be certified by the Registrar:

1. A statement as to the registration or non-registration of any person.

2. A statement as to the filing or non-filing of any document or material required or permitted to be filed with the Corporation.

3. A statement as to any other matter pertaining to a registration, non-registration, filing or non-filing of any person.  1998, c. 18, Sched. E, s. 189.

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

1998, c. 18, Sched. E, s. 189 - 18/12/1998

Non-application, Corporations Act

21.1 Subsections 129 (2) and (3) of the Corporations Act do not apply to the Corporation with respect to corporate by-laws that are necessary to implement a Minister’s order made under this Act, whether the order was made before or after this section comes into force. 2020, c. 14, Sched. 5, s. 28 (1).

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 21.1 of the Act is repealed and the following substituted: (See: 2020, c. 14, Sched. 5, s. 28 (2))

Non-application, Not-for-Profit Corporations Act, 2010

21.1 Subsections 17 (2) to (5) of the Not-for-Profit Corporations Act, 2010 do not apply to the Corporation with respect to corporate by-laws that are necessary to implement a Minister’s order made under this Act, whether the order was made before or after this section comes into force. 2020, c. 14, Sched. 5, s. 28 (2).

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

2020, c. 14, Sched. 5, s. 28 (1) - 30/11/2020; 2020, c. 14, Sched. 5, s. 28 (2) - not in force

Offences

22 (1) Every person is guilty of an offence who,

(a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations;

(b) contravenes section 6 or 12 or subsection 18 (4); or

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, clause 22 (1) (b) of the Act is amended by striking out “section 6 or 12” and substituting “section 6, 10.1, 10.2 or 12”. (See: 2020, c. 14, Sched. 5, s. 29)

(c) contravenes subsection 17.4 (3). 2015, c. 28, Sched. 1, s. 154 (10).

Directors and officers

(2) Every director or officer of a corporation who knowingly concurs in an offence described in subsection (1) is guilty of an offence. 2015, c. 28, Sched. 1, s. 154 (10).

Penalties

(2.1) A person who is convicted of an offence under subsection (1) or (2) is liable to,

(a) a fine of not more than $250,000, if the person is a corporation; or

(b) a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, if the person is an individual. 2015, c. 28, Sched. 1, s. 154 (10).

Limitations

(3) A proceeding under clause (1) (a) shall not be commenced after the first anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Registrar.  1998, c. 19, s. 185 (3); 2015, c. 28, Sched. 1, s. 154 (11).

Same

(4) A proceeding under clause (1) (b) shall not be commenced after the second anniversary of the day on which the facts that gave rise to the offence were discovered.  1998, c. 19, s. 185 (3).

Same

(5) A proceeding under clause (1) (c) shall not be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Registrar. 2015, c. 28, Sched. 1, s. 154 (12).

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

1998, c. 19, s. 185 (3) - 05/05/2001

2015, c. 28, Sched. 1, s. 154 (10, 12) - 01/01/2018; 2015, c. 28, Sched. 1, s. 154 (11) - 01/11/2017

2020, c. 14, Sched. 5, s. 29 - 01/02/2021

Lieutenant Governor in Council regulations

22.1 The Lieutenant Governor in Council may make regulations,

(a) prescribing individuals for the purposes of the definition of “officer” in subsection 1 (1);

(b) prescribing requirements or restrictions for the purposes of the definition of “owner-builder” in subsection 1 (1);

(c) prescribing matters and governing the determination of adjudicative bodies for the purposes of the definition of “tribunal” in subsection 1 (1);

(d) prescribing restrictions for the purposes of section 1.1;

(e) respecting anything that is to be prescribed or done by regulation under section 2.0.2;

(f) governing the expenses and expenditures to which section 4 applies;

(g) respecting anything that is to be prescribed or done by regulation under sections 5.5 and 5.6;

(h) respecting the ombudsperson for the purposes of section 5.7, including governing the duties of the ombudsperson and prescribing additional duties;

(i) respecting anything that is to be prescribed or done by regulation under sections 10.1 to 10.6, other than matters in respect of which the Corporation may make by-laws under clauses 23 (1) (b.1), (b.2), (b.3) and (b.4);

(j) extending the time of expiration of a warranty provided for under subsection 13 (1) in respect of an item that remains unfinished after the date specified in the certificate under subsection 13 (3);

(k) governing the evidence described in subsection 14 (5.1) and any matter relating to providing it;

(l) governing the timelines and procedures associated with claims for compensation from the guarantee fund under subsection 14 (5.0.1), including any steps to be taken by the claimant, the registrant under this Act, the licensee under the New Home Construction Licensing Act, 2017 or the Corporation before a payment out of the guarantee fund is made;

(m) respecting anything that is to be prescribed or done by regulation under subsections 14 (6) to (20);

(n) respecting procedures to be followed for the purposes of subsections 14 (14) to (19) where the tribunal is an arbitrator, including,

(i) providing for modifications to the procedures set out in subsections 14 (14) to (19) and the related regulations,

(ii) providing that the Arbitration Act, 1991 applies with respect to the procedures, and providing modifications to that Act for this purpose,

(iii) respecting the selection of an arbitrator,

(iv) deeming there to be an arbitration agreement between the prescribed parties, and

(v) deeming the arbitration agreement to include specified terms;

(o) prescribing the manner of determining the date mentioned in subsection 17.1 (2);

(p) prescribing the anniversary mentioned in subsection 17.1 (2);

(q) prescribing circumstances for the purposes of subsection 17.4 (2.2);

(r) prescribing requirements for the purposes of subsection 17.5 (2);

(s) respecting anything that is to be prescribed or done by regulation under section 17.6;

(t) governing inspections, including requiring the inspection of homes in the prescribed circumstances and in the prescribed manner;

(u) governing the Corporation’s reporting to the Minister respecting inspections;

(v) governing the procedures for resolution of disputes between any of a claimant, the Corporation, a vendor, a builder and an owner-builder, including prescribing circumstances when a person is not entitled to refer a dispute to adjudication under Part II.1 of the Construction Act;

(w) defining any word or expression used in this Act that is not expressly defined in this Act or in a by-law made under section 23;

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

(y) providing for further exemptions from or alterations to the application of the Corporations Act or the regulations made under it to the Corporation;

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, clause 22.1 (y) of the Act is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”. (See: 2020, c. 14, Sched. 5, s. 30 (2))

(z) providing for any transitional matter necessary for the effective implementation of,

(i) a revocation by the Lieutenant Governor in Council of a designation under subsection 2 (5), or

(ii) the repeal of all or any part of this Act and its replacement in full or in part by another Act;

(z.1) governing the right of recovery of the Corporation in respect of payments made out of the guarantee fund, costs incurred relating to a claim, administration fees, penalties and interest, and prescribing that such a regulation prevails over a by-law made by the Corporation;

(z.2) prescribing the circumstances in which a person is required to indemnify the Corporation, and prescribing that such a regulation prevails over a by-law made by the Corporation;

(z.3) prescribing the circumstances in which a person is required to reimburse the guarantee fund in respect of a payment out of the guarantee fund of a claim, or the value of services provided by the Corporation in respect of the claim, and the circumstances in which a person is required to pay administration fees, penalties and interest in respect of any payment or services rendered, prescribing rules respecting the time and manner for the reimbursement or the payment of such amounts, and prescribing that such a regulation prevails over a by-law made by the Corporation. 2020, c. 14, Sched. 5, s. 30 (1).

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

2015, c. 28, Sched. 1, s. 154 (13) - 01/01/2018

2017, c. 33, Sched. 4, s. 7 - no effect - see 2020, c. 14, Sched. 5, s. 33 (9) - 14/07/2020

2020, c. 14, Sched. 5, s. 30 (1) - 14/07/2020; 2020, c. 14, Sched. 5, s. 30 (2) - not in force

By-laws

23 (1) The Corporation may make by-laws,

(a) governing applications for registration of vendors and builders and the expiration and renewal of registration;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, paragraph 23 (1) (a) of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

(b) subject to the approval of the Minister, prescribing the terms and conditions of registration;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, paragraph 23 (1) (b) of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 23 (1) of the Act is amended by adding the following clauses: (See: 2020, c. 14, Sched. 5, s. 31 (1))

(b.1) subject to the approval of the Minister, prescribing requirements for vendors for the purposes of clause 10.1 (d);

(b.2) subject to the approval of the Minister, prescribing requirements for builders for the purposes of clause 10.2 (1) (b);

(b.3) subject to the approval of the Minister, prescribing requirements for builders for the purposes of clause 10.2 (3) (e);

(b.4) subject to the approval of the Minister, prescribing conditions for the purposes of subsection 10.3 (5);

(c) requiring the payment of fees on applications for registration or renewal of registration and prescribing the amounts thereof;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, paragraph 23 (1) (c) of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

(d) prescribing the fees payable by builders to the Corporation in respect of the construction of a home or any class of home;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, paragraph 23 (1) (d) of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

(e) governing applications for and the issuance of certificates under subsection 13 (3);

(f) governing agreements entered into between the Corporation and vendors or builders;

(g) subject to a regulation described in clause 22.1 (l) or (v), providing for the establishment and maintenance of the guarantee fund and governing procedures for claiming and determining claims for compensation from the guarantee fund;

(h) subject to the approval of the Minister, governing the procedures for conciliation of disputes;

(h.1) providing for the payment and refunding of fees respecting requests for conciliation;

(i) subject to the approval of the Minister, prescribing classes of dwellings that are homes;

(j) subject to a regulation described in clause 22.1 (j) and to the approval of the Minister, specifying warranties in addition to those provided for in clause 13 (1) (a) or (b) and the time of expiration thereof;

(k) subject to the approval of the Minister, defining major structural defects for the purpose of clause 13 (1) (b);

(k.1) subject to the approval of the Minister, providing that, despite clause 13 (2) (b), a warranty under subsection 13 (1) applies to secondary damage or other damages, losses or expenses that relate in any way to the defect, such as relocation costs and costs associated with advancing a claim, and governing in what circumstances the warranty applies and to what extent;

(l) requiring vendors and builders to be bonded or to provide other security in such form, on such terms and with such collateral security as are prescribed, and providing for the forfeiture of bonds or other security and for the disposition of the proceeds;

  (l.1) subject to the approval of the Minister, specifying information that a person is required to include in a claim for compensation from the guarantee fund;

(m) subrogating the Corporation or a named insurer to any right of recovery of a person in respect of a claim paid out of the insurance under the Plan and costs and providing the terms and conditions under which an action to enforce such rights may be begun, conducted and settled;

(m.1)  subject to a regulation described in clause 22.1 (t), allowing prescribed persons to inspect homes during or after their construction and requiring builders or vendors to pay the costs of the inspections;

(m.2)  subject to the approval of the Minister, governing deposits or other payments for the purpose of subsection 14 (1), including,

(i) what payments are included as deposits or other payments,

(ii) the way in which a vendor or builder is required to hold and deal with a deposit or other payment,

(iii) the security and other financial obligations that a vendor or builder is required to fulfil, and

(iv) the reporting that a vendor or builder is required to make to the Corporation in respect of deposits or other payments;

(m.3)  subject to the approval of the Minister, governing the entitlement of an owner to payment out of the guarantee fund, including interest, as compensation under section 14;

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 23 (1) of the Act is amended by adding the following clause: (See: 2020, c. 14, Sched. 5, s. 31 (6))

(m.4)  subject to the approval of the Minister, 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 agree 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;

(n) prescribing any matter required or authorized by this Act to be, or referred to in this Act as, prescribed by the regulations except a matter listed in section 22.1;

(o) prescribing forms for the purposes of the Corporation and forms for claims for compensation from the guarantee fund. R.S.O. 1990, c. O.31, s. 23 (1); 1994, c. 27, s. 94; 1998, c. 18, Sched. E, s. 190; 1998, c. 19, s. 185 (4-7); 2015, c. 28, Sched. 1, s. 154 (14); 2017, c. 33, Sched. 4, s. 8; 2020, c. 14, Sched. 5, s. 31 (2-5).

Legislation Act, 2006, Part III

(2) A by-law passed under subsection (1) shall be deemed to be a regulation to which Part III (Regulations) of the Legislation Act, 2006 applies.  R.S.O. 1990, c. O.31, s. 23 (2); 2006, c. 21, Sched. F, s. 136 (1).

Act binds Crown

(3) This Act, except sections 6 to 10, binds the Crown.  R.S.O. 1990, c. O.31, s. 23 (3).

Note: On February 1, 2021, the day named by proclamation of the Lieutenant Governor, subsection 23 (3) of the Act is repealed. (See: 2020, c. 14, Sched. 5, s. 32)

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

1994, c. 27, s. 94 - 09/12/1994; 1998, c. 18, Sched. E, s. 190 - 18/12/1998; 1998, c. 19, s. 185 (4-7) - 05/05/2001

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

2015, c. 28, Sched. 1, s. 154 (14) - 01/01/2018

2017, c. 33, Sched. 4, s. 8 (1-4) - 14/12/2017

2020, c. 14, Sched. 5, s. 31 (1, 6) - 01/02/2021; 2020, c. 14, Sched. 5, s. 31 (2-5) - 14/07/2020; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

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