New Home Construction Licensing Act, 2017

Bills that amended this Act0

No published amendment links yet for this Act.

Sections146

• [s0]

  PART I INTERPRETATION

• [s1]
• 1Definitions

  1 (1) In this Act, “administrative agreement” means the agreement described in subsection 3 (1); (“accord d’application”) “administrative penalty” means an administrative penalty imposed under section 76; (“pénalité administrative”) “assessor” means an assessor appointed under subsection 75 (2) who is authorized to impose an administrative penalty or the registrar acting as an assessor; (“évaluateur”) “builder” has the same meaning as “builder” as defined in section 1 of the Ontario New Home Warranties Plan Act; (“constructeur”) “common elements” means all the condominium property except the condominium units; (“parties communes”) “common elements condominium corporation”, “common expenses” and “common interest” have the same meaning as in the Condominium Act, 1998; (“association condominiale de parties communes”, “dépenses communes”, “intérêt commun”) “condominium corporation” means a c…

• [s2]

  PART II ADMINISTRATION

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  Delegation

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• 2Designation of regulatory authority

  2 (1) The Lieutenant Governor in Council may, by regulation, designate a not-for-profit corporation without share capital incorporated under the laws of Ontario as the regulatory authority for the purposes of this Act. Delegated provisions (2) The Lieutenant Governor in Council may, by regulation, designate provisions of this Act and the regulations, except for this Part and sections 83, 84 and 85, as the delegated provisions. Delegation of administration (3) If the Lieutenant Governor in Council designates a corporation as the regulatory authority, the administration of the delegated provisions is delegated to the authority and the authority shall carry out the administration of the delegated provisions.

• 3Administrative agreement

  3 (1) The Lieutenant Governor in Council shall not designate a corporation under subsection 2 (1) until the Minister and the corporation have entered into an agreement to be known as the administrative agreement. 2017, c. 33, Sched. 1, s. 3 (1). Contents (2) The administrative agreement shall include, at a minimum, terms related to the following matters: 1. The governance of the regulatory authority. 2. All matters that the Minister considers necessary for the regulatory authority to carry out the administration of the delegated provisions. 3. The maintenance by the regulatory authority of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations. 4. The financial terms of the delegation of the administration of the delegated provisions, including payments to the Crown, licence fees, royalties and reimbursements for tr…

• 4Information sharing

  4 (1) The regulatory authority shall share the prescribed information with the Minister, the warranty authority and prescribed persons in accordance with the regulations and in the manner and within the time prescribed. 2017, c. 33, Sched. 1, s. 4 (1). 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. 2017, c. 33, Sched. 1, s. 4 (2). Agreements (3) For the purpose of complying with subsection (1), the regulatory authority shall, in accordance with the regulations, enter into agreements with the Minister, the warranty authority and prescribed persons in the manner and within the time prescribed. 2017, c. 33, Sched. 1, s. 4 (3) Content of agreements (4) The information sharing agreements mentioned in subsection (3) shall include, at a minimum…

• 5Compliance by regulatory authority

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

• 6Review

  6 (1) The Minister may, (a) require that policy, legislative or regulatory reviews related to the powers and duties of the regulatory authority under this Act, the regulations, the administrative agreement or the information sharing agreements be carried out, (i) by or on behalf of the authority, or (ii) by a person or entity specified by the Minister; or (b) require that reviews of the regulatory authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (i) by or on behalf of the authority, or (ii) by a person or entity specified by the Minister. Access to records (2) If a review is carried out by a person or entity specified by the Minister, the regulatory authority shall give the person or entity specified by the Minister and the employees of the person or entity access to all records and oth…

• 7Conflict

  7 In the event of conflict, this Act and the regulations prevail over, (a) the administrative agreement and the information sharing agreements; (b) the Corporations Information Act and the regulations made under it; and (c) the constating documents, by-laws and resolutions of the regulatory authority. 2017, c. 33, Sched. 1, s. 7; 2020, c. 14, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (1) - no effect - see 2020, c. 14, Sched. 4, s. 25 - 14/07/2020 2020, c. 14, Sched. 4, s. 4 - 01/02/2021

• 8Revocation of designation

  8 (1) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority if the Lieutenant Governor in Council considers it advisable to do so in the public interest. Revocation for non-compliance (2) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority if, (a) the authority has failed to comply with this Act, the regulations, the administrative agreement, any of the information sharing agreements or other applicable law; (b) the Minister has allowed the authority the opportunity of remedying its default within a specified time period that the Minister considers reasonable in the circumstances; and (c) the authority has not remedied its default to the Minister’s satisfaction within the specified time period mentioned in clause (b) and the Minister has so advised the Lieutenant Governor in Council.…

• 9Condition precedent for exercise of certain powers

  9 The Minister may exercise a power under subsection 24 (1) or any other prescribed provision only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied: 1. The exercise of the power is necessary to prevent serious harm to the interests of the public, purchasers of new homes or owners. 2. An event of force majeure has occurred. 3. The regulatory authority is facing a risk of insolvency. 4. The number of members of the board of the regulatory authority is insufficient for a quorum.

• [s12]

  Regulatory Authority

• [s13]
• 10Competency criteria for board members

  10 (1) The Minister may, by order, establish competency criteria for members of the board of the regulatory authority. 2017, c. 33, Sched. 1, s. 10 (1); 2022, c. 21, Sched. 5, s. 1 (1). 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). 2017, c. 33, Sched. 1, s. 10 (2). Conflict (3) In the event of a conflict, an order made under subsection (1) prevails over a constating document, by-law or resolution of the regulatory authority.2017, c. 33, Sched. 1, s. 10 (3); 2022, c. 21, Sched. 5, s. 1 (2). Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 5, s. 1 (1, 2) - 28/11/2022

• 11Composition of the board

  11 (1) The Minister may, by order, provide that no more than a fixed percentage of members of the board of the authority shall be drawn from among the persons or classes of persons set out in the order. 2017, c. 33, Sched. 1, s. 11 (1); 2020, c. 14, Sched. 4, s. 5; 2022, c. 21, Sched. 5, s. 2 (1). Conflict (2) In the event of a conflict, an order made under subsection (1) prevails over a constating document, by-law or resolution of the regulatory authority. 2017, c. 33, Sched. 1, s. 11 (2); 2022, c. 21, Sched. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 5 - 01/02/2021 2022, c. 21, Sched. 5, s. 2 (1, 2) - 28/11/2022

• 12Minister’s appointments to board

  12 (1) The Minister may appoint at pleasure one or more members to the board of the regulatory authority for a term specified in the appointment. Majority (2) The number of members appointed by the Minister shall not form a majority of the board. Representation (3) The members appointed by the Minister may include, (a) representatives of the public, consumer groups, businesses or government organizations; and (b) representatives of other interests as the Minister determines.

• 13Appointment of chair

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

• 14Public access to corporate information

  14 (1) The regulatory authority shall make available to the public, on its website and by any other means that the authority determines, the following information within the prescribed time: 1. Prescribed information relating to the compensation of board members, officers and employees and relating to any other payments that the authority makes or is required to make to them. 2. Corporate by-laws of the authority. 3. Any other information that is prescribed. 2017, c. 33, Sched. 1, s. 14 (1). Compensation information (2) A regulation made under paragraph 1 of subsection (1) may require that the regulatory authority make available to the public under that subsection information relating to the compensation of a board member or officer who is in office on February 1, 2021 or an individual who is an employee on that day, where the information is for a period that begins before that day. 2017…

• 15Employees

  15 (1) Subject to the administrative agreement, the regulatory authority may employ or retain the services of any qualified person to carry out any of its powers and duties under this Act or the regulations. Not Crown employees (2) The following persons are not employees of the Crown and shall not hold themselves out as such: 1. Persons who are employed or whose services are retained under subsection (1). 2. Members, officers and agents of the regulatory authority. 3. Members of the board of the regulatory authority, including those appointed by the Minister.

• 16Not Crown agency

  16 (1) Despite the Crown Agency Act, the regulatory authority is not an agent of the Crown for any purpose and shall not hold itself out as such. Same (2) The following persons are not agents of the Crown and shall not hold themselves out as such: 1. Persons who are employed or whose services are retained by the regulatory authority under subsection 15 (1). 2. Members, officers and agents of the regulatory authority. 3. Members of the board of the regulatory authority, including those appointed by the Minister. Limits on liability

• 17No personal liability, employee of the Crown

  17 (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. 4, s. 6. 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. 4, s. 6. 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 wh…

• 17 #21No personal liability, employee of the Crown
• 18Indemnification

  18 The regulatory authority shall indemnify the Crown, in accordance with the administrative agreement, in respect of damages and costs incurred by the Crown for any act or omission of the regulatory authority 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. 4, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 7 - 01/02/2021

• 19No personal liability

  19 (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. 4, s. 8. Application (2) Subsection (1) applies to the following persons: 1. The registrar. 2. A deputy registrar. 3. The Director. 4. A Deputy Director. 5. An inspector. 6. An investigator. 7. An assessor. 8. A director or officer of the regulatory authority. 9. A person whom the regulatory authority employs or whose services the regulatory authority retains. 10. An agent of the regulatory authority. 11. A member of the discipline committee und…

• 18 #23Indemnification
• 20Repealed

  20 Repealed: 2020, c. 14, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 9 - 01/02/2021

• 21Not public money

  21 (1) The money that the regulatory authority collects in carrying out its powers and duties under this Act or the regulations is not public money within the meaning of the Financial Administration Act. 2017, c. 33, Sched. 1, s. 21 (1). Use of money (2) Subject to section 26 and the administrative agreement, the regulatory authority may use the money described in subsection (1) to carry out activities in accordance with its purposes. 2017, c. 33, Sched. 1, s. 21 (2), 87 (2). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (2) - 19/10/2021

• 19 #25No personal liability
• 22Audit

  22 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the regulatory authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2017, c. 33, Sched. 1, s. 22 (1), 87 (3). Access to records and information (2) If the Auditor General conducts an audit under subsection (1), the regulatory authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2017, c. 33, Sched. 1, s. 22 (2). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (3) - 19/10/2021

• 23Reports

  23 (1) The board of the regulatory authority shall report to the Minister on its activities and financial affairs as they relate to this Act, the administrative agreement and the information sharing agreements. Form and contents (2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires. Time for reports (3) The board of the regulatory authority shall prepare the report for each year and at the other times that the Minister specifies. Disclosure by board (4) The board of the regulatory authority shall publish the report on the authority’s website and by any other method within the period and in the manner that the Minister requires.

• 24Administrator

  24 (1) Subject to section 9, the Minister may, by order, appoint an individual as an administrator of the regulatory authority for the purposes of assuming control of it and responsibility for its activities. 2017, c. 33, Sched. 1, s. 24 (1). Notice of appointment (2) The Minister shall give the board of the regulatory authority the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2017, c. 33, Sched. 1, s. 24 (2). Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2017, c. 33, Sched. 1, s. 24 (3). Term of appointment (4) The appointment of the administrator is valid until the Minister makes an order terminating it. 2017, c. 33, Sched. 1, s. 24 (4). Powers and duties of administrator (5) Unless the order appointing the administrator provides otherwise, the administrat…

• 25Status of board during administrator’s tenure

  25 (1) On the appointment of an administrator under section 24, the members of the board of the regulatory authority cease to hold office, unless the order provides otherwise. 2017, c. 33, Sched. 1, s. 25 (1). 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. 1, s. 25 (2). No personal liability (3) No action or other proceeding shall be instituted against a member or former member of the board for anything done by the administrator or the regulatory authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2017, c. 33, Sched. 1, s. 25 (3). Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not reli…

• [s29]

  Powers and Duties of Regulatory Authority

• [s30]
• 26Additional powers

  26 (1) The regulatory authority may carry out activities in addition to those provided for under this Act in accordance with its purposes, subject to subsection (2). 2017, c. 33, Sched. 1, s. 26 (1), 87 (4). Commercial activities (2) The regulatory authority shall not engage in commercial activity through a person or entity that is related to the authority. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (4) - 19/10/2021

• 27Change to purposes

  27 The regulatory authority shall not make any changes to its purposes unless the Minister’s written approval is obtained in advance. 2017, c. 33, Sched. 1, s. 27, 87 (5). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (5) - 19/10/2021

• [s32]
• 28Right to use French

  28 (1) A person has the right to communicate in French with, and to receive available services in French from, the regulatory authority. Definition (2) In subsection (1), “service” means any service or procedure that is provided to the public by the regulatory authority in carrying out its powers and duties under this Act or the regulations and includes, (a) responding to inquiries from members of the public, and (b) any other communications for the purpose of providing the service or procedure. Board’s duty (3) The board of directors of the regulatory authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. Limitation (4) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.

• 29Forms and fees

  29 (1) The regulatory authority may, (a) establish forms related to the administration of the delegated provisions and provide for their content; (b) in accordance with processes and criteria established by the authority and approved by the Minister, set and collect fees, costs or other charges related to the administration of the delegated provisions; and (c) make rules governing the payment of the fees, costs and charges described in clause (b). Setting fees (2) In setting the fees, costs and charges described in clause (1) (b), the regulatory authority may specify their amounts or the method for determining the amounts. Publication of fee schedule (3) The regulatory authority, (a) shall publish the fees, costs and charges, processes, criteria and rules on its website or by any other electronic means required under the administrative agreement; and (b) may publish that information in a…

• 30Advisory councils, advisory process

  30 The Minister may require the regulatory authority to, (a) establish one or more advisory councils; (b) include, as members of an advisory council, representatives of the public, consumer groups, businesses or government organizations and other persons as the Minister determines; or (c) undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to this Act.

• 31Duty to inform Minister

  31 The regulatory authority shall advise the Minister with respect to, (a) any material fact that could affect the authority’s ability to perform its duties under this Act or the regulations; or (b) any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated provisions is carried out properly.

• 32Advice to the Minister

  32 (1) The regulatory authority shall advise or report to the Minister on any matter that the Minister refers to it and that relates to this Act or the administration of the delegated provisions. Suggestions for legislative amendments (2) The regulatory authority may suggest to the Minister amendments to Ontario legislation that it considers would, (a) further the purpose of this Act; or (b) assist the authority in carrying out its powers and duties under this Act or the regulations.

• 33Research and public education

  33 (1) The regulatory authority shall participate, in accordance with the administrative agreement and the regulations, if any, in, (a) doing research into cost-effective building techniques, processes and materials; and (b) identifying, in co-operation with other organizations, best practices for new home construction. 2017, c. 33, Sched. 1, s 33 (1); 2020, c. 14, Sched. 4, s. 10. Consumer education (2) The regulatory authority shall engage in efforts to support consumer education and awareness about new home construction, ownership and maintenance. 2017, c. 33, Sched. 1, s 33 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 10 - 01/02/2021

• 34Information for registrar

  34 (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; and (b) any information that is prescribed. 2020, c. 14, Sched. 4, s. 11. Information provision (2) The regulatory authority 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. 4, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 11 - 01/02/2021

• [s39]

  Miscellaneous

• [s40]
• 35Registrar

  35 (1) The following person or body shall appoint a registrar for the purposes of this Act and may appoint one or more deputy registrars: 1. The board of the regulatory authority. 2. The Minister, if there is no regulatory authority. Deputy registrars (2) A deputy registrar may exercise the powers and perform the duties of the registrar that the registrar specifies and shall, if the registrar so directs, act as the registrar in the registrar’s absence. If more than one deputy registrar (3) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (2) at any one time in respect of the powers and duties that the registrar specifies.

• 36Director

  36 (1) Subject to subsection (2), the following person or body shall appoint a Director for the purposes of this Act and may appoint one or more Deputy Directors: 1. The board of the regulatory authority. 2. The Minister, if there is no regulatory authority. Restriction (2) A person appointed as the registrar or a deputy registrar under section 35 shall not be appointed as the Director or a Deputy Director under subsection (1) of this section. Deputy Directors (3) A Deputy Director shall perform the duties that the Director assigns and shall, if directed by the Director, act as the Director in the Director’s absence. If more than one Deputy Director (4) If more than one Deputy Director is appointed, only one Deputy Director may act as the Director under subsection (3) at any one time in respect of the powers and duties that the Director specifies.

• [s42]

  PART III LICENSING

• 34 #42Information for registrar
• [s43]
• 37Licences required

  37 (1) No person shall act or hold oneself out as a vendor, offer to sell or transfer a new home, including as prescribed, or sell or transfer a new home, including as prescribed, unless the person is licensed as a vendor and meets the other prescribed requirements, if any. Same, builder (2) No person shall act or hold oneself out as a builder, offer to construct a new home or construct a new home unless the person is licensed as a builder and meets the other prescribed requirements, if any. Owner-builder (3) An owner-builder is not a builder unless prescribed otherwise.

• 38Application for licence

  38 (1) An applicant is entitled to a licence or a renewal of a licence by the registrar if, in the registrar’s opinion, (a) the applicant is not a corporation and, (i) having regard to the past and present financial position of the applicant, all interested persons in respect of the applicant and all other prescribed persons, the applicant can reasonably be expected to be financially responsible in the conduct of business, (ii) the past and present conduct of the applicant, of all interested persons in respect of the applicant and of all other prescribed persons affords reasonable grounds to believe that the applicant will carry on business in accordance with the law and with integrity and honesty, and (iii) neither the applicant, nor any employee or agent of the applicant, nor any other prescribed person has made any false statement with respect to the conduct of the applicant’s busines…

• 39Conditions of licence

  39 A licence is subject to the conditions, (a) to which the applicant or licensee consents; (b) that the registrar applies under subsection 40 (3), (4) or (6); (c) that the Tribunal orders; or (d) that are prescribed.

• [s46]
• 40Registrar’s powers with hearing

  40 (1) Subject to section 43, the registrar may refuse to license an applicant or renew the licence of a licensee if, (a) in the registrar’s opinion, the applicant or licensee is not entitled to a licence under subsection 38 (1); or (b) the applicant or licensee fails or refuses to comply with subsection 38 (2). 2017, c. 33, Sched. 1, s. 40 (1). Suspension or revocation of licence (2) Subject to section 43, the registrar may suspend or revoke a licence at any time for any reason that would cause the licensee to be disentitled to the licence. 2017, c. 33, Sched. 1, s. 40 (2). Conditions (3) Subject to section 43, the registrar may, (a) approve the licence or the renewal of a licence on the conditions that the registrar considers appropriate; and (b) at any time, apply to a licence the conditions that the registrar considers appropriate. 2017, c. 33, Sched. 1, s. 40 (3). Same (4) Subject t…

• 41Voluntary cancellation

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

• 42Expiry of licence

  42 (1) A licence expires at the time that is specified in the licence or on the occurrence of an event that is described in the licence. No application for renewal (2) A licensee may allow a licence to expire by not applying to renew it before its expiry.

• 43Notice of conditions or proposal

  43 (1) The registrar shall notify an applicant or licensee in writing if the registrar proposes to, (a) refuse, under subsection 40 (1), to grant or renew a licence; (b) suspend or revoke a licence under subsection 40 (2) or 45 (1); (c) apply conditions to a licence under subsection 40 (3) to which the licensee has not consented; or (d) apply conditions to a licence under subsection 40 (4) or (6). Content of notice (2) The notice shall set out the reasons for the registrar’s proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal. Service of notice (3) The notice shall be served on the applicant or licensee in accordance with section 81. Service of hearing request (4) A request for …

• 44Continuation pending renewal

  44 If, within the time prescribed or, if no time is prescribed, before the expiry of the licensee’s licence, the licensee has applied for a renewal of a licence and paid the required fee, the licence shall be deemed to continue until, (a) the renewal is granted; (b) the registrar gives the licensee written notice of the registrar’s refusal under section 40 to grant the renewal; (c) the time for requesting a hearing under section 43 has expired, if the licensee receives a notice of a proposal under that section and does not request such a hearing; or (d) the Tribunal makes its order, if the licensee receives a notice of a proposal under section 43 and does request such a hearing.

• 45Immediate suspension

  45 (1) If the registrar proposes to suspend or revoke a licence under subsection 40 (2) and if the registrar considers it in the public interest to do so, the registrar may, by order, temporarily suspend the licence. Immediate effect (2) An order under subsection (1) takes effect immediately. Expiry of order (3) If the licensee requests a hearing under section 43, the order expires 15 days after the Tribunal receives the written request for a hearing, but the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period. Extension of expiry of order (4) Despite subsection (3), if the Tribunal is satisfied that the conduct of the licensee has delayed the commencement of the hearing, it may extend the time of the expiration for the order, (a) until the hearing commences; and (b) once the hearing commences, until the hearing is…

• 46Further application

  46 Once a decision of the registrar to refuse a person a licence or a renewal of a licence or to revoke a licence of a person has become final, the person may reapply for a licence only if, (a) the time prescribed to reapply has passed since the refusal or revocation; and (b) the person satisfies the registrar that new or other evidence is available or that material circumstances have changed.

• 47Licence not transferable

  47 (1) A licence is not transferable. Trustee in bankruptcy (2) The appointment of a trustee in bankruptcy, receiver, court-appointed receiver, monitor within the meaning of the Companies’ Creditors Arrangement Act (Canada) or other insolvency agent for a licensee does not result in a transfer of any licence of the licensee, but this Act applies with necessary modifications to the person so appointed who deals with the licence, as if that person were the licensee. Notice to registrar (3) Within 15 days after the date of the bankruptcy, as defined in section 2 of the Bankruptcy and Insolvency Act (Canada), or the prescribed insolvency proceeding with respect to a licensee, the trustee in bankruptcy, receiver, court-appointed receiver, monitor within the meaning of the Companies’ Creditors Arrangement Act (Canada) or other insolvency agent shall give the registrar a written notice of the b…

• 48Sale by person other than vendor

  48 For the purposes of this Act, a person, who at any time is licensed as a vendor and who acts as the vendor of a new home to which a warranty described in subsection 13 (1) of the Ontario New Home Warranties Plan Act or in subsection 47 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017 applies, continues to be the vendor of the home even if another person sells or transfers, as prescribed, the home to an owner or completes a transaction to sell or transfer, as prescribed, the home to an owner. 2017, c. 33, Sched. 1, s. 48; 2020, c. 14, Sched. 4, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 13 - 01/02/2021

• [s55]

  PART IV Regulation of LICENSEEs Note: On January 1, 2027, the day named by order of the Lieutenant Governor in Council, the heading to Part IV of the Act is repealed and the following substituted: (See: 2024, c. 18, Sched. 1, s. 2)

• [s56]

  PART IV CONDUCT

• 49Notice of change of address for service

  49 (1) Every licensee shall notify the registrar in writing within five days of any change in address for service. Timing (2) The registrar shall be deemed to have received a notice under this section on the day on which the registrar actually received it or, if the notice is sent by mail, on the day of mailing.

• 50Notice of change of control

  50 (1) When a person ceases to have a controlling interest in a licensee, or acquires a controlling interest in a licensee, the licensee shall promptly notify the registrar. Review (2) When the registrar learns of a change of control occurring with respect to a licensee, the registrar may review the licensee’s licence and request the licensee to provide to the registrar, in the form and within the time period specified by the registrar, (a) information specified by the registrar that allows the registrar to determine whether the licensee has become disentitled to the licence; and (b) verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the registrar.

• [s59]
• 51Notice of issue or transfer of shares

  51 (1) Every applicant for a licence or renewal of a licence that is a corporation and every licensee that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in, (a) any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or (b) an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation be…

• 52Notice of prescribed material change

  52 Every licensee who experiences a material change, as prescribed, at any time shall, (a) promptly inform the registrar of the change; (b) promptly answer any inquiries that the registrar has with respect to the change; and (c) produce any documents or information that the registrar requests with respect to the change within the time that the registrar specifies.

• 53Disclosures by licensees

  53 (1) A vendor that enters into an agreement in respect of the sale or other transfer as prescribed of a new home to a purchaser shall deliver to the purchaser the information, if any, that is prescribed and do so in the form and manner prescribed and within the time prescribed, including whether the vendor is required to deliver the information before, at the time of or after entering into the agreement. Note: On January 1, 2027, the day named by order of the Lieutenant Governor in Council, subsection 53 (1) of the Act is amended by striking out “an agreement in respect of the sale or other transfer as prescribed of a new home to a purchaser” and substituting “a purchase agreement”. (See: 2024, c. 18, Sched. 1, s. 3 (1)) Same, builder (2) A builder that enters into a contract for the construction of a new home with an owner shall deliver to the owner the information, if any, that is pr…

• 53.1Requirements, purchase agreement

  53.1 (1) A purchase agreement, and the parties to such an agreement, must satisfy the requirements as may be set out in the regulations. 2024, c. 18, Sched. 1, s. 4. Same, construction contract (2) A construction contract, and the parties to such a contract, must satisfy the requirements as may be set out in the regulations. 2024, c. 18, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2024, c. 18, Sched. 1, s. 4 – 01/01/2027 Cooling-off period

• [s63]
• 53.2Prescribed information

  53.2 (1) In addition to any requirement under subsection 53 (1), a vendor who enters into a purchase agreement for a new freehold home, or other prescribed new home, shall, (a) deliver to the purchaser the information prescribed for the purposes of this section in respect of the home; and (b) comply with such requirements as may be prescribed in respect of the information referred to in clause (a). 2024, c. 18, Sched. 1, s. 4. Purchaser not bound (2) A purchase agreement for a new freehold home or other prescribed new home is not binding on the purchaser until, (a) the vendor has delivered to the purchaser the information referred to in clause (1) (a); and (b) the requirements referred to in clause (1) (b), if any, are satisfied. 2024, c. 18, Sched. 1, s. 4. Rescission of purchase agreement (3) A purchaser of a new freehold home or other prescribed new home may, in accordance with subsec…

• [s64]
• 54Misrepresentations prohibited

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

• [s65]
• 55Duties of licensees

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

• [s66]

  PART V Complaints, Discipline, Inspections, Investigations and Enforcement

• [s67]

  Complaints and Discipline

• [s68]
• 56Complaints

  56 (1) The registrar may, (a) receive complaints concerning conduct that may be in contravention of this Act, the regulations or prescribed legislation; (b) make written requests to licensees for information regarding complaints; and (c) attempt to mediate or resolve complaints, as appropriate, concerning any conduct that comes to the registrar’s attention that may be in contravention of this Act, the regulations or prescribed legislation. 2022, c. 12, Sched. 3, s. 2. Request for information (2) A request made under clause (1) (b) shall indicate the nature of the complaint. 2022, c. 12, Sched. 3, s. 2. Duty to comply (3) A licensee who receives a request made under clause (1) (b) shall provide the requested information to the registrar. 2022, c. 12, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 3, s. 2 - 14/04/2022

• [s69]
• 56.1Registrar’s powers

  56.1 If the registrar is of the opinion, whether as a result of a complaint or otherwise, that a licensee has contravened any provision of this Act, the regulations or prescribed legislation, the registrar may do any of the following, as the registrar considers appropriate: 1. Give the licensee a written warning, stating that if the licensee continues with the activity that led to the alleged contravention, action may be taken against the licensee. 2. Require the licensee to take further educational courses. 3. Require the licensee, in accordance with the terms, if any, that the registrar specifies, to fund educational courses for persons that the licensee employs or to arrange and fund the courses. 4. Refer the matter, in whole or in part, to the discipline committee. 5. Take an action under section 40, subject to section 43. 6. Take further action as is appropriate in accordance with t…

• 57Discipline proceedings

  57 (1) A discipline committee is established to hear and determine, in accordance with the procedures prescribed by the Minister, if a licensee has failed to comply with the code of ethics established under clause 84 (1) (f). 2017, c. 33, Sched. 1, s. 57 (1). Appeals committee (2) An appeals committee is established to consider, in accordance with the procedures prescribed by the Minister, appeals from the discipline committee. 2017, c. 33, Sched. 1, s. 57 (2). Appointment of members (3) The board of the regulatory authority shall appoint the members of the discipline committee and the members of the appeals committee and, in making the appointments, shall ensure that the prescribed requirements for the composition of each committee are met. 2017, c. 33, Sched. 1, s. 57 (3). Result of a determination (4) If the discipline committee makes a determination under subsection (1) that a licens…

• [s71]

  Inspections and Investigations

• 58Inspectors

  58 (1) The registrar is, by virtue of the registrar’s office, an inspector. Appointment (2) The registrar shall appoint persons to be inspectors for the purposes of conducting inspections under this Act. Certificate of appointment (3) The registrar shall issue to every inspector a certificate of appointment bearing the registrar’s signature or a facsimile of it. Proof of appointment (4) Every inspector who is conducting an inspection under this Act shall, upon request, produce the certificate of appointment as an inspector.

• 59Inspections without warrant

  59 (1) An inspector may, without a warrant or court order, conduct an inspection in accordance with this section for the purpose of, (a) ensuring compliance with this Act and the regulations; (b) dealing with a complaint under section 56; or (c) ensuring a licensee remains entitled to a licence. Power to enter premises (2) As part of an inspection, an inspector may, without a warrant or court order, enter and inspect, at any reasonable time, the business premises of a licensee. Expert help (3) An inspector conducting an inspection under this section may be accompanied by one or more persons with special, expert or professional knowledge, and other persons as necessary, as the inspector considers advisable. Powers on inspection (4) While carrying out an inspection, an inspector, (a) is entitled to free access to all money, valuables, documents and records of the person being inspected tha…

• [s74]
• 60Appointment of investigators

  60 (1) The Director shall appoint persons to be investigators for the purposes of conducting investigations under this Act. Certificate of appointment (2) The Director shall issue to every investigator a certificate of appointment bearing the Director’s signature or a facsimile of it. Proof of appointment (3) Every investigator who is conducting an investigation under this Act shall, upon request, produce the certificate of appointment as an investigator.

• [s75]
• 61Investigations with warrant

  61 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness for a licence; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness for a licence, or (ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for a licence that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2017, c. 33, Sched. 1, s. 61 (1). Powers under warrant (2) Subje…

• [s76]
• 62Seizure of things not specified

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

• [s77]
• 63Searches in exigent circumstances

  63 (1) An investigator may exercise any of the powers described in subsection 61 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be reasonably possible to obtain the warrant. Dwellings (2) Subsection (1) does not apply to a building or a part of a building that is being used as a dwelling. Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. Applicability of s. 61 (4) Subsections 61 (8) to (12) apply, with necessary modifications, to a search under this section.

• 63.1Report when things seized

  63.1 (1) An investigator who seizes any thing under the authority of section 61, 62 or 63 shall bring it before a justice of the peace or, if that is not reasonably possible, shall report the seizure to a justice of the peace. 2019, c. 14, Sched. 10, s. 11 (2). Procedure (2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized under the authority of section 61, 62 or 63 of this Act, reading the reference in subsection 160 (1) of that Act to a document that a person is about to examine or seize under a search warrant as a reference to a thing that an investigator is about to examine or seize under the authority of section 61, 62 or 63 of this Act. 2019, c. 14, Sched. 10, s. 11 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 10, s. 11 (2) - 01/02/2021

• [s79]

  Orders and Offences

• 64Order re false advertising

  64 (1) If the registrar believes on reasonable grounds that any licensee is making a false, misleading or deceptive representation in an advertisement, circular, pamphlet or material published by any means with respect to an existing or proposed new home, the registrar may, (a) order the licensee to cease making the representation; and (b) order the licensee to retract the representation or publish a correction of equal prominence to the original publication. Order effective (2) The order takes effect immediately upon being made. Content of order (3) The order shall inform the licensee named in it that the licensee may request a hearing before the Tribunal by mailing or delivering a written notice of request for a hearing to the registrar and the Tribunal within 15 days after service of the order. Service (4) The registrar shall serve the order, together with written reasons for it, on t…

• 65Freeze order, licensees and former licensees

  65 (1) If the conditions in subsection (2) are met, the Director may, in writing, (a) order any person having on deposit or controlling any assets or trust funds of a licensee or former licensee to hold those assets or funds; (b) order a licensee or former licensee to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or (c) order a licensee or former licensee to hold any asset or trust fund of a purchaser or other person in trust for the person entitled to it. 2017, c. 33, Sched. 1, s. 65 (1). Conditions (2) The Director may make an order under subsection (1) if the Director believes that it is advisable for the protection of purchasers, owners or the guarantee fund under the Ontario New Home Warranties Plan Act or the Protection for Owners and Purchasers of New Homes Act, 2017 and, (a) a search warrant has been issued under sectio…

• 66Freeze orders, non-licensees

  66 (1) The Director may make an order described in subsection (2) in respect of the money or assets of a person who is not licensed and who is alleged to have engaged in activities for which licensing is required at a time when the person was not licensed to do so if, (a) the Director receives an affidavit in which it is alleged, and in which facts are set out supporting the allegation, that the person who is not licensed, (i) is subject to criminal proceedings or proceedings in relation to a contravention under this Act or any other Act that are about to be or have been instituted against the person in connection with or arising out of activities for which licensing is required, or (ii) owns a building, dwelling, receptacle or place, or carries on activities in a building, dwelling, receptacle or place, in respect of which a search warrant has been issued under section 61; and (b) the D…

• 67Compliance order

  67 (1) If the Director believes on reasonable grounds that a person has engaged or is engaging in any activity that contravenes any requirement under this Act, whether the activity constitutes an offence or not, the Director may propose to make an order directing a person to comply with the requirement. Notice (2) The Director shall serve on the person a notice of a proposed order described in subsection (1) and written reasons for making it. Request for hearing (3) The notice shall state that the person is entitled to a hearing by the Tribunal if the person, within 15 days after it is served, mails or delivers a notice in writing requesting a hearing to the Tribunal and the Director. No hearing required (4) The Director may make the order if the person does not request a hearing in accordance with subsection (3). Hearing (5) If, in accordance with subsection (3), the person requests a h…

• 68Immediate compliance order

  68 (1) If, in the Director’s opinion, it is in the public interest to do so, the Director may make an order requiring compliance with a requirement under this Act. Same (2) The order takes effect as soon as it is served, in accordance with subsection (3), on the person named in it. Notice of order (3) Upon making an order for compliance under subsection (1), the Director shall serve on the person named in the order a notice that includes the order, the written reasons for making it and the statement of the right that subsection 67 (3) requires be included in a notice mentioned in subsection 67 (2). Hearing (4) If, in accordance with the right described in subsection (3), the person named in the order requests a hearing, the Tribunal shall hold the hearing. Tribunal’s order (5) The Tribunal may confirm or set aside the order or exercise all other powers that it may exercise in a proceedin…

• 69Appeal

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

• [s86]
• 70Restraining order

  70 (1) If it appears to the Director that a person is not complying with this Act or the regulations or an order made under this Act, the Director may apply to the Superior Court of Justice for an order restraining the person from acting in breach of them, and, upon the application, the court may make the order or any other order that the court thinks fit. Same (2) Subsection (1) applies despite the imposition of any penalty in respect of the non-compliance and in addition to any other procedures that may be available to the Director, whether or not the Director has exercised his or her rights under the procedures. Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (1).

• [s87]
• 71Offences

  71 (1) A person or entity, other than the regulatory authority, is guilty of an offence if the person or entity, (a) furnishes false information to the regulatory authority in any application under section 38, in any statement required under this Act or in any circumstance that is prescribed; (b) fails to comply with any condition of a licence that the person or entity holds; (c) fails to comply with any order or other requirement under this Act, other than an order made under section 57; or (d) contravenes or fails to comply with any section of this Act or the regulations made under the Act, other than the code of ethics established under clause 84 (1) (f). 2017, c. 33, Sched. 1, s. 71 (1). Officer or director of corporation (2) An officer or director of a corporation who fails to take reasonable care to prevent the corporation from committing an offence mentioned in subsection (1) is g…

• [s88]
• 72Orders for compensation, restitution

  72 (1) If a person or entity is convicted of an offence under section 71, the court making the conviction may, in addition to any other penalty, order the person or entity convicted to pay compensation or make restitution. If insurance has paid (2) If an order is made in favour of a person or entity under subsection (1) and that person or entity has already received compensation or restitution from an insurer, the person or entity ordered to pay the compensation or make restitution shall deliver the amount to the insurer.

• [s89]
• 73Default in payment of fines

  73 (1) If a fine payable as a result of a conviction for an offence under section 71 is in default for at least 60 days, the Director may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default. 2017, c. 33, Sched. 1, s. 73 (1). If payment made (2) Within 10 days after the Director has received notice that the fine has been paid in full, the Director shall inform the consumer reporting agency of the payment. 2017, c. 33, Sched. 1, s. 73 (2). Transition (3) If a fine is payable as a result of a conviction under the Ontario New Home Warranties Plan Act, the Director may, in the prescribed circumstances, treat the fine as if it were payable as a result of a conviction under this Act, and in those circumstances subsections (1) and (2) apply with respect to the fine as if it were a fine payable for a conviction under th…

• 74Liens and charges

  74 (1) If a fine payable as a result of a conviction for an offence under section 71 is in default for at least 60 days, the Director may, by order, create a lien against the property of the person or entity that is liable to pay the fine. Liens on personal property (2) If the lien created by the Director under subsection (1) relates to personal property, (a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the Director may perfect the security interest mentioned in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act. Liens and charges on real property (3) If the lien created by the Director …

• [s91]

  Administrative Penalties

• 76 #91Order
• [s92]
• 75Assessors

  75 (1) The registrar is, by virtue of the registrar’s office, an assessor. Appointment (2) The registrar shall appoint, in writing, persons to be assessors who are authorized to make an order under section 76 imposing an administrative penalty.

• [s93]
• 76Order

  76 (1) An assessor may, by order, impose an administrative penalty against a person in accordance with this section and the regulations made by the Minister if the assessor is satisfied that the person has contravened or is contravening, (a) a prescribed provision of this Act or the regulations; (b) a condition of a licence, if the person is the licensee; (c) a prescribed provision of the Ontario New Home Warranties Plan Act or the regulations or the by-laws of the warranty authority made under it; or (d) a prescribed provision of the Protection for Owners and Purchasers of New Homes Act, 2017 or the regulations made under it. 2022, c. 21, Sched. 5, s. 7. Clarification re code of ethics (2) For greater certainty, provisions of the code of ethics established under clause 84 (1) (f) may be prescribed for the purpose of subsection (1). 2022, c. 21, Sched. 5, s. 7. To whom payable (3) An adm…

• [s94]
• 77Appeal

  77 (1) In this section, “appeal body” means the person prescribed by the Minister or, if no person is prescribed by the Minister, the Tribunal. Same (2) The person against whom an order made under subsection 76 (1) imposes an administrative penalty may appeal the order to the appeal body by delivering a written notice of appeal to the appeal body within 15 days after receiving the order. If no appeal (3) If the appellant does not appeal the order in accordance with subsection (2), the order is confirmed. Hearing (4) If the appellant appeals the order in accordance with subsection (2), the appeal body shall hold a hearing and may, by order, confirm, revoke or vary the assessor’s order, and the appeal body may attach conditions to its order. Parties (5) The assessor, the appellant and the other persons that the appeal body specifies are parties to the appeal. Non-application of other Act (…

• [s95]
• 78Effect of paying penalty

  78 If a person against whom an order imposing an administrative penalty is made pays the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the person cannot be charged with an offence under an Act referred to in subsection 76 (1) in respect of the same contravention on which the order is based and no other prescribed measure shall be taken against the person in respect of the same contravention on which the order is based. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 5, s. 8 - 01/02/2023

• [s96]
• 79Enforcement

  79 (1) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the order may be filed with the Superior Court of Justice and enforced as if it were an order of the court. Date of order (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. Liens and charges (3) If a person against whom an order imposing an administrative penalty is made fails to pay the penalty in accordance with the terms of the order, or if the order is varied on appeal, in accordance with the terms of the varied order, the Director may, by order, create a lien against the property of the person that is liable to pay the penalty. Applicatio…

• [s97]

  PART VI GEneral

• 80Confidentiality

  80 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as is required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (c) as authorized under the Regulatory Modernization Act, 2007; (d) to a prescribed entity or organization, if the purpose of the communication is consumer protection; (e) to a l…

• 81Service

  81 (1) Any notice, order or request is sufficiently given or served if it is, (a) delivered personally; (b) sent by registered mail; or (c) sent by another manner if the sender can prove receipt of the notice, order or request. Deemed service (2) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, order or request until a later date. Exception (3) Despite subsections (1) and (2), the Tribunal may order any other method of service it considers appropriate in the circumstances.

• 82Public information

  82 (1) Subject to the regulations, the registrar shall make available publicly on the website of the regulatory authority and by any other means that the registrar determines, (a) information about the business activities of any class of licensees or prescribed persons, including their business name, business address, phone number and electronic mail address; (b) licensing information about a licensee, including the licensee’s licence number, the date that the licence expires and the current status of the licence; (c) information about what persons are directors, officers or prescribed persons of a licensee, contact information for them and how they are interested in the licensee or associated with the licensee; (d) information about persons who are subject to a notice of proposal under section 43; (e) information about persons whose licence has been suspended, immediately suspended or r…

• 83Lieutenant Governor in Council regulations

  83 (1) The Lieutenant Governor in Council may make regulations, (a) specifying any matter that is described in this Act as prescribed or dealt with in the regulations, except for any matter that this Act describes as being prescribed by the Minister or dealt with in regulations made by the Minister; (b) governing the revocation of the designation of the regulatory authority; (c) respecting classes of licences; (d) specifying the responsibilities of any former licensee or any class of former licensees, in connection with or arising out of the business in respect of which the former licensee was licensed or the class of former licensees was licensed or in respect of which licensing was required under this Act; (e) governing agreements that a vendor or builder enters into with the regulatory authority, including, (i) deeming certain terms or conditions to be included in the agreements, (ii)…

• 84Minister’s regulations

  84 (1) The Minister may make regulations, (0.a) specifying any matter that is described in this Act as prescribed by the Minister or dealt with in the regulations made by the Minister; (a) requiring the registrar to share with the Minister the information that the registrar collects under subsection 34 (1); (b) requiring the regulatory authority to provide the Minister, the warranty authority or any other person prescribed by the Minister with the information specified in the regulation and governing the providing of the information, including the form, manner and time for providing the information; (c) respecting applications for a licence and for renewal of a licence; (d) requiring an applicant for a licence or a renewal of a licence to provide information to the registrar concerning persons other than the applicant in order to assist the registrar in determining whether the persons ar…

• 85Regulatory authority regulations

  85 (1) The regulatory authority may make regulations respecting any matter for which the power to make regulations is delegated to it by the Lieutenant Governor in Council or the Minister. Regulations (2) A regulation made by the regulatory authority under this section is a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

• 86Transition — vendors

  86 On February 1, 2021, a person who was registered as a vendor under the Ontario New Home Warranties Plan Act immediately before February 1, 2021 is deemed to be licensed as a vendor under this Act. 2020, c. 14, Sched. 4, s. 20; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 20 - 01/02/2021 CTS 12 AU 22 - 2

• 86 #105Transition — vendors
• 86.1Transition — builders

  86.1 On February 1, 2021, a person who was registered as a builder under the Ontario New Home Warranties Plan Act immediately before February 1, 2021 is deemed to be licensed as a builder under this Act. 2020, c. 14, Sched. 4, s. 21; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 21 - 01/02/2021 CTS 12 AU 22 - 2

• 86.2Transition — applications

  86.2 On February 1, 2021, an application for registration or renewal of registration as a vendor or builder within the meaning of the Ontario New Home Warranties Plan Act that has not been disposed of under that Act before February 1, 2021 is deemed to be an application for a licence or renewal of a licence, as the case may be, as a vendor or as a builder, as the case may be, under this Act. 2020, c. 14, Sched. 4, s. 22; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 22 - 01/02/2021 CTS 12 AU 22 - 2

• 86.3Transition — proceedings

  86.3 On February 1, 2021, a prescribed proceeding that the Corporation within the meaning of the Ontario New Home Warranties Plan Act had commenced as of January 31, 2021 is continued as a proceeding of the regulatory authority under this Act. 2020, c. 14, Sched. 4, s. 23; CTS 12 AU 22 - 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 23 - 01/02/2021 CTS 12 AU 22 - 2 Part VII (OMITTED)

• 87

  87 Omitted (provides for amendments to this Act). Part VIII (OMITTED)

• 88

  88-89 Omitted (amend, repeal or revoke other legislation).

• 90Repealed

  90 Repealed: 2024, c. 18, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2024, c. 18, Sched. 1, s. 7 – 06/06/2024 Part IX (OMITTED)

• 91

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

• 92

  92 Omitted (enacts short title of this Act). ______________