Ontario New Home Warranties Plan Act

Definitions and Administration

1 (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”) “claim” means a claim for compensation out of the guarantee fund in …

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

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

2 (1) The Lieutenant Governor in Council shall designate a not-for-profit corporation without share capital incorporated under the laws of Ontario to be the Corporation for the purposes of this Act. R.S.O. 1990, c. O.31, s. 2 (1); 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; (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 …

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 marketp…

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 t…

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

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

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

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

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

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

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…

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

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…

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

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 employ…

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

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)

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

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

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, owners or prospective 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, …

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 i…

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

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 Not-for-Profit Corporations Act, 2010. 2017, c. 33, Sched. 4, s. 5; 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 - 19/10/2021

Regulatory Authority — Information

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 forc…

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

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

6 Repealed: 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

7 Repealed: 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) - no effect - see 2020, c. 14, Sched. 5, s. 32 - 01/02/2021; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

8 Repealed: 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

9 Repealed: 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 - no effect - see 2020, c. 14, Sched. 5, s. 32 – 01/02/2021; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

10 Repealed: 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

Protections

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) 202…

10.2 (1) Subject to the prescribed requirements or restrictions, if any, a builder shall not offer to enter into a construction contract 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; 2024, c. 28, Sched. 21, s. 4 (1). 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. Construction contract (3) Subject to the prescribed requirements or restrictions, if any, a builder shall not enter into a construction contract 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 p…

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…

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

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

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…

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 and Protection Plan

11 (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 purchase agreement or construction contract with a prospective owner, the …

12 Repealed: 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

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 impr…

14 (1) Subject to the regulations, a purchaser is entitled to receive payment out of the guarantee fund for the amount that the purchaser paid to the vendor as a deposit or other payment to be credited to the purchase price under the purchase agreement on closing if, (a) the purchaser has exercised a statutory right to rescind the purchase agreement before closing; or (b) the purchaser has a cause of action against the vendor resulting from the fact that title to the home has not been transferred to the purchaser because, (i) the vendor has gone into bankruptcy, or (ii) the vendor has fundamentally breached the purchase agreement. 2024, c. 28, Sched. 21, s. 6 (1). Same, construction contract (2) Subject to the regulations, an owner of land who has entered into a construction contract and who has a cause of action against the builder for damages resulting from the builder’s failure to sub…

15 For the purposes of sections 13 and 14, (a) a condominium corporation shall be deemed to be the owner of the common elements in the corporation; (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 in a common elements condominium corporation or a vacant land condominium corporation; (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 …

15.1 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 20…

16 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 23 - no effect - see 2020, c. 14, Sched. 5, s. 32 - 01/02/2021; 2020, c. 14, Sched. 5, s. 32 – 01/02/2021

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 a purchase agreement or construction 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); 2024, c. 28, Sched. 21, s. 7 (1). 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 purchase agreement and construction contract between a vendor and prospective owner shall be deemed to contain a written agreement to subm…

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 d…

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 holds a licence as a builder under the New Home Construction Licensing Act, 2017 in respect of the project; (b) the vendor holds a licence as a vendor under the New Home Construction Licensing Act, 2017 in respect of the project; and (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); 2020, c. 14, Sched. 5, s. 24. 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…

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…

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 qualified for enrolment in the Plan or have been enrolled in the Plan, as the case may be; (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 holds a licence as a vendor under the New Home Construction Licensing Act, 2017 in respect of the project. 2015, c. 28, Sched. 1, s. 154 …

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

Owner-Builders

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

18 (1) The Corporation shall appoint inspectors to conduct inspections for the purposes of this Act and as may be required by the regulations. R.S.O. 1990, c. O.31, s. 18 (1); 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) Subject to the regulations, for the purposes of an inspection, the inspector may, (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 know…

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

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.

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

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 November 30, 2020. 2020, c. 14, Sched. 5, s. 28 (2); CTS 15 AU 22 - 3. 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) - 19/10/2021 CTS 15 AU 22 - 3

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, 10.1, 10.2 or 12 or subsection 18 (4); or (c) contravenes subsection 17.4 (3). 2015, c. 28, Sched. 1, s. 154 (10); 2020, c. 14, Sched. 5, s. 29. 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. 2…

22.1 (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 …

23 (1) The Corporation may make by-laws, (a), (b) Repealed: 2020, c. 14, Sched. 5, s. 32. (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) subject to the approval of the Minister, requiring a purchaser of a specified type of home to notify the Corporation of a purchase agreement, including, (i) governing the timelines for the purchaser to provide the notice, (ii) governing the manner in which notice must be provided by the purchaser, (iii) governing informa…