Bill 169 explained in plain English
Home Warranties to Protect Families Act, 2019
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 42nd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 169, the Home Warranties to Protect Families Act, 2019, aims to replace Ontario's single-provider new home warranty system with a competitive multi-provider system and makes consequential amendments and repeals to related legislation.
This bill proposes to change how new home warranties are provided in Ontario. Currently, the Tarion Warranty Corporation is the only provider. This bill intends to move to a system where multiple providers, such as insurers licensed under the Insurance Act or others with prescribed qualifications, can offer new home warranties. The bill also establishes an administrator to oversee the transition and an agency to wind down the existing plan and manage outstanding warranties until they expire. It also makes changes to the existing Ontario New Home Warranties Plan Act, including renaming it and updating its purposes and definitions. Several other related acts are repealed.
- Amends the Ontario New Home Warranties Plan Act to establish a multi-provider system for new home warranties.
- Replaces the current single-provider system operated by the Tarion Warranty Corporation.
- Introduces competition in the new home warranty sector, allowing insurers licensed under the Insurance Act or other qualified persons to provide warranties.
- Appoints an administrator to take control of the Tarion Warranty Corporation, wind down its affairs, and prepare for the transition to the new system.
- Establishes the ONHW Plan Transition Agency to manage outstanding warranties until they expire.
- Changes the short title of the Ontario New Home Warranties Plan Act to the New Home Buyer Protection Act.
- Updates the purposes of the Act to include protecting new home buyers, promoting properly built homes, and enabling a responsive multi-provider warranty system.
- Repeals the New Home Construction Licensing Act, 2017 and the Protection of Owners and Purchasers of New Homes Act, 2017.
- Introduces new definitions for terms like 'administrator', 'Agency', 'Director', 'new home', 'new home warranty policy', and 'warranty provider'.
- Requires vendors and builders to ensure new homes are covered by a new home warranty policy.
- Specifies the types of warranties to be included in new home warranty policies, such as workmanlike construction, fitness for habitation, compliance with the Ontario Building Code, and protection against defects for specified periods.
- Requires vendors to deliver warranty policies and other prescribed documentation to owners upon sale or construction contract.
- Allows for mandatory warranties for renovations if regulations provide for it.
- Establishes a Director to exercise powers and perform duties under the Act.
- Requires the Registrar to maintain a website with information about registered builders and vendors, including warranty claims and past conduct.
- Amends provisions related to the Tarion Warranty Corporation, replacing references to 'Corporation' with 'Director' in certain sections.
- New home buyers and owners
- Builders of new homes
- Vendors of new homes
- Insurers licensed under the Insurance Act
- The Tarion Warranty Corporation
- The Minister of Municipal Affairs and Housing (or relevant minister)
- The Administrator appointed by the Minister
- The ONHW Plan Transition Agency
- The Director appointed by the Minister
- Vendors and builders must ensure new homes are covered by a new home warranty policy.
- Vendors must deliver warranty policies and other documentation to owners.
- New home warranty policies must include specific warranties for construction quality, fitness for habitation, code compliance, and defects for set periods (2, 5, and 10 years for different types of defects).
- The administrator has the exclusive right to exercise the powers and perform the duties of the directors, officers, and members of the Corporation.
- The ONHW Plan Transition Agency will manage the guarantee fund and pay out claims for warranties given under the old Plan.
- The Registrar must maintain a public website with information on registered builders and vendors.
- Owners have rights to warranties enforceable even without direct privity of contract with the vendor.
- Warranties benefit whoever owns the new home during the warranty period.
- This Act comes into force on the day it receives Royal Assent, except for specified sections (subsection 3(2) and sections 8, 9, 10, 11, 12, 13, and 14) which come into force on a day named by proclamation of the Lieutenant Governor.
- The administrator is to be appointed 'promptly after section 4 of the Home Warranties to Protect Families Act, 2019 comes into force'.
- The ONHW Plan Transition Agency must be established by regulation no later than six months after the administrator is appointed.
- Administrator's appointment is valid until terminated by the Minister.
- The Agency's role continues until all warranties under the old Plan have expired.
- The bill references a 'guarantee fund' managed by the Agency, which was previously provided by the Corporation for compensation under the Plan.
- The Agency is to apply its revenues to carry out its objects and duties.
- The administrator shall pay compensation, severance, or other amounts to former board members as required by regulations.
- The bill establishes a 'Director' role to exercise powers and perform duties related to administration and enforcement.
- References are made to the 'Registrar' maintaining a website of builder and vendor information, implying oversight.
- The bill amends sections of the Act that refer to the Corporation's powers and duties, which are now to be exercised by the Director.
- Regulations may govern mediation or arbitration of disputes.
- Details regarding 'prescribed qualifications' for warranty providers, 'prescribed criteria' for decisions and disputes, and 'prescribed information' to be published on the Registrar's website are not specified in the bill text and will be determined by regulations.
- The specific powers and duties of the administrator, the constitution and operations of the Agency, and limitations on the Agency's powers are subject to regulations.
- The commencement date for several key sections of the bill is to be proclaimed by the Lieutenant Governor, meaning it is not fixed.
- The bill states that the new home warranty policy must include warranties as required by the Act and 'such other warranties as are prescribed by the regulations'.
- The application of warranties is subject to 'such circumstances as may be prescribed by the regulations and are subject to such limitations as may be prescribed by the regulations'.
This bill significantly amends the Act to transition from a single-provider warranty system to a multi-provider system, renames the Act, updates its purposes and definitions, introduces new provisions for warranties and administration, and repeals and replaces certain sections. It also makes changes to how the Corporation and its functions are managed.
Source: Various sections throughout the Bill
The bill amends the definition of 'warranty provider' under the Ontario New Home Warranties Plan Act to include insurers licensed under the Insurance Act.
Source: Section 3
This Act is repealed.
Source: Section 21
The administrator appointed under the bill and employees of the ONHW Plan Transition Agency may be public servants employed under this Act.
Source: Sections 1.1(6) and 16(9)
Specifies that certain provisions regarding the non-liability of the administrator and former board members do not relieve the Crown of its liability.
Source: Sections 1.1(11) and 1.2(5)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textProcess Snapshot
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced