Appeal body
 15. For the purposes of the definition of “appeal body” in subsection 77 (1) of the Act, the Tribunal is prescribed as the appeal body. 16. Omitted (provides for coming into force of provisions of this Regulation). Schedule 1   PRESCRIBED PROVISIONS AND MAXIMUM BASE PENALTY AMOUNTS Table 1   provisions of the ACT Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Subsection 37 (1)   Person acts as a vendor, or engages in other specified activities, without a licence.   $50,000 

  2.   Subsection 37 (2)   Person acts as a builder, or engages in other specified activities, without a licence.   $50,000 

  3.   Subsection 49 (1)   Licensee fails to notify the registrar in writing within five days of any change in address for service.   $5,000 

  4.   Subsection 50 (1)   Licensee fails to promptly notify the registrar when a person ceases to have a controlling interest in the licensee or acquires a controlling interest in the licensee.   $10,000 

  5.   Subsection 51 (1)   Applicant or licensee that is a corporation fails to notify the registrar in writing within 30 days after the issue or transfer of any equity shares in the corporation in the circumstances described in the provision.   $10,000 

  6.   Subsection 51 (2)   Applicant or licensee that is a corporation fails to notify the registrar in writing within 30 days after knowledge of the transfer of equity shares in the corporation comes to the attention of the corporation’s officers or directors.   $10,000 

  7.   Section 52   Licensee who experiences a material change fails to provide information or documents to the registrar in accordance with the provision.   $10,000 

  8.   Section 54   Licensee makes a false, misleading or deceptive representation in its advertising, documents or other prescribed materials.   $50,000 

  9.   Subsection 56 (3)   Licensee who receives a request from the registrar for information regarding a complaint fails to provide the requested information.   $20,000 

  10.   Subsection 57 (7)   Licensee that is ordered by the discipline or appeals committee to take an educational course or to arrange for others to take an educational course fails to do so in accordance with the provision.   $20,000 

  11.   Subsection 57 (8)   Licensee that is ordered by the discipline or appeals committee to fund educational courses fails to do so in accordance with the provision.   $20,000 

  12.   Subsection 57 (9)   Licensee fails to pay a fine imposed under subsection 57 (4) of the Act in accordance with the provision.   $20,000 

  13.   Subsection 59 (6)   Person obstructs an inspector conducting an inspection, or a person accompanying the inspector, in the manner described in the provision.   $30,000 

  14.   Subsection 59 (7)   Person fails to produce a document or record or provide assistance required by an inspector.   $30,000 

  15.   Subsection 61 (8)   Person obstructs an investigator executing a warrant in the manner described in the provision.   $30,000 

  16.   Subsection 61 (10)   Person fails to produce information or evidence or provide assistance to an investigator under a warrant.   $30,000  Table 2   provisions of ONTARIO REGULATION 626/20 (GENERAL) Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Section 4   Licensee fails to prominently display their licence in the manner described in the provision.   $10,000 

  2.   Section 5   Licensee fails to pay the applicable fee, cost or other charge set by the regulatory authority within five days after the warranty authority confirms to the licensee in writing that a new home has been enrolled in the manner described in the provision.   $10,000 

  3.   Subsection 6 (1)   Licensed vendor transfers a new home to a builder or to another vendor without meeting the criteria set out in the provision.   $50,000 

  4.   Section 8   Licensee obstructs or attempts to obstruct a person from making a complaint to the registrar, or the registrar or the registrar’s representative from inquiring with respect to a complaint.   $20,000  Table 3   provisions of ONTARIO REGULATION 245/21 (CODE OF ETHICS AND DISCIPLINE AND APPEALS COMMITTEES) Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Section 2   Licensee fails to ensure its employees, directors, officers, principals, agents and independent contractors carry out their duties in compliance with the Act and the regulations.   $30,000 

  2.   Section 3   Licensee fails to treat persons the licensee deals with fairly, honestly and with integrity.   $50,000 

  3.   Clause 4 (a)   Licensee fails to treat persons without discrimination, harassment or bullying.   $30,000 

  4.   Section 11   Licensee fails to promptly report to the registrar in writing that the licensee or other specified persons have been charged with or found guilty of an offence described in the provision.   $10,000 

  5.   Section 12   Licensee engages in or is a party to misrepresentation.   $50,000 

  6.   Section 13   Licensee provides false, misleading or deceptive information or documents to the regulatory authority.   $40,000 

  7.   Section 14   Licensee fails to ensure that it uses all forms and documents that are required by law.   $20,000 

  8.   Section 16   Licensee obstructs or attempts to obstruct a person from making a complaint to the registrar, or the registrar or the registrar’s representative from inquiring with respect to a complaint.   $20,000 

  9.   Section 17   Licensee fails to be clear and truthful in describing matters related to new homes as set out in the provision, or fails to ensure that representations made by or on behalf of the licensee in connection with a new home are not false, misleading or deceptive.   $50,000 

  10.   Section 18   Licensee indicates that a payment, commission, remuneration or other cost in connection with a new home is fixed or approved by the regulatory authority or other persons listed in the provision, except to the extent permitted by the provision.   $10,000 

  11.   Section 19   Licensee discloses confidential information to a third party without prior written consent of the person to whom the information relates and without authorization or requirement by law.   $20,000 

  12.   Section 20   Licensee participates in or facilitates illegal building or selling of a new home as described in the provision.   $50,000  Table 4   provisions of ONTARIO REGULATION 454/22 (ADDENDA TO AGREEMENTS BETWEEN VENDORS AND PURCHASERS) Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Section 3   Vendor of a freehold home or a vacant land condominium home fails to ensure the completion of the applicable addendum or comply with other requirements set out in the provision.   $50,000 

  2.   Section 4   Vendor of a condominium home in a condominium project fails to ensure the completion of the applicable addendum and condominium information sheet or comply with other requirements set out in the provision.   $50,000 

  3.   Section 5   Vendor of a freehold home on a parcel of tied land for a common elements condominium corporation fails to ensure the completion of the applicable addendum or comply with other requirements set out in the provision.   $50,000  Table 5   provisions of this REGULATION Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Section 9   Person fails to pay an administrative penalty imposed under subsection 76 (1) of the Act in accordance with the provision.   $20,000  Table 6   provisions of the ontario new home warranties plan act Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Section 10.1   Vendor sells or offers to sell a home without meeting the requirements stated in the provision.   $50,000 

  2.   Subsection 10.2 (3)   Builder enters into a contract with an owner of land for the construction of a home on the land without meeting the requirements stated in the provision.   $50,000 

  3.   Subsection 10.2 (4)   Builder commences construction of a home without meeting the requirements stated in the provision.   $50,000 

  4.   Clause 17.3 (1) (b)   Person sells or offers for sale any unit or proposed unit in a residential condominium conversion project without satisfying the conditions referenced in the provision.   $50,000 

  5.   Subsection 17.4 (3)   Person commences construction of a residential condominium conversion project without the Registrar’s confirmation referenced in the provision.   $50,000  Table 7   provisions of ONTARIO REGULATION 165/08 (WARRANTY FOR DELAYED CLOSING OR DELAYED OCCUPANCY) made under the ontario new home warranties plan act Item   Column 1   Provision Contravened   Column 2   Description of Contravention   Column 3   Maximum Base Penalty Amount 

  1.   Section 9   Vendor of a freehold home or a vacant land condominium home fails to ensure the completion of the applicable addendum or comply with other requirements set out in the provision.   $50,000 

  2.   Section 10   Vendor of a condominium home in a condominium project or a freehold home on a parcel of tied land for a common elements condominium corporation fails to ensure the completion of the applicable addendum or comply with other requirements set out in the provision.   $50,000   Français