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 respect of a home; (“réclamation”) “common elements” means all the condominium property except the condominium units; (“parties communes”) “common elements condominium corporation”, “common expenses” and “common interest” have the same meaning as in the Condominium Act, 1998; (“association condominiale de parties communes”, “dépenses communes”, “intérêt commun”) “condominium corporation” means a corporation as defined in subsection 1 (1) of the Condominium Act, 1998; (“association condominiale”) “condominium declaration” means a declaration as defined in subsection 1 (1) of the Condominium Act, 1998; (“déclaration de condominium”) “condominium property” means property as defined in subsection 1 (1) of the Condominium Act, 1998; (“propriété condominiale”) “condominium unit” means a unit as defined in subsection 1 (1) of the Condominium Act, 1998; (“partie privative de condominium”) “corporate by-law” means a by-law of the Corporation passed under the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act but does not include a by-law made under section 23 of this Act; (“règlement administratif interne”) “Corporation” means the corporation designated under section 2; (“Société”) “guarantee fund” means the provision made by the Corporation for compensation under the Plan; (“fonds de garantie”) “home” means, (a) a self-contained one-family dwelling, detached or attached to one or more others by one or more common walls, (b) a building composed of more than one and not more than two self-contained, one-family dwellings under one ownership, (c) a condominium unit that is a residential dwelling, including the common elements in respect of which the unit has an appurtenant common interest as described in the condominium declaration of the condominium corporation, or (d) any other dwelling of a class prescribed by the regulations as a home to which this Act applies, and includes any structure or appurtenance used in conjunction therewith, but does not include a dwelling built and sold for occupancy for temporary periods or for seasonal purposes; (“logement”) “information sharing agreement” means an agreement described in subsection 2.0.2 (3); (“accord d’échange de renseignements”) “inspector” means an inspector appointed by the Corporation under section 18; (“inspecteur”) “licensee” means the holder of a licence under the New Home Construction Licensing Act, 2017; (“titulaire de permis”) “Minister” means the Minister of Government and Consumer Services or whatever other member of the Executive Council to whom the responsibility for the administration of this Act is assigned under the Executive Council Act; (“ministre”) “officer” includes, (a) the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of the Corporation or any other corporation, (b) a partner or general manager and assistant general manager of a partnership, (c) any other individual designated as an officer by by-law or resolution of an organization, (d) any other individual who performs functions normally performed by an individual occupying an office described in clause (a), (b) or (c), and (e) any other prescribed individual; (“dirigeant”) “owner” means a person who first acquires a home from its vendor for occupancy, and the person’s successors in title; (“propriétaire”) “owner-builder” means, subject to the prescribed requirements or restrictions, if any, an individual who constructs or manages the construction of a residential dwelling for the individual’s personal use and occupation and who meets the prescribed requirements, if any; (“constructeur-propriétaire”) “Plan” means the Ontario New Home Warranties and Protection Plan continued under subsection 11 (1); (“Régime”) “prescribed” means prescribed by the regulations; (“prescrit”) “Registrar” means the Registrar appointed by the Corporation under section 3; (“registrateur”) “regulations” means, as applicable, (a) the regulations made by the Lieutenant Governor in Council under section 22.1, or (b) the by-laws of the Corporation made under section 23; (“règlements”) “regulatory authority” has the same meaning as in the New Home Construction Licensing Act, 2017; (“organisme de réglementation”) “residential condominium conversion project” means a residential condominium conversion project as defined in subsection 17.1 (1); (“projet de conversion en condominiums à usage d’habitation”) “sell” includes entering into an agreement to sell; (“vendre”) “tribunal” means, in respect of a prescribed matter, the adjudicative body determined in accordance with the regulations in respect of that matter; (“tribunal”) “vacant land condominium corporation” means a condominium corporation described in subsection 155 (2) of the Condominium Act, 1998; (“association condominiale de terrain nu”) “vendor” means, (a) except in relation to a residential condominium conversion project, a person who, on the person’s own behalf, sells a home not previously occupied to an owner and includes a builder, as defined in clause (a) of the definition of “builder”, who acts as such under a contract with the owner, or (b) in relation to a residential condominium conversion project, a person who, on the person’s own behalf, sells a home in the project to an owner and includes a builder, as defined in clause (b) of the definition of “builder”, who acts as such under a contract with the owner; (“vendeur”) “warranty” means a warranty set out in section 13. (“garantie”)  R.S.O. 1990, c. O.31, s. 1; 1999, c. 12, Sched. G, s. 30 (1); 2001, c. 9, Sched. D, s. 13; 2015, c. 28, Sched. 1, s. 154 (2-4); 2017, c. 33, Sched. 4, s. 1; 2019, c. 7, Sched. 47, s. 1; 2020, c. 14, Sched. 5, s. 1 (1-11). Interested person (2) For the purposes of this Act, a person shall be deemed to be an interested person in respect of another person if the person is associated with the other person or if, in the opinion of the Registrar, (a) the person has or may have a beneficial interest in the other person’s activities; (b) the person exercises or may exercise control either directly or indirectly over the other person; or (c) the person has provided or may have provided financing either directly or indirectly for the other person’s activities. 2020, c. 14, Sched. 5, s. 1 (12). Associated persons (3) For the purposes of this Act, one person is associated with another person in any of the following circumstances: 1. One person is a corporation of which the other person is an officer or director. 2. One person is a partnership of which the other person is a partner. 3. Both persons are partners of the same partnership. 4. One person is a corporation that is controlled directly or indirectly by the other person. 5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation. 6. Both persons are members of the same voting trust relating to shares of a corporation. 7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person. 2020, c. 14, Sched. 5, s. 1 (13). Tribunal (4) For the purposes of the definition of “tribunal” in subsection (1), the adjudicative bodies that may be prescribed include, (a) a tribunal established under an Act of the Legislature of Ontario; (b) an arbitrator; and (c) a court. 2020, c. 14, Sched. 5, s. 1 (14). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 30 (1) - 01/04/2000 2001, c. 9, Sched. D, s. 13 - 29/06/2001 2015, c. 28, Sched. 1, s. 154 (2-4) - 01/01/2018 2017, c. 33, Sched. 4, s. 1 (1) - 01/02/2021; 2017, c. 33, Sched. 4, s. 1 (2, 3) - 14/12/2017 2019, c. 7, Sched. 47, s. 1 (1) - 29/05/2019; 2019, c. 7, Sched. 47, s. 1 (2) - 19/10/2021 2020, c. 14, Sched. 5, s. 1 (1) - 30/11/2020; 2020, c. 14, Sched. 5, s. 1 (2-14) - 01/02/2021