1. In this Regulation, “building” means, in respect of a post June 30, 2012 home, the principal structure in which one or more residential dwellings are located, including in the case of condominiums, common element facilities, but excluding in all cases any structure or appurtenance used in connection with a dwelling such as a fence, deck, sauna, swimming pool, spa, antenna, canopy, patio, sidewalk, driveway, utility shed or storage tank; (“bâtiment”) “business day” means any day other than Saturday, Sunday or a holiday; (“jour ouvrable”) “certificate of completion and possession” means the certificate required by subsection 13 (3) of the Act; (“certificat d’achèvement et de prise de possession”) “common elements” of any condominium project has the meaning ascribed by the Condominium Act, 1998; (“parties communes”) “conciliation” means a process whereby the Corporation determines whether a disputed item listed on a notice of claim given to the Corporation under this Regulation, including section 4 or any of sections 4.2 to 4.6, is covered by a warranty and whether repairs or compensation are required; (“conciliation”) “conciliation assessment report” means a written report setting out the Corporation’s findings and assessment as to whether a claim is covered by a warranty; (“rapport d’évaluation de la conciliation”) “conciliation inspection” means one or more of a physical inspection, virtual inspection or desk assessment conducted as part of the conciliation of a claim; (“inspection de conciliation”) “condominium corporation” means, in respect of any condominium project, the corporation created or continued under the Condominium Act, 1998; (“association condominiale”) “condominium project” means the lands and interests appurtenant thereto that are described or proposed to be described in any description required by the Condominium Act, 1998 and which include or are proposed to include units to be used as homes; (“projet condominial”) “construction contract” means an agreement between a builder and an owner of land which provides for the construction of a home on the land; (“contrat de construction”) “contracted home” means a home constructed pursuant to a construction contract; (“logement sur contrat”) “Corporation” means Tarion Warranty Corporation; (“Société”) “co-share arrangement” means an arrangement, in respect of a major structural defect claim made under the Act in respect of a condominium project or a home, under which the vendor of the project or the home, as the case may be, agrees in writing to pay the Corporation, (a) the least of the following amounts if the claim involves common elements of a condominium project: (i) the cost to the Corporation of resolving all major structural defect claims in respect of the common elements of the project, (ii) 5 per cent of the aggregate sale price of all homes in the project, (iii) $750,000, (iv) the maximum amount payable on the claim as a result of any other liability cap set out under the Act, or (b) the least of the following amounts if the claim involves a home but does not involve common elements: (i) the cost to the Corporation of resolving all major structural defect claims in respect of the home, (ii) 5 per cent of the sale price of the home, (iii) $300,000, (iv) the maximum amount payable on the claim as a result of any other liability cap set out under the Act; (“accord de partage des coûts”) “date of possession” means the date on which the home is completed for possession by an owner as specified in the applicable certificate of completion and possession; (“date de prise de possession”) “date of registration” means the date on which the declaration and description required by the Condominium Act, 1998 are registered in the proper land registry office in respect of a condominium project; (“date d’enregistrement”) “date of transfer” means the date on which deposits are applied on account of the purchase price payable under a purchase agreement with respect to a home; (“date de transfert”) “deposit receipt” means a receipt executed by the Corporation, with provision for execution by the vendor and the purchaser, confirming to the purchaser the benefits of the Plan in respect of the purchase agreement; (“récépissé de dépôt”) “deposits” means, in respect of a home, all money received before the date of possession by or on behalf of the vendor from a purchaser on account of the purchase price payable under a purchase agreement, and, in the case of a condominium dwelling unit, includes money received by or on behalf of the vendor after the date of possession and prior to the date of transfer but does not include money, (a) paid under the purchase agreement as rent or as an occupancy charge and not part of the purchase price, or (b) specified in the purchase agreement as money paid under subsection 80 (4) of the Condominium Act, 1998; (“dépôts”) “expected major repair schedule” has the same meaning as in Ontario Regulation 522/17 (Residential Condominium Conversion Projects — General) made under the Act; (“budget des réparations majeures prévues”) “grace period” means a period of time that commences on the day following the end of a relevant claim period or date for request for conciliation, as the case may be, and ends on a day 10 days later, or, if that day is not a business day, on the next business day; (délai de grâce) “initial period” means the period determined in accordance with section 2 of Ontario Regulation 520/17 (Residential Condominium Conversion Projects — Initial Period and Holding Pre-Existing Elements Fund) made under the Act; (“période initiale”) “insurers” means the insurers for the time being under any contract or contracts of insurance establishing the guarantee fund; (“assureurs”) “interest” means the interest at the rate or rates prescribed under the Condominium Act, 1998
required to be paid by the vendor on deposits; (“intérêt”) “major structural defect” means, (a) in respect of a post June 30, 2012 home, any defect in work or materials in respect of a building, including a crack, distortion or displacement of a structural load-bearing element of the building, if it, (i) results in failure of a structural load-bearing element of the building, (ii) materially and adversely affects the ability of a structural load-bearing element of the building to carry, bear and resist applicable structural loads for the usual and ordinary service life of the element, or (iii) materially and adversely affects the use of a significant portion of the building for usual and ordinary purposes of a residential dwelling and having regard to any specific use provisions set out in the purchase agreement for the home, or (b) in respect of a home that is enrolled after December 31, 1990 and that is not a post June 30, 2012 home, any defect in work or materials, including any defect that results in significant damage due to soil movement, major cracks in basement walls, collapse or serious distortion of joints or roof structure and chemical failure of materials, if the defect, (i) results in failure of the load-bearing portion of any building or materially and adversely affects its load-bearing function, or (ii) materially and adversely affects the use of such building for the purpose for which it was intended, but does not include any defect attributable in whole or in part to a Year 2000 compliance problem, flood damage, dampness not arising from failure of a load-bearing portion of the building, damage to drains or services, damage to finishes, malicious damage or damage arising from acts of God, acts of the owners or their tenants, licensees or invitees, acts of civil or military authorities or acts of war, riot, insurrection or civil commotion; (“vice de construction important”) “major structural defect claim period” means, (a) the period beginning immediately after the date of possession and ending on the seventh anniversary of the date of possession, in the case of a warranty claim made under section 4.6, or (b) the period beginning immediately after the registration date of the declaration and description for the condominium project and ending on the seventh anniversary of the registration date, in the case of a warranty claim made under section 5.7; (“période de réclamation pour vice de construction important”) “major structural defect form” means, (a) the form that the Corporation requires for a claim made under subsection 14 (4) of the Act for a home, in the case of a warranty claim made under section 4.6 of this Regulation, or (b) the form that the Corporation requires for a warranty claim that an owner makes in respect of the common elements of a condominium project and submits to the Corporation under subsection 14 (4) of the Act, in the case of a warranty claim made under section 5.7 of this Regulation; (“formule relative aux vices de construction importants”) “post June 30, 2012 home” means, (a) in the case of a home of a type not described in clause (c) of the definition of “home” in section 1 of the Act, a home where the parties signed the purchase agreement or the construction contract on or after July 1, 2012, and (b) in the case of a home of a type described in clause (c) of the definition of “home” in section 1 of the Act, a home where the first arm’s length purchase agreement for a home in the condominium project was signed on or after July 1, 2012; (“logement postérieur au 30 juin 2012”) “pre-delivery inspection date” means the date, on or before the date of possession, on which the vendor and either one or both of the purchaser and the purchaser’s designate conduct an inspection of the home; (“date de l’inspection préalable à la prise de possession”) “pre-existing elements” and “pre-existing elements fund” have the same meaning as in subsection 17.1 (1) of the Act; (“éléments préexistants”, “fonds des éléments préexistants”) “purchase agreement” means an agreement between a vendor and any person providing for the purchase by such person of a home; (“convention d’achat”) “purchaser” means a person who enters into a purchase agreement with a vendor for the purchase of a home and includes an assignee of the purchaser’s interest in a purchase agreement; (“acheteur”) “residential condominium conversion project” has the same meaning as in subsection 17.1 (1) of the Act; (“projet de conversion en condominiums à usage d’habitation”) “sale price of a home” means, in relation to a home, the total value of consideration payable, directly or indirectly, by or on behalf of an owner to or for the credit of the vendor pursuant to a purchase agreement for the home, excluding applicable taxes; (“prix de vente d’un logement”) “second-year claim period” means, (a) the period beginning immediately after the first anniversary of the date of possession and ending on the second anniversary of the date of possession, in the case of a warranty claim made under section 4.4, or (b) the period beginning immediately after the first anniversary of the registration date of the declaration and description for the condominium project and ending on the second anniversary of the registration date, in the case of a warranty claim made under section 5.6; (“période de réclamation de deuxième année”) “second-year form” means, (a) the form that the Corporation requires for a warranty claim that an owner submits to the Corporation during the second-year claim period, in the case of a warranty claim made under section 4.4 or 4.5.1, or (b) the form that the Corporation requires for a warranty claim that an owner makes in respect of the common elements of a condominium project and submits to the Corporation during the second-year claim period, in the case of a warranty claim made under section 5.6; (“formule de réclamation de deuxième année”) “soil movement” means subsidence, expansion or lateral movement of the soil not caused by flood, earthquake, act of God or any other cause beyond the reasonable control of the builder; (“mouvement du sol”) “structural load-bearing element” means a structural portion or component of a building that is subjected to or designed to carry loads, excluding wind or earthquake loads, in addition to the weight of all permanent structural and non-structural components of the building; (“élément structural porteur”) “unit” has the same meaning as in subsection 1 (1) of the Condominium Act, 1998; (“partie privative”) “warranty certificate” means, in respect of any home or the common elements of any condominium project, the warranty certificate to be issued by the Corporation to the owner or condominium corporation, confirming the warranties provided for in section 13 of the Act; (“certificat de garantie”) “warranty claim” means a claim for breach of warranty under subsection 14 (3) or (4) of the Act; (“réclamation au titre de la garantie”) “warranty period”, for a warranty described in subsection 13 (1) of the Act, means the period beginning on the date on which the warranty takes effect under subsection 13 (3) or section 15 of the Act and ending on the date that the warranty expires; (“période de garantie”) “Year 2000 compliance problem” means a problem that results from, (a) a value for the current date that causes an interruption in operation, degradation in performance, change in functionality or misrepresentation of information, (b) data-based processing that does not behave consistently for dates prior to, during and after the year 2000, (c) data calculations involving either a single century or multiple centuries that cause an abnormal ending or generate incorrect results, or (d) failure to recognize the year 2000, or any year divisible by four, as a leap year. (“problème de conformité à l’an 2000”) R.R.O. 1990, Reg. 892, s. 1; O. Reg. 430/99, s. 1; O. Reg. 138/01, s. 1; O. Reg. 142/02, s. 1; O. Reg. 320/03, s. 1; O. Reg. 32/05, s. 1; O. Reg. 483/05, s. 1; O. Reg. 9/09, s. 1; O. Reg. 274/10, s. 1; O. Reg. 87/12, s. 1; O. Reg. 521/17, s. 1; O. Reg. 478/20, s. 1; O. Reg. 602/20, s. 2; O. Reg. 118/23, s. 2. PART II   THE PLAN Confirmation of Final Sale Price