jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The Lieutenant Governor in Council may, by regulation, designate a not-for-profit corporation without share capital incorporated under the laws of Ontario as the regulatory authority for the purposes of this Act. Delegated provisions (2) The Lieutenant Governor in Council may, by regulation, designate provisions of this Act and the regulations, except for this Part and sections 83, 84 and 85, as the delegated provisions. Delegation of administration (3) If the Lieutenant Governor in Council designates a corporation as the regulatory authority, the administration of the delegated provisions is delegated to the authority and the authority shall carry out the administration of the delegated provisions.
3 (1) The Lieutenant Governor in Council shall not designate a corporation under subsection 2 (1) until the Minister and the corporation have entered into an agreement to be known as the administrative agreement. 2017, c. 33, Sched. 1, s. 3 (1). Contents (2) The administrative agreement shall include, at a minimum, terms related to the following matters: 1.  The governance of the regulatory authority. 2.  All matters that the Minister considers necessary for the regulatory authority to carry out the administration of the delegated provisions. 3.  The maintenance by the regulatory authority of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations. 4.  The financial terms of the delegation of the administration of the delegated provisions, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets. 2017, c. 33, Sched. 1, s. 3 (2). Compliance with operating principles (3) In addition to the terms required under subsection (2), the administrative agreement shall require the regulatory authority to comply with the principles of, (a)  maintaining a fair, safe and informed marketplace; and (b)  promoting the protection of the public interest. 2020, c. 14, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 2 - 01/02/2021
4 (1) The regulatory authority shall share the prescribed information with the Minister, the warranty authority and prescribed persons in accordance with the regulations and in the manner and within the time prescribed. 2017, c. 33, Sched. 1, s. 4 (1). 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. 2017, c. 33, Sched. 1, s. 4 (2). Agreements (3) For the purpose of complying with subsection (1), the regulatory authority shall, in accordance with the regulations, enter into agreements with the Minister, the warranty authority and prescribed persons in the manner and within the time prescribed. 2017, c. 33, Sched. 1, s. 4 (3) Content of agreements (4) The information sharing agreements mentioned in subsection (3) shall include, at a minimum, terms relating to the prescribed matters, which may include, (a)  licence and licence renewal applications; (b)  licence conditions; (c)  licence suspensions; (d)  licence revocations; (e)  complaints made under section 56; (f)  breaches of the code of ethics established under clause 84 (1) (f); (g)  orders made under section 64; (h)  freeze orders made under section 65 or 66; (i)  compliance orders made under section 67 or immediate compliance orders made under section 68; (j)  restraining orders made under section 70; (k)  administrative penalties; (l)  offences; (m)  other enforcement actions taken by the regulatory authority; and (n)  all other content that is prescribed. 2017, c. 33, Sched. 1, s. 4 (4); 2020, c. 14, Sched. 4, s. 3 (1, 2). Sharing of enforcement information (5) The information sharing agreements may also require the sharing of enforcement information regarding actions that the registrar is taking or is proposing to take in relation to matters set out in subsection (4). 2017, c. 33, Sched. 1, s. 4 (5); 2020, c. 14, Sched. 4, s. 3 (3). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 3 (1-3) - 01/02/2021
5 In carrying out its powers and duties under this Act or the regulations, the regulatory authority shall comply with this Act, the regulations, the administrative agreement, the information sharing agreements and other applicable law.
6 (1) The Minister may, (a)  require that policy, legislative or regulatory reviews related to the powers and duties of the regulatory authority under this Act, the regulations, the administrative agreement or the information sharing agreements be carried out, (i)  by or on behalf of the authority, or (ii)  by a person or entity specified by the Minister; or (b)  require that reviews of the regulatory authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out, (i)  by or on behalf of the authority, or (ii)  by a person or entity specified by the Minister. Access to records (2) If a review is carried out by a person or entity specified by the Minister, the regulatory authority shall give the person or entity specified by the Minister and the employees of the person or entity access to all records and other information required to conduct the review.
7 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, by-laws and resolutions of the regulatory authority. 2017, c. 33, Sched. 1, s. 7; 2020, c. 14, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (1) - no effect - see 2020, c. 14, Sched. 4, s. 25 - 14/07/2020 2020, c. 14, Sched. 4, s. 4 - 01/02/2021
8 (1) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority if the Lieutenant Governor in Council considers it advisable to do so in the public interest. Revocation for non-compliance (2) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority if, (a)  the authority has failed to comply with this Act, the regulations, the administrative agreement, any of the information sharing agreements or other applicable law; (b)  the Minister has allowed the authority the opportunity of remedying its default within a specified time period that the Minister considers reasonable in the circumstances; and (c)  the authority has not remedied its default to the Minister’s satisfaction within the specified time period mentioned in clause (b) and the Minister has so advised the Lieutenant Governor in Council. Same, no restriction on subs. (1) (3) Nothing in subsection (2) restricts the ability of the Lieutenant Governor in Council to act under subsection (1). Revocation on request (4) The Lieutenant Governor in Council may, by regulation, revoke the designation of the regulatory authority on the terms that the Lieutenant Governor in Council considers advisable in the public interest if the authority requests the revocation. Non-application of other Act (5) The Statutory Powers Procedure Act does not apply to the exercise by the Lieutenant Governor in Council of a right under this section to revoke the designation of the regulatory authority. Transition (6) If the Lieutenant Governor in Council revokes the designation of the regulatory authority under this section, the Lieutenant Governor in Council may, by regulation, provide for any transitional matter necessary for the effective implementation of the revocation, including, (a)  the transfer, without compensation, of any property, including assets, liabilities, rights, obligations, records, databases, bank accounts and money, that the authority holds in respect of carrying out its activities; and (b)  the assignment, without compensation, of any contracts that the authority has entered into before the revocation. No Crown liability (7) 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 the revocation of the designation of the regulatory authority or any regulation made under subsection (6). No proceeding (8) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (7).
9 The Minister may exercise a power under subsection 24 (1) or any other prescribed provision 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, purchasers of new homes or owners. 2.  An event of force majeure has occurred. 3.  The regulatory authority is facing a risk of insolvency. 4.  The number of members of the board of the regulatory authority is insufficient for a quorum. Regulatory Authority
10 (1) The Minister may, by order, establish competency criteria for members of the board of the regulatory authority. 2017, c. 33, Sched. 1, s. 10 (1); 2022, c. 21, Sched. 5, s. 1 (1). 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). 2017, c. 33, Sched. 1, s. 10 (2). Conflict (3) In the event of a conflict, an order made under subsection (1) prevails over a constating document, by-law or resolution of the regulatory authority.2017, c. 33, Sched. 1, s. 10 (3); 2022, c. 21, Sched. 5, s. 1 (2). Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 5, s. 1 (1, 2) - 28/11/2022
11 (1) The Minister may, by order, provide that no more than a fixed percentage of members of the board of the authority shall be drawn from among the persons or classes of persons set out in the order. 2017, c. 33, Sched. 1, s. 11 (1); 2020, c. 14, Sched. 4, s. 5; 2022, c. 21, Sched. 5, s. 2 (1). Conflict (2) In the event of a conflict, an order made under subsection (1) prevails over a constating document, by-law or resolution of the regulatory authority. 2017, c. 33, Sched. 1, s. 11 (2); 2022, c. 21, Sched. 5, s. 2 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 5 - 01/02/2021 2022, c. 21, Sched. 5, s. 2 (1, 2) - 28/11/2022
12 (1) The Minister may appoint at pleasure one or more members to the board of the regulatory authority for a term specified in the appointment. Majority (2) The number of members appointed by the Minister shall not form a majority of the board. 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.
13 The Minister may appoint a chair from among the members of the board of the regulatory authority.
14 (1) The regulatory authority shall make available to the public, on its website and by any other means that the authority determines, the following information within the prescribed time: 1.  Prescribed information relating to the compensation of board members, officers and employees and relating to any other payments that the authority makes or is required to make to them. 2.  Corporate by-laws of the authority. 3.  Any other information that is prescribed. 2017, c. 33, Sched. 1, s. 14 (1). Compensation information (2) A regulation made under paragraph 1 of subsection (1) may require that the regulatory authority make available to the public under that subsection information relating to the compensation of a board member or officer who is in office on February 1, 2021 or an individual who is an employee on that day, where the information is for a period that begins before that day. 2017, c. 33, Sched. 1, s. 14 (2); CTS 12 AU 22 - 2. Effect of compliance (3) If the regulatory authority makes available to the public information relating to compensation in accordance with subsection (1), or in the reasonable belief that action is required by that subsection, no court or person shall find that the authority, (a)  has contravened any Act enacted or regulation made before or after February 1, 2021; or (b)  is in breach of or has contravened any agreement that purports to restrict or prohibit that action, regardless of whether the agreement is made before or after February 1, 2021. 2017, c. 33, Sched. 1, s. 14 (3); 2022, c. 21, Sched. 5, s. 3. Processes and procedures (4) The regulatory authority shall follow the prescribed processes and procedures with respect to providing access to the public to records of the authority and with respect to managing personal information contained in those records. 2017, c. 33, Sched. 1, s. 14 (4). Section Amendments with date in force (d/m/y) CTS 12 AU 22 - 2; 2022, c. 21, Sched. 5, s. 3 - 28/11/2022
15 (1) Subject to the administrative agreement, the regulatory authority may employ or retain the services of any qualified person to carry out any of its powers and duties under this Act or the regulations. Not Crown employees (2) The following persons are not employees of the Crown and shall not hold themselves out as such: 1.  Persons who are employed or whose services are retained under subsection (1). 2.  Members, officers and agents of the regulatory authority. 3.  Members of the board of the regulatory authority, including those appointed by the Minister.
16 (1) Despite the Crown Agency Act, the regulatory authority is not an agent of the Crown for any purpose and shall not hold itself out as such. 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 regulatory authority under subsection 15 (1). 2.  Members, officers and agents of the regulatory authority. 3.  Members of the board of the regulatory authority, including those appointed by the Minister. Limits on liability
17 (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. 4, s. 6. 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. 4, s. 6. 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 who is not a minister of the Crown, a Crown employee or a Crown agent if the act or omission is related, directly or indirectly, to the exercise or performance or intended exercise or performance of a duty or power under this Act, the regulations or a Minister’s order. 2020, c. 14, Sched. 4, s. 6. Same (4) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, shall be instituted against the Crown, a minister of the Crown, a Crown employee or a Crown agent by a person who has suffered any damages, injury or other loss based on or related to any cause of action described in subsection (3). 2020, c. 14, Sched. 4, s. 6. Application (5) Without limiting the generality of subsection (4), that subsection applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief, and includes a proceeding to enforce a judgment, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 4, s. 6. Revocation (6) Subsections (1) to (5) apply, with necessary modifications, in respect of a direct or indirect result of the revocation of a designation under section 8 or of any regulation made under subsection 8 (6). 2020, c. 14, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 125 (1) - no effect - see 2020, c. 14, Sched. 4, s. 24 - 14/07/2020 2020, c. 14, Sched. 4, s. 6 - 01/02/2021
18 The regulatory authority 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 regulatory authority 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. 4, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 7 - 01/02/2021
19 (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. 4, s. 8. Application (2) Subsection (1) applies to the following persons: 1.  The registrar. 2.  A deputy registrar. 3.  The Director. 4.  A Deputy Director. 5.  An inspector. 6.  An investigator. 7.  An assessor. 8.  A director or officer of the regulatory authority. 9.  A person whom the regulatory authority employs or whose services the regulatory authority retains. 10.  An agent of the regulatory authority. 11.  A member of the discipline committee under subsection 57 (1), of the appeals committee under subsection 57 (2) or of a committee or an advisory body of the regulatory authority. 12.  The person, if any, prescribed by the Minister for the purpose of the definition of “appeal body” in subsection 77 (1). 2020, c. 14, Sched. 4, s. 8. Liability of regulatory authority (3) Subsection (1) does not relieve the regulatory authority of liability to which it would otherwise be subject in respect of the acts or omissions of a person mentioned in subsection (2). 2020, c. 14, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 8 - 01/02/2021 20 Repealed: 2020, c. 14, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 9 - 01/02/2021
21 (1) The money that the regulatory authority collects in carrying out its powers and duties under this Act or the regulations is not public money within the meaning of the Financial Administration Act. 2017, c. 33, Sched. 1, s. 21 (1). Use of money (2) Subject to section 26 and the administrative agreement, the regulatory authority may use the money described in subsection (1) to carry out activities in accordance with its purposes. 2017, c. 33, Sched. 1, s. 21 (2), 87 (2). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (2) - 19/10/2021
22 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the regulatory authority, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2017, c. 33, Sched. 1, s. 22 (1), 87 (3). Access to records and information (2) If the Auditor General conducts an audit under subsection (1), the regulatory authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2017, c. 33, Sched. 1, s. 22 (2). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (3) - 19/10/2021
23 (1) The board of the regulatory authority shall report to the Minister on its activities and financial affairs as they relate to this Act, the administrative agreement and the information sharing agreements. Form and contents (2) The report shall be in a form acceptable to the Minister and shall provide the information that the Minister requires. Time for reports (3) The board of the regulatory authority shall prepare the report for each year and at the other times that the Minister specifies. Disclosure by board (4) The board of the regulatory authority shall publish the report on the authority’s website and by any other method within the period and in the manner that the Minister requires.
24 (1) Subject to section 9, the Minister may, by order, appoint an individual as an administrator of the regulatory authority for the purposes of assuming control of it and responsibility for its activities. 2017, c. 33, Sched. 1, s. 24 (1). Notice of appointment (2) The Minister shall give the board of the regulatory authority the notice that the Minister considers reasonable in the circumstances before appointing the administrator. 2017, c. 33, Sched. 1, s. 24 (2). Immediate appointment (3) Subsection (2) does not apply if there are not enough members on the board to form a quorum. 2017, c. 33, Sched. 1, s. 24 (3). Term of appointment (4) The appointment of the administrator is valid until the Minister makes an order terminating it.  2017, c. 33, Sched. 1, s. 24 (4). Powers and duties of administrator (5) Unless the order appointing the administrator provides otherwise, the administrator has the exclusive right to exercise all the powers and perform all the duties of the directors, officers and members of the regulatory authority. 2017, c. 33, Sched. 1, s. 24 (5). Same, limitations (6) In the order appointing the administrator, the Minister may specify the administrator’s powers and duties and the conditions governing them. 2017, c. 33, Sched. 1, s. 24 (6). Right of access (7) The administrator has the same rights as the board in respect of the documents, records and information of the regulatory authority. 2017, c. 33, Sched. 1, s. 24 (7). Report to Minister (8) The administrator shall report to the Minister as the Minister requires. 2017, c. 33, Sched. 1, s. 24 (8). Minister’s directions (9) The Minister may issue directions to the administrator about any matter within the administrator’s jurisdiction, and the administrator shall carry them out. 2017, c. 33, Sched. 1, s. 24 (9). No personal liability (10) No action or other proceeding shall be instituted against the administrator for an act done in good faith in the execution or intended execution of a duty or power under this Act, the regulations, the delegated provisions, a Minister’s order or the appointment under subsection (1), or for an alleged neglect or default in the execution in good faith of that duty or power. 2017, c. 33, Sched. 1, s. 24 (10). Crown liability (11) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (10) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2017, c. 33, Sched. 1, s. 24 (11); 2019, c. 7, Sched. 17, s. 125 (2). Liability of regulatory authority (12) Subsection (10) does not relieve the regulatory authority of liability to which it would otherwise be subject. 2017, c. 33, Sched. 1, s. 24 (12). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 125 (2) - 01/02/2021
25 (1) On the appointment of an administrator under section 24, the members of the board of the regulatory authority cease to hold office, unless the order provides otherwise. 2017, c. 33, Sched. 1, s. 25 (1). 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. 1, s. 25 (2). 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 regulatory authority after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2017, c. 33, Sched. 1, s. 25 (3). Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) of this section does not relieve the Crown of liability to which it would otherwise be subject. 2017, c. 33, Sched. 1, s. 25 (4); 2019, c. 7, Sched. 17, s. 125 (3). Liability of regulatory authority (5) Subsection (3) does not relieve the regulatory authority of liability to which it would otherwise be subject. 2017, c. 33, Sched. 1, s. 25 (5). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 125 (3) - 01/02/2021 Powers and Duties of Regulatory Authority
26 (1) The regulatory authority may carry out activities in addition to those provided for under this Act in accordance with its purposes, subject to subsection (2). 2017, c. 33, Sched. 1, s. 26 (1), 87 (4). Commercial activities (2) The regulatory authority shall not engage in commercial activity through a person or entity that is related to the authority. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (4) - 19/10/2021
27 The regulatory authority shall not make any changes to its purposes unless the Minister’s written approval is obtained in advance. 2017, c. 33, Sched. 1, s. 27, 87 (5). Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 1, s. 87 (5) - 19/10/2021
28 (1) A person has the right to communicate in French with, and to receive available services in French from, the regulatory authority. Definition (2) In subsection (1), “service” means any service or procedure that is provided to the public by the regulatory authority in carrying out its powers and duties under this Act or the regulations and includes, (a)  responding to inquiries from members of the public, and (b)  any other communications for the purpose of providing the service or procedure. Board’s duty (3) The board of directors of the regulatory authority shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. Limitation (4) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.
29 (1) The regulatory authority may, (a)  establish forms related to the administration of the delegated provisions and provide for their content; (b)  in accordance with processes and criteria established by the authority and approved by the Minister, set and collect fees, costs or other charges related to the administration of the delegated provisions; and (c)  make rules governing the payment of the fees, costs and charges described in clause (b). Setting fees (2) In setting the fees, costs and charges described in clause (1) (b), the regulatory authority may specify their amounts or the method for determining the amounts. Publication of fee schedule (3) The regulatory authority, (a)  shall publish the fees, costs and charges, processes, criteria and rules on its website or by any other electronic means required under the administrative agreement; and (b)  may publish that information in any other format that the authority considers advisable.
30 The Minister may require the regulatory authority to, (a)  establish one or more advisory councils; (b)  include, as members of an advisory council, representatives of the public, consumer groups, businesses or government organizations and other persons as the Minister determines; or (c)  undertake an advisory process in which it seeks advice from one or both of the public and persons with experience or knowledge relating to this Act.
31 The regulatory authority shall advise the Minister with respect to, (a)  any material fact that could affect the authority’s ability to perform its duties under this Act or the regulations; or (b)  any urgent or critical matter that is likely to require action by the Minister to ensure that the administration of the delegated provisions is carried out properly.
32 (1) The regulatory authority shall advise or report to the Minister on any matter that the Minister refers to it and that relates to this Act or the administration of the delegated provisions. Suggestions for legislative amendments (2) The regulatory authority may suggest to the Minister amendments to Ontario legislation that it considers would, (a)  further the purpose of this Act; or (b)  assist the authority in carrying out its powers and duties under this Act or the regulations.
33 (1) The regulatory authority shall participate, in accordance with the administrative agreement and the regulations, if any, in, (a)  doing research into cost-effective building techniques, processes and materials; and (b)  identifying, in co-operation with other organizations, best practices for new home construction. 2017, c. 33, Sched. 1, s 33 (1); 2020, c. 14, Sched. 4, s. 10. Consumer education (2) The regulatory authority shall engage in efforts to support consumer education and awareness about new home construction, ownership and maintenance. 2017, c. 33, Sched. 1, s 33 (2). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 10 - 01/02/2021
34 (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; and (b)  any information that is prescribed. 2020, c. 14, Sched. 4, s. 11. Information provision (2) The regulatory authority 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. 4, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 11 - 01/02/2021 Miscellaneous
35 (1) The following person or body shall appoint a registrar for the purposes of this Act and may appoint one or more deputy registrars: 1.  The board of the regulatory authority. 2.  The Minister, if there is no regulatory authority. Deputy registrars (2) A deputy registrar may exercise the powers and perform the duties of the registrar that the registrar specifies and shall, if the registrar so directs, act as the registrar in the registrar’s absence. If more than one deputy registrar (3) If more than one deputy registrar is appointed, only one deputy registrar may act as the registrar under subsection (2) at any one time in respect of the powers and duties that the registrar specifies.
36 (1) Subject to subsection (2), the following person or body shall appoint a Director for the purposes of this Act and may appoint one or more Deputy Directors: 1.  The board of the regulatory authority. 2.  The Minister, if there is no regulatory authority. Restriction (2) A person appointed as the registrar or a deputy registrar under section 35 shall not be appointed as the Director or a Deputy Director under subsection (1) of this section. Deputy Directors (3) A Deputy Director shall perform the duties that the Director assigns and shall, if directed by the Director, act as the Director in the Director’s absence. If more than one Deputy Director (4) If more than one Deputy Director is appointed, only one Deputy Director may act as the Director under subsection (3) at any one time in respect of the powers and duties that the Director specifies. PART III   LICENSING
37 (1) No person shall act or hold oneself out as a vendor, offer to sell or transfer a new home, including as prescribed, or sell or transfer a new home, including as prescribed, unless the person is licensed as a vendor and meets the other prescribed requirements, if any. Same, builder (2) No person shall act or hold oneself out as a builder, offer to construct a new home or construct a new home unless the person is licensed as a builder and meets the other prescribed requirements, if any. Owner-builder (3) An owner-builder is not a builder unless prescribed otherwise.
39 A licence is subject to the conditions, (a)  to which the applicant or licensee consents; (b)  that the registrar applies under subsection 40 (3), (4) or (6); (c)  that the Tribunal orders; or (d)  that are prescribed.
40 (1) Subject to section 43, the registrar may refuse to license an applicant or renew the licence of a licensee if, (a)  in the registrar’s opinion, the applicant or licensee is not entitled to a licence under subsection 38 (1); or (b)  the applicant or licensee fails or refuses to comply with subsection 38 (2). 2017, c. 33, Sched. 1, s. 40 (1). Suspension or revocation of licence (2) Subject to section 43, the registrar may suspend or revoke a licence at any time for any reason that would cause the licensee to be disentitled to the licence. 2017, c. 33, Sched. 1, s. 40 (2). Conditions (3) Subject to section 43, the registrar may, (a)  approve the licence or the renewal of a licence on the conditions that the registrar considers appropriate; and (b)  at any time, apply to a licence the conditions that the registrar considers appropriate. 2017, c. 33, Sched. 1, s. 40 (3). Same (4) Subject to section 43, the registrar shall apply to a licence the conditions that the Registrar appointed by the Corporation within the meaning of the Ontario New Home Warranties Plan Act requires the registrar to attach to the licence under subsection 10.3 (10) or 17.4 (2.2) of that Act or that the warranty authority requires the registrar to attach to the licence under subsection 43 (8) of the Protection for Owners and Purchasers of New Homes Act, 2017. 2017, c. 33, Sched. 1, s. 40 (4); 2020, c. 14, Sched. 4, s. 12. Request for information (5) The registrar may request an applicant for a licence or a licensee to provide to the registrar, in the form and within the time period specified by the registrar, (a)  information specified by the registrar that allows the registrar to determine whether the applicant for a licence or the licensee has become disentitled to the licence; and (b)  verification, by affidavit or otherwise, of any information described in clause (a) that the applicant for a licence or the licensee is providing or has provided to the registrar. 2017, c. 33, Sched. 1, s. 40 (5). Consequence for non-compliance (6) If an applicant for a licence or a licensee fails or refuses to provide the information requested under subsection (5), the registrar may, subject to section 43, refuse to grant the licence or the renewal of licence, suspend or revoke the licence or apply conditions to the licence. 2017, c. 33, Sched. 1, s. 40 (6). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 12 - 01/02/2021
41 The registrar may cancel a licence upon the request in writing of the licensee and section 43 does not apply to the cancellation.
42 (1) A licence expires at the time that is specified in the licence or on the occurrence of an event that is described in the licence. No application for renewal (2) A licensee may allow a licence to expire by not applying to renew it before its expiry.
43 (1) The registrar shall notify an applicant or licensee in writing if the registrar proposes to, (a)  refuse, under subsection 40 (1), to grant or renew a licence; (b)  suspend or revoke a licence under subsection 40 (2) or 45 (1); (c)  apply conditions to a licence under subsection 40 (3) to which the licensee has not consented; or (d)  apply conditions to a licence under subsection 40 (4) or (6). Content of notice (2) The notice shall set out the reasons for the registrar’s proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers, within 15 days after service of the notice, a written request for a hearing to the registrar and to the Tribunal. Service of notice (3) The notice shall be served on the applicant or licensee in accordance with section 81. Service of hearing request (4) A request for a hearing under subsection (2) is sufficiently served if it is sent to the registrar and to the Tribunal by personal delivery, by registered mail or in accordance with the rules of the Tribunal. Same (5) If service is made by registered mail, it shall be deemed to be made on the third day after the day of mailing. Other methods (6) Despite subsection (4), the Tribunal may order any other method of service. If no request for hearing (7) If the applicant or licensee does not request a hearing in accordance with subsection (2), the registrar may carry out the proposed action. Hearing (8) If the applicant or licensee requests a hearing in accordance with subsection (2), the Tribunal shall hold the hearing and may, by order, (a)  direct the registrar to carry out the registrar’s proposed action; or (b)  substitute its opinion for that of the registrar. Powers of Tribunal (9) In addition to its powers under subsection (8), the Tribunal may attach conditions to its order or to a licence. Parties (10) The registrar, the applicant or licensee and the other persons that the Tribunal specifies are parties to the proceedings under this section. Immediate effect (11) Even if a licensee appeals an order of the Tribunal, the order takes effect immediately, unless the order provides otherwise, but the Divisional Court may grant a stay until the disposition of the appeal.
44 If, within the time prescribed or, if no time is prescribed, before the expiry of the licensee’s licence, the licensee has applied for a renewal of a licence and paid the required fee, the licence shall be deemed to continue until, (a)  the renewal is granted; (b)  the registrar gives the licensee written notice of the registrar’s refusal under section 40 to grant the renewal; (c)  the time for requesting a hearing under section 43 has expired, if the licensee receives a notice of a proposal under that section and does not request such a hearing; or (d)  the Tribunal makes its order, if the licensee receives a notice of a proposal under section 43 and does request such a hearing.
45 (1) If the registrar proposes to suspend or revoke a licence under subsection 40 (2) and if the registrar considers it in the public interest to do so, the registrar may, by order, temporarily suspend the licence. Immediate effect (2) An order under subsection (1) takes effect immediately. Expiry of order (3) If the licensee requests a hearing under section 43, the order expires 15 days after the Tribunal receives the written request for a hearing, but the Tribunal may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period. Extension of expiry of order (4) Despite subsection (3), if the Tribunal is satisfied that the conduct of the licensee has delayed the commencement of the hearing, it may extend the time of the expiration for the order, (a)  until the hearing commences; and (b)  once the hearing commences, until the hearing is concluded.
46 Once a decision of the registrar to refuse a person a licence or a renewal of a licence or to revoke a licence of a person has become final, the person may reapply for a licence only if, (a)  the time prescribed to reapply has passed since the refusal or revocation; and (b)  the person satisfies the registrar that new or other evidence is available or that material circumstances have changed.
47 (1) A licence is not transferable. Trustee in bankruptcy (2) The appointment of a trustee in bankruptcy, receiver, court-appointed receiver, monitor within the meaning of the Companies’ Creditors Arrangement Act (Canada) or other insolvency agent for a licensee does not result in a transfer of any licence of the licensee, but this Act applies with necessary modifications to the person so appointed who deals with the licence, as if that person were the licensee. Notice to registrar (3) Within 15 days after the date of the bankruptcy, as defined in section 2 of the Bankruptcy and Insolvency Act (Canada), or the prescribed insolvency proceeding with respect to a licensee, the trustee in bankruptcy, receiver, court-appointed receiver, monitor within the meaning of the Companies’ Creditors Arrangement Act (Canada) or other insolvency agent shall give the registrar a written notice of the bankruptcy or the prescribed insolvency proceeding, as applicable, together with a written plan specifying how the person so appointed intends to manage the operations of the licensee.
48 For the purposes of this Act, a person, who at any time is licensed as a vendor and who acts as the vendor of a new home to which a warranty described in subsection 13 (1) of the Ontario New Home Warranties Plan Act or in subsection 47 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017 applies, continues to be the vendor of the home even if another person sells or transfers, as prescribed, the home to an owner or completes a transaction to sell or transfer, as prescribed, the home to an owner. 2017, c. 33, Sched. 1, s. 48; 2020, c. 14, Sched. 4, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 4, s. 13 - 01/02/2021 PART IV   Regulation of LICENSEEs
49 (1) Every licensee shall notify the registrar in writing within five days of any change in address for service. Timing (2) The registrar shall be deemed to have received a notice under this section on the day on which the registrar actually received it or, if the notice is sent by mail, on the day of mailing.
50 (1) When a person ceases to have a controlling interest in a licensee, or acquires a controlling interest in a licensee, the licensee shall promptly notify the registrar. Review (2) When the registrar learns of a change of control occurring with respect to a licensee, the registrar may review the licensee’s licence and request the licensee to provide to the registrar, in the form and within the time period specified by the registrar, (a)  information specified by the registrar that allows the registrar to determine whether the licensee has become disentitled to the licence; and (b)  verification, by affidavit or otherwise, of any information described in clause (a) that the applicant is providing or has provided to the registrar.
51 (1) Every applicant for a licence or renewal of a licence that is a corporation and every licensee that is a corporation shall notify the registrar in writing within 30 days after the issue or transfer of any equity shares of the corporation, if the issue or transfer results in, (a)  any person, or any persons that are associated with each other, acquiring or accumulating beneficial ownership or control of 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation; or (b)  an increase in the percentage of issued and outstanding equity shares of the corporation beneficially owned or controlled by any person, or any persons who are associated with each other, where the person or the associated persons already beneficially owned or controlled 10 per cent or more of the total number of all issued and outstanding equity shares of the corporation before the issue or transfer. Same (2) Despite subsection (1), if an applicant described in that subsection that is a corporation or a licensee that is a corporation becomes aware of a transfer to which that subsection would otherwise apply after the transfer has taken place, it shall notify the registrar in writing within 30 days after knowledge of the transfer comes to the attention of its officers or directors. Calculating number of shares (3) In calculating the total number of equity shares of the corporation beneficially owned or controlled for the purpose of this section, the total number shall be calculated as the total of all the shares beneficially owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equal to the total number of votes it carries.
52 Every licensee who experiences a material change, as prescribed, at any time shall, (a)  promptly inform the registrar of the change; (b)  promptly answer any inquiries that the registrar has with respect to the change; and (c)  produce any documents or information that the registrar requests with respect to the change within the time that the registrar specifies.
53 (1) A vendor that enters into an agreement in respect of the sale or other transfer as prescribed of a new home to a purchaser shall deliver to the purchaser the information, if any, that is prescribed and do so in the form and manner prescribed and within the time prescribed, including whether the vendor is required to deliver the information before, at the time of or after entering into the agreement. Same, builder (2) A builder that enters into a contract for the construction of a new home with an owner shall deliver to the owner the information, if any, that is prescribed and shall do so in the form and manner prescribed and within the time prescribed, including whether the builder is required to deliver the information before, at the time of or after entering into the contract. Agreements of vendors with purchasers (3) An agreement that a vendor enters into with a purchaser shall include the terms or conditions that the regulations deem to be so included and shall not include any term or condition that the regulations prohibit from being so included. Construction contracts with purchasers (4) A contract for the construction of a new home that a builder enters into with an owner shall include the terms or conditions that the regulations deem to be so included and shall not include any term or condition that the regulations prohibit from being so included.
54 No licensee shall make a false, misleading or deceptive representation in its advertising, documents or other prescribed materials.
55 Every licensee shall take all reasonable precautions to ensure that the licensee and the licensee’s employees and agents comply with this Act, the regulations and orders made by the Director or the Tribunal under this Act or by the discipline committee or appeals committee under section 57. PART V   Complaints, Discipline, Inspections, Investigations and Enforcement Complaints and Discipline
56 (1) The registrar may, (a)  receive complaints concerning conduct that may be in contravention of this Act, the regulations or prescribed legislation; (b)  make written requests to licensees for information regarding complaints; and (c)  attempt to mediate or resolve complaints, as appropriate, concerning any conduct that comes to the registrar’s attention that may be in contravention of this Act, the regulations or prescribed legislation. 2022, c. 12, Sched. 3, s. 2. Request for information (2) A request made under clause (1) (b) shall indicate the nature of the complaint. 2022, c. 12, Sched. 3, s. 2. Duty to comply (3) A licensee who receives a request made under clause (1) (b) shall provide the requested information to the registrar. 2022, c. 12, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 3, s. 2 - 14/04/2022