jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 Subject to the prescribed restrictions, if any, this Act binds the Crown. 2020, c. 14, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 2 - 01/02/2021
1.2 This Act applies despite any agreement to the contrary. 2020, c. 14, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 3 - 01/02/2021
2.0.1 (1) The Corporation shall enter into an administrative agreement with the Minister on or before the day specified by the Minister. 2020, c. 14, Sched. 5, s. 5. Contents (2) The administrative agreement shall include, at a minimum, terms related to the following matters: 1. The governance of the Corporation. 2. All matters that the Minister considers necessary for the Corporation to carry out the administration of this Act and the regulations. 3. The maintenance by the Corporation of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations. 2020, c. 14, Sched. 5, s. 5. Compliance with operating principles (3) The administrative agreement, in addition to the minimum terms required under subsection (2), shall require the Corporation to comply with the principles of, (a) maintaining a fair, safe and informed marketplace; and (b) promoting the protection of the public interest, and consumers in particular. 2020, c. 14, Sched. 5, s. 5. Amendment by Minister (4) Subject to subsection (5), the Minister may unilaterally amend the administrative agreement, after giving the Corporation the notice that the Minister considers reasonable in the circumstances. 2020, c. 14, Sched. 5, s. 5. Conditions precedent (5) The Minister may amend the administrative agreement under subsection (4) only if the Minister is of the opinion that it is advisable to do so in the public interest because at least one of the following conditions is satisfied: 1. Amending the administrative agreement is necessary to prevent serious harm to the interests of the public, purchasers of homes or owners. 2. An event of force majeure has occurred. 3. The Corporation is facing a risk of insolvency. 4. The number of members of the board is insufficient for a quorum. 2020, c. 14, Sched. 5, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 5 - 30/11/2020
2.0.2 (1) The Corporation shall share the prescribed information with the Minister, the regulatory authority and prescribed persons in accordance with the regulations and in the manner and within the time prescribed. 2020, c. 14, Sched. 5, s. 6. 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. 2020, c. 14, Sched. 5, s. 6. Agreements (3) For the purpose of complying with subsection (1), the Corporation shall, in accordance with the regulations, enter into agreements with the Minister, the regulatory authority and prescribed persons in the manner and within the time prescribed. 2020, c. 14, Sched. 5, s. 6. 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) the enrolment, or qualification for enrolment, of homes in the Plan; (b) claims for compensation from the guarantee fund; (c) the result of the claims mentioned in clause (b); and (d) all other matters that are prescribed. 2020, c. 14, Sched. 5, s. 6. 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). 2020, c. 14, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 6 - 01/02/2021
2.0.3 In carrying out its powers and duties under this Act or the regulations, the Corporation shall comply with this Act, the regulations, the administrative agreement, the information sharing agreements and other applicable law. 2020, c. 14, Sched. 5, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 7 - 30/11/2020
2.1 (1) 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, the corporate by-laws and the resolutions of the Corporation. 2020, c. 14, Sched. 5, s. 8. Same, Minister’s order (2) In the event of conflict, a Minister’s order made under section 2.2, 2.3, 2.6 or 5.1 prevails over a corporate by-law or a constating document or resolution of the Corporation. 2019, c. 7, Sched. 47, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019 2020, c. 14, Sched. 5, s. 8 - 30/11/2020
2.2 (1) The Minister may, by order, establish competency criteria for members of the board. 2019, c. 7, Sched. 47, s. 2. 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). 2019, c. 7, Sched. 47, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019
2.3 (1) The Minister may, by order, provide that no more than a fixed percentage of members of the board shall be drawn from among the persons or classes of persons specified in the order. 2019, c. 7, Sched. 47, s. 2. Change in number of board members (2) The Minister may, by order, increase or decrease the number of members of the board. 2019, c. 7, Sched. 47, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019
2.4 (1) The Minister may appoint at pleasure one or more members to the board for a term specified in the appointment. 2019, c. 7, Sched. 47, s. 2. Majority (2) The number of members appointed by the Minister shall not form a majority of the board. 2019, c. 7, Sched. 47, s. 2. 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. 2019, c. 7, Sched. 47, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019
2.5 The Minister may appoint a chair from among the members of the board. 2019, c. 7, Sched. 47, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019
2.6 (1) In this section, “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid, and includes salary, benefits, perquisites and all forms of non-discretionary and discretionary payments. 2019, c. 7, Sched. 47, s. 2. Same (2) The Minister may, by order, require the Corporation to make available to the public, on its website and by any other means that the Corporation determines, information relating to, (a) the compensation that the Corporation pays to members of the board, its officers and its employees or the amount of the compensation specified in the order; and (b) any other payments that the Corporation makes or is required to make to the persons mentioned in clause (a). 2019, c. 7, Sched. 47, s. 2. Compensation information (3) An order made under subsection (2) may require that the Corporation make available to the public information relating to the compensation of a member of the board or one of its officers who is in office on May 29, 2019 or an individual who is one of its employees on that day, where the information is for a period that begins before that day. 2019, c. 7, Sched. 47, s. 2; CTS 15 AU 22 - 1. Effect of compliance (4) If the Corporation makes available to the public information relating to compensation in accordance with an order made under subsection (2) or in the reasonable belief that action is required by the order, no court, person or other entity shall find that the Corporation, (a) has contravened any Act enacted or regulation made before or after May 29, 2019; 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 May 29, 2019. 2019, c. 7, Sched. 47, s. 2; 2020, c. 14, Sched. 5, s. 9; CTS 15 AU 22 - 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019 2020, c. 14, Sched. 5, s. 9 - 01/02/2021 CTS 15 AU 22 - 1, 2
2.7 (1) Despite the
Crown Agency Act, the Corporation is not an agent of the Crown for any purpose and shall not hold itself out as such. 2019, c. 7, Sched. 47, s. 2. 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 Corporation. 2. Members, officers and agents of the Corporation. 3. Members of the board, including those appointed by the Minister. 2019, c. 7, Sched. 47, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019
2.8 (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. 5, s. 10. 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. 5, s. 10. 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. 5, s. 10. 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. 5, s. 10. 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 judgement, order or award made by a court, tribunal or arbitrator outside of Canada. 2020, c. 14, Sched. 5, s. 10. 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 2 or any regulation made under subsection 2 (10). 2020, c. 14, Sched. 5, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 171 (3) - 01/07/2019; 2019, c. 7, Sched. 47, s. 2 - 29/05/2019 2020, c. 14, Sched. 5, s. 10 - 30/11/2020
2.9 The Corporation 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 Corporation 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. 5, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019 2020, c. 14, Sched. 5, s. 10 - 30/11/2020
2.10 (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. 5, s. 10. Application (2) Subsection (1) applies to the following persons: 1. The Registrar. 2. A Deputy Registrar. 3. An inspector. 4. A director or officer of the Corporation. 5. A person whom the Corporation employs or whose services the Corporation retains. 6. An agent of the Corporation. 7. A member of a committee or an advisory body of the Corporation. 8. The ombudsperson mentioned in section 5.7. 9. A person whom the ombudsperson employs or whose services the ombudsperson retains. 2020, c. 14, Sched. 5, s. 10. Liability of Corporation (3) Subsection (1) does not relieve the Corporation 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. 5, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 2 - 29/05/2019 2020, c. 14, Sched. 5, s. 10 - 30/11/2020
3 (1) The Corporation shall appoint a Registrar who shall perform the duties and exercise the powers given to the Registrar by this Act and the regulations under the supervision of the Corporation and who shall perform such other duties as are assigned by the Corporation.  R.S.O. 1990, c. O.31, s. 3. Deputy Registrars (2) The Corporation may appoint one or more Deputy Registrars who have and may exercise the powers and duties of the Registrar that the Registrar specifies.  1998, c. 18, Sched. E, s. 187. References to Registrar (3) If the Registrar so specifies, references in this Act and the regulations to the Registrar shall be deemed to refer to a Deputy Registrar.  1998, c. 18, Sched. E, s. 187. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 187 - 18/12/1998
4 All money payable under this Act to the Corporation shall be retained by the Corporation and applied to defray the expenses incurred and expenditures made in the carrying out of its duties under this Act and otherwise for the purposes of its objects set out in subsection 2 (2).  R.S.O. 1990, c. O.31, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 4, s. 3) Revenues and expenses 4 The Corporation shall retain all money paid or payable to it under this Act even if the money forms part of the guarantee fund and, subject to the regulations, shall apply the money to defray the expenses that it incurs and the expenditures that it makes in carrying out its duties under this Act or its objects set out in subsection 2 (2). 2017, c. 33, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 4, s. 3 - not in force
5 (1) The Corporation shall make a report annually to the Minister upon the affairs of the Corporation.  2000, c. 26, Sched. B, s. 15 (1). Tabling (2) The Minister shall, (a) submit the report to the Lieutenant Governor in Council; (b) lay the report before the Assembly if it is in session; and (c) deposit the report with the Clerk of the Assembly if the Assembly is not in session.  2000, c. 26, Sched. B, s. 15 (1). Disclosure by Corporation (3) The Corporation may give a copy of its report under subsection (1) to other persons before the Minister complies with subsection (2).  2000, c. 26, Sched. B, s. 15 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 15 (1) - 06/12/2000
5.2 (1) On the appointment of an administrator under section 5.1, the members of the board cease to hold office, unless the order provides otherwise. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 47, s. 3. 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. 4, s. 4. 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 Corporation after the member’s removal under subsection (1) or while the member’s powers are suspended under subsection (2). 2017, c. 33, Sched. 4, s. 4. Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) does not relieve the Crown of liability to which it would otherwise be subject. 2017, c. 33, Sched. 4, s. 4; 2019, c. 7, Sched. 17, s. 136 (2). Liability of Corporation (5) Subsection (3) does not relieve the Corporation of liability to which it would otherwise be subject. 2017, c. 33, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 4, s. 4 - 14/12/2017 2019, c. 7, Sched. 17, s. 136 (2) - 01/07/2019; 2019, c. 7, Sched. 47, s. 3 - 29/05/2019
5.3 The Corporation shall pay to the Minister, for each fiscal year of the Province or part of the year, an oversight fee in the amount that the Minister determines in respect of the cost that the Crown incurs in overseeing the activities of the Corporation in carrying out its objects, performing its duties and exercising its powers under this Act. 2017, c. 33, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 4, s. 4 - 14/12/2017
5.4 (1) The Auditor General appointed under the Auditor General Act may conduct an audit of the Corporation, other than an audit required under the Not-for-Profit Corporations Act, 2010. 2017, c. 33, Sched. 4, s. 5; 2020, c. 14, Sched. 5, s. 12. Access to records and information (2) If the Auditor General conducts an audit under subsection (1), the Corporation shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 2019, c. 7, Sched. 47, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 33, Sched. 4, s. 5 - 14/12/2017 2019, c. 7, Sched. 47, s. 4 - 29/05/2019 2020, c. 14, Sched. 5, s. 12 - 19/10/2021 Regulatory Authority — Information
5.5 (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; (b) the information that the Registrar determines is necessary to assist the regulatory authority in carrying out its duties under section 33 of the New Home Construction Licensing Act, 2017; or (c) any information that is prescribed. 2020, c. 14, Sched. 5, s. 13. Information provision (2) The Corporation 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. 5, s. 13. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 13 - 01/02/2021
5.6 Subject to the prescribed requirements or restrictions, if any, the Registrar shall provide the following information to the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017: 1. Information about the enrolment, or qualification for enrolment, of homes in the Plan. 2. Information about claims that the Registrar has received. 3. All other information, if any, that is prescribed. 2020, c. 14, Sched. 5, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 14 - 01/02/2021 Ombudsperson
5.7 The Corporation shall make available, in accordance with the administrative agreement and the regulations, if any, an ombudsperson to carry out the following duties: 1. To inquire into and to respond to the administration of this Act by the Corporation. 2. To make recommendations in respect of the administration of this Act by the Corporation. 3. To carry out the other duties, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 15 - 01/02/2021 6 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 32 – 01/02/2021 7 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 16 (1-5) - no effect - see 2020, c. 14, Sched. 5, s. 32 - 01/02/2021;
2020, c. 14, Sched. 5, s. 32 – 01/02/2021 8 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 32 – 01/02/2021 9 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 30 (2) - 01/04/2000 2009, c. 33, Sched. 10, s. 11 - 15/12/2009 2020, c. 14, Sched. 5, s. 17 - no effect - see 2020, c. 14, Sched. 5, s. 32 – 01/02/2021;
2020, c. 14, Sched. 5, s. 32 – 01/02/2021 10 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 32 – 01/02/2021 Protections
10.1 A vendor shall not sell or offer to sell a home unless the vendor, (a) is licensed as a vendor under the New Home Construction Licensing Act, 2017; (b) has provided the Registrar with the particulars that the Registrar requires and in the manner that the Registrar requires; (c) has paid the Registrar the fee that the Registrar requires; (d) has complied with the other requirements, if any, that are prescribed; (e) has received confirmation from the Registrar that the home, (i) qualifies for enrolment in the Plan, if construction of the home has not commenced, or (ii) has been enrolled in the Plan, if construction of the home has commenced; and (f) has provided the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017
with a copy of the confirmation described in clause (e). 2020, c. 14, Sched. 5, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 18 - 01/02/2021
10.2 (1) Subject to the prescribed requirements or restrictions, if any, a builder shall not offer to enter into a contract with an owner of land for the construction of a home on the land unless the builder, (a) is licensed as a builder under the New Home Construction Licensing Act, 2017; and (b) has complied with the other requirements, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 18. Offering to commence construction (2) A builder shall not offer to commence constructing a home unless the builder has complied with clauses (1) (a) and (b). 2020, c. 14, Sched. 5, s. 18. Contract for construction (3) Subject to the prescribed requirements or restrictions, if any, a builder shall not enter into a contract with an owner of land for the construction of a home on the land unless the builder, (a) is licensed as a builder under the New Home Construction Licensing Act, 2017; (b) has notified the Registrar of the intention to commence construction; (c) has provided the Registrar with the particulars that the Registrar requires and in the manner that the Registrar requires; (d) has paid the Registrar the fee that the Registrar requires; (e) has complied with the other requirements, if any, that are prescribed; (f) has received confirmation from the Registrar that the home has been enrolled in the Plan; and (g) has provided the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017
with a copy of the confirmation described in clause (f). 2020, c. 14, Sched. 5, s. 18. Commencing construction (4) A builder shall not commence constructing a home unless the builder has complied with clauses (3) (a) to (g). 2020, c. 14, Sched. 5, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 18 - 01/02/2021
10.4 Subject to section 10.6, at any time after the Registrar has made a determination that a home qualifies for enrolment in the Plan and before the Registrar enrols the home in the Plan, the Registrar may suspend or revoke the determination. 2020, c. 14, Sched. 5, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 18 - 01/02/2021
10.5 Subject to section 10.6, at any time after the Registrar enrols a home in the Plan, the Registrar may cancel the enrolment if the Registrar determines that the home ceases to meet the definition of a home in subsection 1 (1). 2020, c. 14, Sched. 5, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 18 - 01/02/2021
10.6 (1) The Registrar shall notify an applicant or a prescribed person if the Registrar proposes to, (a) refuse to grant an application described in subsection 10.3 (1) or (2); (b) impose conditions under subsection 10.3 (6); (c) suspend or revoke a determination that the home qualifies for enrolment in the Plan; or (d) cancel the enrolment of a home in the Plan. 2020, c. 14, Sched. 5, s. 18. Content of notice (2) The notice shall set out the reasons for the Registrar’s proposed action and shall state that the applicant or person is entitled to a hearing by the tribunal if the applicant or person mails or delivers, within 15 days after service of the notice, a written request for a hearing to the Registrar and to the tribunal. 2020, c. 14, Sched. 5, s. 18. Service of notice (3) The notice shall be served on the applicant or person in accordance with section 20, but this section prevails over section 20 to the extent of a conflict. 2020, c. 14, Sched. 5, s. 18. 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. 2020, c. 14, Sched. 5, s. 18. Same (5) If service is made by registered mail, it shall be deemed to have been made on the third day after the day of mailing. 2020, c. 14, Sched. 5, s. 18. Other methods (6) Despite subsection (4), the tribunal may order any other method of service. 2020, c. 14, Sched. 5, s. 18. If no request for hearing (7) If the applicant or person does not request a hearing in accordance with subsection (2), the Registrar may carry out the proposed action. 2020, c. 14, Sched. 5, s. 18. Hearing (8) If the applicant or person 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 the conditions that it sees fit instead of the conditions described in clause (1) (b) or substitute its opinion for that of the Registrar, as applicable. 2020, c. 14, Sched. 5, s. 18. Powers of tribunal (9) In addition to its powers under subsection (8), the tribunal may attach conditions to its order or to a determination that a home qualifies for enrolment in the Plan or to the enrolment of a home in the Plan. 2020, c. 14, Sched. 5, s. 18. Parties (10) The Registrar, the applicant or person and the other persons that the tribunal specifies are parties to the proceedings under this section. 2020, c. 14, Sched. 5, s. 18. Immediate effect (11) Even if the applicant or person 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. 2020, c. 14, Sched. 5, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 18 - 01/02/2021
10.7 Sections 10.1 to 10.6 do not apply with respect to residential condominium conversion projects. 2020, c. 14, Sched. 5, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 18 - 01/02/2021 Ontario New Home Warranties and Protection Plan
11 (1) The Ontario New Home Warranties Plan is continued under the name Ontario New Home Warranties and Protection Plan in English and Régime ontarien de garanties et de protection pour les logements neufs in French and is comprised of the warranties, protections, guarantee fund and compensation provided by this Act. 2020, c. 14, Sched. 5, s. 19. Guarantee fund (1.1) The guarantee fund includes all financial arrangements that are in place for providing money to the fund. 2019, c. 7, Sched. 47, s. 5. Management of guarantee fund (1.2) The Corporation shall maintain, manage and administer the guarantee fund and shall ensure that the money in the fund is adequate for the purpose of providing compensation under the Plan. 2019, c. 7, Sched. 47, s. 5. Disclosures on entering into contract (2) When a vendor enters into a contract for the sale of a home to an owner or for the construction of a home for an owner, the vendor shall deliver to the owner such documentation and notices respecting the Plan as are prescribed by the regulations.  R.S.O. 1990, c. O.31, s. 11 (2). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 5 - 29/05/2019 2020, c. 14, Sched. 5, s. 19 - 01/02/2021 12 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 32 – 01/02/2021
13 (1) Every vendor of a home warrants to the owner, (a) that the home, (i) is constructed in a workmanlike manner and is free from defects in material, (ii) is fit for habitation, and (iii) is constructed in accordance with the Ontario Building Code; (b) that the home is free of major structural defects as defined by the regulations; and (c) such other warranties as are prescribed by the regulations.  R.S.O. 1990, c. O.31, s. 13 (1). Exclusions (2) A warranty under subsection (1) does not apply in respect of, (a) defects in materials, design and work supplied by the owner; (b) secondary damage caused by defects, such as property damage and personal injury; (c) normal wear and tear; (d) normal shrinkage of materials caused by drying after construction; (e) damage caused by dampness or condensation due to failure by the owner to maintain adequate ventilation; (f) damage resulting from improper maintenance; (g) alterations, deletions or additions made by the owner; (h) subsidence of the land around the building or along utility lines, other than subsidence beneath the footings of the building; (i) damage resulting from an act of God; (j) damage caused by insects and rodents, except where construction is in contravention of the Ontario Building Code; (k) damage caused by municipal services or other utilities; (l) surface defects in work and materials specified and accepted in writing by the owner at the date of possession.  R.S.O. 1990, c. O.31, s. 13 (2). Certificate of completion (3) The vendor of a home shall deliver to the owner a certificate specifying the date upon which the home is completed for the owner’s possession and the warranties take effect from the date specified in the certificate.  R.S.O. 1990, c. O.31, s. 13 (3). Term of warranty under subs.(1) (4) A warranty under subsection (1) applies only in respect of claims made thereunder within one year after the warranty takes effect, or such longer time under such conditions as are prescribed.  R.S.O. 1990, c. O.31, s. 13 (4). Privity of contract (5) A warranty is enforceable even though there is no privity of contract between the owner and the vendor.  R.S.O. 1990, c. O.31, s. 13 (5). Application of warranties (6) The warranties set out in subsection (1) apply despite any agreement or waiver to the contrary and are in addition to any other rights the owner may have and to any other warranty agreed upon.  R.S.O. 1990, c. O.31, s. 13 (6).
15 For the purposes of sections 13 and 14, (a) a condominium corporation shall be deemed to be the owner of the common elements in the corporation; (b) subject to clauses (c) and (d), if a condominium unit that is a residential dwelling is included in a condominium property, the warranties on the common elements in the condominium corporation take effect on the date of the registration of the condominium declaration and description in accordance with the Condominium Act, 1998; (c) no warranties shall take effect on the common elements in a common elements condominium corporation or a vacant land condominium corporation; (d) the warranties on common elements in a phased condominium corporation that are added to the corporation after the registration of the condominium declaration and description, in accordance with the Condominium Act, 1998, take effect on the date of the registration of the amendments to the condominium declaration and description that created them; (e) the amalgamation of two or more condominium corporations does not affect or extend the warranties on the common elements in the amalgamating corporations.  1998, c. 19, s. 185 (2); 2020, c. 14, Sched. 5, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 19, s. 185 (2) - 05/05/2001 2020, c. 14, Sched. 5, s. 21 (1-5) - 01/02/2021
15.1 For the purposes of sections 13 and 14, a person shall be deemed to be a vendor of a home if the following conditions apply, even if another person sells the home to an owner or completes a transaction to sell the home to an owner: 1. The person at any time has registered as a vendor under this Act with respect to the home or at any time has been licensed as a vendor under the New Home Construction Licensing Act, 2017
with respect to the home. 2. The Registrar has confirmed that the home qualifies for enrolment in the plan or that the home has been enrolled in the plan, or the builder of the home has complied with section 12, as it read before it was repealed, as the case may be. 3. The builder of the home has substantially completed the construction of the home. 2020, c. 14, Sched. 5, s. 22. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 188 - 18/12/1998 2020, c. 14, Sched. 5, s. 22 - 01/02/2021 16 Repealed: 2020, c. 14, Sched. 5, s. 32. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 23 - no effect - see 2020, c. 14, Sched. 5, s. 32 - 01/02/2021;
2020, c. 14, Sched. 5, s. 32 – 01/02/2021
17 (1) The Corporation may, upon the request of an owner, conciliate any dispute between the owner and a vendor.  R.S.O. 1990, c. O.31, s. 17 (1). Idem (2) Where there is a dispute between a vendor and an owner arising out of the contract, neither party shall commence any proceeding in respect thereof until after fifteen days after the party notifies the Corporation of the dispute for the purpose of giving the Corporation an opportunity to effect conciliation.  R.S.O. 1990, c. O.31, s. 17 (2). Information to Corporation (3) Each party to a dispute shall supply the Corporation with such particulars thereof as the Corporation requires.  R.S.O. 1990, c. O.31, s. 17 (3). Arbitration (4) Every agreement between a vendor and prospective owner shall be deemed to contain a written agreement to submit present or future differences to arbitration, subject to appeal to the Divisional Court, and the Arbitration Act, 1991 applies.  R.S.O. 1990, c. O.31, s. 17 (4); 2019, c. 7, Sched. 47, s. 6. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 47, s. 6 - 29/05/2019 Residential Condominium Conversion Projects
17.2 (1) This Act applies to a residential condominium conversion project and to a unit or a proposed unit in it only if, (a) the builder holds a licence as a builder under the
New Home Construction Licensing Act, 2017 in respect of the project; (b) the vendor holds a licence as a vendor under the New Home Construction Licensing Act, 2017 in respect of the project; and (c) the project, the units or proposed units of it and the common elements of it have been enrolled in the Plan. 2015, c. 28, Sched. 1, s. 154 (7); 2020, c. 14, Sched. 5, s. 24. Limitation, pre-existing elements (2) Despite subsection (1) and despite anything else in this Act, subclause 13 (1) (a) (i) does not apply with respect to pre-existing elements. 2015, c. 28, Sched. 1, s. 154 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018 2020, c. 14, Sched. 5, s. 24 (1, 2) - 01/02/2021
17.3 (1) The conditions listed in subsection (2), in addition to any other conditions under this Act that apply, must be satisfied before, (a) a residential condominium conversion project, the units or proposed units of it and the common elements of it are enrolled in the Plan; or (b) a person sells or offers for sale any unit or proposed unit in a residential condominium conversion project. 2015, c. 28, Sched. 1, s. 154 (7). Same (2) The conditions mentioned in subsection (1) are the following: 1. The vendor has provided to the Registrar, in the prescribed manner and within the prescribed times, i. a property assessment report for the residential condominium conversion project, ii. a capital replacement plan for the project, and iii. a pre-existing elements fund study for the project. 2. The Registrar has determined, in accordance with the prescribed criteria, that the project qualifies for enrolment in the Plan. 3. The vendor has provided evidence satisfactory to the Registrar that, i. the pre-existing elements fund has been established in the prescribed manner, and ii. the vendor has complied with any other requirements imposed by the Registrar or with any prescribed requirements with respect to the pre-existing elements fund. 4. The vendor has provided evidence satisfactory to the Registrar that, i. the funding amount required by the Registrar has been placed in the pre-existing elements fund, in accordance with the prescribed requirements, or ii. if the Registrar has given the vendor written permission to act under this subparagraph, the funding amount required by the Registrar will be placed in the pre-existing elements fund, in accordance with the prescribed requirements, on or before the date of registration of the declaration and description under the Condominium Act, 1998. 2015, c. 28, Sched. 1, s. 154 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018
17.4 (1) With respect to a residential condominium conversion project, the Registrar shall provide confirmation of the facts set out in subsection (2), in the prescribed manner, (a) to the builder and the vendor; and (b) to any other prescribed person. 2015, c. 28, Sched. 1, s. 154 (7). Same (2) The facts mentioned in subsection (1) are, (a) the fact that the residential condominium conversion project, the units or proposed units of it and the common elements of it have qualified for enrolment in the Plan or have been enrolled in the Plan, as the case may be; (b) the fact that the builder of the project holds a licence as a builder under the New Home Construction Licensing Act, 2017 in respect of the project; (c) the fact that the vendor of the project holds a licence as a vendor under the New Home Construction Licensing Act, 2017 in respect of the project. 2015, c. 28, Sched. 1, s. 154 (7); 2020, c. 14, Sched. 5, s. 25 (1-3). Licensing conditions (2.1) At any time after the Registrar provides a confirmation described in subsection (1) to a licensee, the Registrar may notify the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 of conditions that the Registrar requests be attached to the licence of the licensee or, subject to subsection (2.2), that it requires be attached to the licence. 2020, c. 14, Sched. 5, s. 25 (4). Mandatory licensing conditions (2.2) In the prescribed circumstances, the Registrar may require the registrar appointed under section 35 of the New Home Construction Licensing Act, 2017 to attach conditions to the licence of the licensee if the Registrar determines it is necessary to do so. 2020, c. 14, Sched. 5, s. 25 (4). Prohibition (3) No person shall commence construction of a residential condominium conversion project unless the Registrar has provided the confirmation described in subsection (1). 2015, c. 28, Sched. 1, s. 154 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018 2020, c. 14, Sched. 5, s. 25 (1-4) - 01/02/2021
17.5 (1) The vendor of a residential condominium conversion project shall establish and maintain the pre-existing elements fund for the project in accordance with the prescribed requirements and shall not seek reimbursement of any portion of the funding from the owner or purchaser of a unit or proposed unit, from the corporation, as defined in subsection 1 (1) of the Condominium Act, 1998, in respect of the project or from another corporation. 2015, c. 28, Sched. 1, s. 154 (7). Use of fund (2) The pre-existing elements fund shall be, (a) held in accordance with the prescribed requirements; and (b) used and accounted for in accordance with the prescribed requirements. 2015, c. 28, Sched. 1, s. 154 (7). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 154 (7) - 01/01/2018 Owner-Builders
17.6 The prescribed provisions of this Act apply to an owner-builder in the prescribed circumstances, if any, subject to the conditions, if any, that are prescribed. 2020, c. 14, Sched. 5, s. 26. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 26 - 01/02/2021 Enforcement
18 (1) The Corporation shall appoint inspectors to conduct inspections for the purposes of this Act and as may be required by the regulations.  R.S.O. 1990, c. O.31, s. 18 (1); 2020, c. 14, Sched. 5, s. 27 (1). Power of entry (2) An inspector may, for the purpose of inspecting a home during its construction, enter in or upon and inspect the premises constituting the site of the construction at any time without a warrant.  R.S.O. 1990, c. O.31, s. 18 (2). Powers of inspector (3) Subject to the regulations, for the purposes of an inspection, the inspector may, (a) require the production of the drawings and specifications of a home or any part thereof, including any drawings prescribed by the regulations, for his or her inspection and may require information from any person concerning any matter related to a home or part thereof; (b) be accompanied by any person who has special or expert knowledge of any matter in relation to a home or part thereof; and (c) alone or in conjunction with such other person or persons possessing special or expert knowledge, make such examinations, tests, or inquiries as are necessary for the purposes of the inspection.  R.S.O. 1990, c. O.31, s. 18 (3); 2020, c. 14, Sched. 5, s. 27 (2). Reports to Minister (3.1) The Corporation shall report to the Minister respecting inspections under this Act in accordance with the regulations. 2020, c. 14, Sched. 5, s. 27 (3). Obstruction of inspectors (4) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or performance of a duty under this Act.  R.S.O. 1990, c. O.31, s. 18 (4). Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 27 (1-3) - 01/02/2021
19 (1) Where it appears to the Corporation that any vendor or builder does not comply with this Act or the regulations, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the Corporation may apply to the Superior Court of Justice for an order directing such person to comply with such provision and, upon the application, the court may make the order or such other order as the court thinks fit.  R.S.O. 1990, c. O.31, s. 19 (1); 2000, c. 26, Sched. B, s. 15 (5). Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. O.31, s. 19 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 15 (5) - 06/12/2000 General
20 Any notice or document required by this Act to be served or given may be served or given personally or by registered mail addressed to the person to whom notice is to be given at the person’s last known address and, where notice is served or given by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom the notice is given establishes that the person, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the notice, or did not receive the notice until a later date.  R.S.O. 1990, c. O.31, s. 20.
21 The following statements are admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated in them for all purposes in any proceeding or prosecution, without the need for proving the office or signature of the Registrar, if the statements purport to be certified by the Registrar: 1. A statement as to the registration or non-registration of any person. 2. A statement as to the filing or non-filing of any document or material required or permitted to be filed with the Corporation. 3. A statement as to any other matter pertaining to a registration, non-registration, filing or non-filing of any person.  1998, c. 18, Sched. E, s. 189. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 189 - 18/12/1998
21.1 Subsections 17 (2) to (5) of the Not-for-Profit Corporations Act, 2010 do not apply to the Corporation with respect to corporate by-laws that are necessary to implement a Minister’s order made under this Act, whether the order was made before or after November 30, 2020. 2020, c. 14, Sched. 5, s. 28 (2); CTS 15 AU 22 - 3. Section Amendments with date in force (d/m/y) 2020, c. 14, Sched. 5, s. 28 (1) - 30/11/2020; 2020, c. 14, Sched. 5, s. 28 (2) - 19/10/2021 CTS 15 AU 22 - 3
22 (1) Every person is guilty of an offence who, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; (b) contravenes section 6, 10.1, 10.2 or 12 or subsection 18 (4); or (c) contravenes subsection 17.4 (3). 2015, c. 28, Sched. 1, s. 154 (10); 2020, c. 14, Sched. 5, s. 29. Directors and officers (2) Every director or officer of a corporation who knowingly concurs in an offence described in subsection (1) is guilty of an offence. 2015, c. 28, Sched. 1, s. 154 (10). Penalties (2.1) A person who is convicted of an offence under subsection (1) or (2) is liable to, (a) a fine of not more than $250,000, if the person is a corporation; or (b) a fine of not more than $50,000 or to imprisonment for a term of not more than two years less a day, or both, if the person is an individual. 2015, c. 28, Sched. 1, s. 154 (10). Limitations (3) A proceeding under clause (1) (a) shall not be commenced after the first anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Registrar.  1998, c. 19, s. 185 (3); 2015, c. 28, Sched. 1, s. 154 (11). Same (4) A proceeding under clause (1) (b) shall not be commenced after the second anniversary of the day on which the facts that gave rise to the offence were discovered.  1998, c. 19, s. 185 (3). Same (5) A proceeding under clause (1) (c) shall not be commenced after the second anniversary of the day on which the facts upon which the proceeding is based first came to the knowledge of the Registrar. 2015, c. 28, Sched. 1, s. 154 (12). Section Amendments with date in force (d/m/y) 1998, c. 19, s. 185 (3) - 05/05/2001 2015, c. 28, Sched. 1, s. 154 (10, 12) - 01/01/2018; 2015, c. 28, Sched. 1, s. 154 (11) - 01/11/2017 2020, c. 14, Sched. 5, s. 29 - 01/02/2021