4.5.1 (1) This section applies with respect to homes, excluding the common elements of a condominium project, with a date of possession that is on or after May 1, 2024. O. Reg. 118/23, s. 6. (2) In order to make a warranty claim during the second-year claim period, the owner shall complete and submit to the Corporation a second-year form. O. Reg. 118/23, s. 6. (3) If the owner submits a second-year form to the Corporation during the second-year claim period, (a) the Corporation shall advise the vendor that the form has been received and provide a copy of the form to the vendor; and (b) the vendor shall have until the end of the 120th day after the date on which the vendor receives the form to repair or resolve the claim items that are listed on the form and that are covered by a warranty. O. Reg. 118/23, s. 6. (4) If the vendor does not repair or resolve all the claim items listed on the second-year form by the 120th day after the date on which the vendor was advised by the Corporation of the receipt of the form, the owner may request a conciliation by contacting the Corporation at any time during the period beginning on the 121st day and ending on the 160th day after the date on which the vendor was advised by the Corporation of the receipt of the form. O. Reg. 118/23, s. 6. (5) If the owner requests a conciliation in accordance with subsection (4), the vendor shall have an additional 30 days after the date of the owner’s request to repair or resolve the claim items listed on the second-year form that are covered by a warranty. O. Reg. 118/23, s. 6. (6) The Corporation shall not conduct a conciliation inspection as part of a conciliation requested in accordance with subsection (4) until the 30-day period referred to in subsection (5) has expired. O. Reg. 118/23, s. 6. (7) If the owner does not request a conciliation in accordance with subsection (4) or if the owner cancels the conciliation requested in accordance with that subsection, the owner is deemed to have withdrawn all claim items listed on the second-year form. O. Reg. 118/23, s. 6. (8) If the owner is deemed to have withdrawn any claim items listed on the second-year form under subsection (7), the owner may resubmit the items in accordance with this section or section 4.6, provided that, (a) the warranty period applicable to the claim item has not expired before the date of resubmission; and (b) the item has not already been assessed and that assessment communicated in a conciliation assessment report. O. Reg. 118/23, s. 6. (9) Subject to subsection (10), an owner who is the owner of a unit in a residential condominium conversion project and who receives money from the pre-existing elements fund shall, before spending any of the money on the pre-existing elements of the unit in accordance with the expected major repair schedule for the project during the initial period, (a) if so spending the money could be the subject of a claim under subsection 14 (3) of the Act, make a claim on a second-year form in respect of the pre-existing elements of the unit and comply with the process specified in this Regulation for making the claim; and (b) give the vendor in relation to the project and the Corporation the opportunity to inspect the condition of the pre-existing elements of the unit that are the subject of the claim before any work is done on them. O. Reg. 118/23, s. 6. (10) Subsection (9) does not apply to major repairs to pre-existing elements that are not covered by the warranty described in subclause 13 (1) (a) (i) of the Act by virtue of subsection 17.2 (2) of the Act. O. Reg. 118/23, s. 6. (11) An owner who does not comply with subsection (8) shall be deemed to have waived any right to make a warranty claim or to receive compensation from the guarantee fund in respect of the pre-existing elements of the unit. O. Reg. 118/23, s. 6. Major Structural Defect Claims — Years 3 through 7