4.2 (1) In this section, “initial claim form” means the form that the Corporation requires for a warranty claim that an owner submits to the Corporation during the initial claim period and includes a form that is consolidated under subsection (4); (“formule de réclamation initiale”) “initial claim period” means, with respect to a warranty claim with respect to a home, the 31-day period beginning immediately after the date of possession, if the home has a date of possession on or after September 1, 2005. (“période de réclamation initiale”) O. Reg. 478/20, s. 3; O. Reg. 118/23, s. 3 (1). (1.1) This section applies with respect to homes, excluding the common elements of a condominium project, with a date of possession that is before May 1, 2024. O. Reg. 118/23, s. 3 (2). (2) In order to make an initial claim, the owner shall complete and submit to the Corporation an initial claim form. O. Reg. 478/20, s. 3. (3) An owner may submit one or more initial claim forms for a home or amend an initial claim form for a home during the initial claim period or during the following grace period. O. Reg. 478/20, s. 3. (4) If the owner submits more than one initial claim form for a home, or amends an initial claim form, then the Corporation shall consolidate the claims after the grace period following the initial claim period. O. Reg. 478/20, s. 3. (5) If an owner submits one or more initial claim forms to the Corporation as described in subsection (3), the vendor shall have until the end of the 120th day after the grace period described in subsection (3) to repair or resolve the claim items listed on the form or forms that are covered by a warranty. O. Reg. 478/20, s. 3. (6) If the vendor does not repair or resolve all of the claim items listed on the initial claim form by the end of the 120-day repair period provided for in subsection (5), the owner may request a conciliation by contacting the Corporation at any time during the period that begins immediately following the 120-day repair period and that ends after 30 days plus a grace period. O. Reg. 478/20, s. 3. (7) If the owner does not request a conciliation under subsection (6) or if the owner cancels the conciliation requested under that subsection, the owner shall be deemed to have withdrawn all claim items listed on the initial claim form that the vendor does not repair or resolve by the end of the 120-day repair period. O. Reg. 478/20, s. 3. (8) If the owner requests a conciliation under subsection (6), the vendor shall have 30 days after the date of the owner’s request to repair or resolve all of the claim items listed on the initial claim form that are covered by a warranty. O. Reg. 478/20, s. 3. (9) The owner may resubmit a warranty claim in accordance with section 4.3, 4.4 or 4.6 for any claim item that subsection (7) deems the owner to have withdrawn, if the warranty period applicable to the claim item has not expired before the date of resubmission. O. Reg. 478/20, s. 3. (10) Subject to subsection (11), 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 an initial claim 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. 478/20, s. 3; O. Reg. 118/23, s. 1. (11) Subsection (10) 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. 478/20, s. 3. (12) An owner who does not comply with subsection (10) 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. 478/20, s. 3. Year-End Claims (Date of Possession Before May 1, 2024)