O. Reg. 557/00: TERMS AND CONDITIONS OF REGISTRATION OF BUILDERS AND VENDORS

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ONTARIO regulation 557/00

made under the

Ontario new home warranties plan act

Made: September 21, 2000
Filed: October 6, 2000

Amending Reg. 894 of R.R.O. 1990

(Terms and Conditions of Registration of Builders and Vendors)

1. (1) The Addendum to paragraph 12 of section 1 of Regulation 894 of the Revised Regulations of Ontario, 1990 is amended by striking out at the beginning,

Ontario New Home Warranty Program

This Document Contains Important Information for the Consumer

Addendum to Agreement of Purchase and Sale

and substituting the following:

Ontario New Home Warranty Program — Sections 1 to 6

This Document Contains Important Information for the Consumer

Addendum to Agreement of Purchase and Sale — Sections 1 to 6

(2) Item 5 of the Addendum to paragraph 12 of section 1 of the Regulation is amended by adding the following subitems:

(vi) The Vendor may exclude extensions of the closing date reasonably required as a result of a strike, a fire, a flood, an act of God or a civil insurrection (an “Event”) when calculating the 120 days referred to in 5 (i) and (iii) only if the Vendor delivers the notices described in 5 (vii) to the Purchaser.

(vii) If an extension of the closing date referred to in 5 (i) or (iii) above is reasonably required as a result of an Event, then the Vendor shall provide the following notices to the Purchaser:

(A) As soon as reasonably possible but not later than 20 days after the Vendor knows or ought reasonably to have known that the Event has commenced, the Vendor shall provide written notice to the Purchaser setting out a brief description of the Event and an estimate, if available, of the possible length of extension that may be required as a result of the Event; and

(B) As soon as reasonably possible but not later than 20 days after the conclusion of the Event, the Vendor shall provide written notice to the Purchaser setting out a brief description of the particular Event that was the cause of the extension, the number of days by which the closing date is extended as a consequence of the Event, and the new closing date now in effect as a result of the Event.

(viii) If an Event occurs and the closing date is reasonably required to be extended as a result of the Event, but the Vendor has failed to provide the notices described in 5 (vii), then the Purchaser shall have the option of sending written notice to both the Ontario New Home Warranty Program and the Vendor. The notice shall contain a request for a formal extension of the closing date to accommodate the delay in completing the dwelling caused by the Event.  The Purchaser shall send the notice no later than 40 days after the conclusion of the Event.  Following receipt of the notice, the Ontario New Home Warranty Program shall determine the length of a reasonable extension period that the Vendor ought reasonably to have implemented, and shall confirm its determination by notice in writing to both the Vendor and the Purchaser.  The extension period as so determined shall be deemed to be excluded from the calculation of the 120 days referred to in 5 (i) and (iii) above, and the Agreement shall be deemed to be extended accordingly.

(ix) 5 (vi), (vii) and (viii) apply to all Agreements entered into on or after November 1, 2000.

(3) The Addendum to paragraph 12 of section 1 of the Regulation is amended by adding the following item:

6. For further information about anything contained in this Addendum or about the warranties available to purchasers under the Ontario New Home Warranties Plan Act, please contact your lawyer and the Ontario New Home Warranty Program, toll free, at 1-888-463-6466 during regular business hours, Monday through Friday.

2. This Regulation comes into force on November 1, 2000.

Passed by the Directors on September 21, 2000.

Ontario New Home Warranty Program:

Al Libfeld

Chair

Michael Braid

Secretary

Confirmed by the members in accordance with the Corporations Act on September 21, 2000.

 

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