O. Reg. 117/04: ADMINISTRATION OF THE PLAN

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ontario regulation 117/04

made under the

Ontario new home warranties plan act

Made: April 8, 2004
Filed: April 28, 2004
Printed in The Ontario Gazette: May 15, 2004

Amending Reg. 892 of R.R.O. 1990

(Administration of the Plan)

1. Section 4 of Regulation 892 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsections:

(5) Claims or conciliations for delayed closing or delayed occupancy made under section 17 for all homes with a date of possession on or after May 1, 2004 shall be made in accordance with the administrative procedures for delayed closing or delayed occupancy published by the Corporation.

(6) The fees payable by the vendor in connection with conciliations for delayed closing or delayed occupancy made under section 17 for all homes with a date of possession on or after May 1, 2004 are as set out in paragraph 6 of Schedule A. 

2. (1) Subsection 4.1 (1) of the Regulation is revoked and the following substituted:

(1) This section and sections 4.2 to 4.6 apply, and section 4 does not apply, to all claims made in respect of homes with a date of possession on or after October 1, 2003, excluding,

(a) claims made in respect of the common elements of a condominium project; and

(b) claims for delayed closing or delayed occupancy made under section 17 in respect of homes with a date of possession on or after May 1, 2004.

(2) Subsection 4.1 (7) of the Regulation is revoked and the following substituted:

(7) Submission by facsimile transmission is effective on the day sent, whether it is a business day or not.

3. Section 4.5 of the Regulation is amended by adding the following subsection:

(1.1) This section applies to warranty claims made under section 17 in respect of homes with a date of possession between October 1, 2003 and April 30, 2004, both inclusive.

4. Section 5 of the Regulation is amended by adding the following subsection:

(0.1)  Section 4 applies, and subsection 5 (2) and section 5.1 do not apply, to claims and conciliations for delayed closing or delayed occupancy made under section 17 for all homes with a date of possession on or after May 1, 2004.

5. Schedule A to the Regulation is amended by adding the following paragraph:

 

Delayed Occupancy Fees
6. (1)	In this paragraph,
	“Delayed Occupancy Administration Fee” means the fee payable by the vendor fixed by the Corporation for a request for conciliation of a claim made under section 17 for every home with a date of possession on or after May 1, 2004, in accordance with the Corporation’s administrative procedures;
	“Delayed Occupancy Re-assessment Fee” means the fee payable by the vendor fixed by the Corporation for re-assessment of a decision of the Corporation in respect of a claim made under section 17 for every home with a date of possession on or after May 1, 2004, in accordance with the Corporation’s administrative procedures.
(2)	This paragraph applies, and paragraph 5 of this Schedule does not apply, to all requests for conciliation of a claim made under section 17 for every home with a date of possession on or after May 1, 2004.
(3)	The Delayed Occupancy Administration Fee is:
	(a) for all homes with a date of possession between May 1, 2004 and December 31, 2004, both inclusive	600
	(b) for all homes with a date of possession between January 1, 2005 and December 31, 2005, both inclusive	1,200
	(c) for all homes with a date of possession on or after January 1, 2006.	600
(4)	Delayed Occupancy Re-assessment Fee, which is non-refundable, is	350

6. This Regulation comes into force on May 1, 2004.

 

Passed by the Directors on January 29, 2004 and April 8, 2004.

Adopté par les administrateurs le 29 janvier 2004 et le 8 avril 2004.

 

 

Ontario New Home Warranty Program:

Le président,

Al Libfeld

Chair

Le secrétaire,

Harry Herskowitz

Secretary

Confirmed by the members in accordance with the Corporations Act on January 29, 2004 and April 8, 2004.

Ratifié par les membres conformément à la Loi sur les personnes morales le 29 janvier 2004 et le 8 avril 2004.

 

 

Le secrétaire,

Harry Herskowitz

Secretary

 

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