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O. Reg. 33/05: Terms and Conditions of Registration of Builders and Vendors

filed February 11, 2005 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31

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ontario regulation 33/05

made under the

Ontario New home warranties plan act

Made: September 23, 2004
Filed: February 11, 2005
Printed in The Ontario Gazette: February 26, 2005

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

(Terms and Conditions of Registration of Builders and Vendors)

1. (1) Section 0.1 of Regulation 894 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“controlling principal”, in respect of a builder, means a person or combination of persons that either alone or together have a direct or indirect controlling interest in the builder. (“commettant contrôlant”)

(2) Section 0.1 of the Regulation is amended by adding the following subsection:

(2) A builder is associated with another builder if each of them has the same controlling principal.

2. (1) Paragraph 4 of section 1 of the Regulation is amended by adding at the end the following:

The Corporation may waive the obligation to indemnify and save harmless the Corporation and the insurers set out in this paragraph if,

i. the loss relates to a warranty claim under clause 13 (1) (a) or (b) of the Act or under section 14 or subsection 15 (2) of Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Act,

ii. the Corporation, under section 16 of the Act, has served a notice of a decision made under section 14 of the Act denying a claim for payment out of the guarantee fund,

iii. the registrant, and any associated builder, is in full compliance with the Act and the regulations and all agreements with the Corporation throughout the conciliation and appeal processes described in section 17 of the Act, and

iv. the registrant has fully and completely co-operated with the Corporation throughout the conciliation and appeal processes described in section 17 of the Act and has participated in the processes as required by the Corporation.

(2) The Addendum to paragraph 12 of section 1 of the Regulation is amended by striking out “ontario new home warranty program” in the title and substituting “tarion warranty corporation”.

(3) Clause 5 (viii) of the Addendum to paragraph 12 of section 1 of the Regulation is amended by striking out “Ontario New Home Warranty Program” wherever that term appears and substituting in each case “Tarion Warranty Corporation”.

(4) Section 6 of the Addendum to paragraph 12 of section 1 of the Regulation is amended by striking out “Ontario New Home Warranty Program” and substituting “Tarion Warranty Corporation”.

Passed by the Directors on September 23, 2004.
Adopté par les administrateurs le 23 septembre 2004.

Tarion Warranty Corporation:

Le président,

R.E. Wade

Chair

Le secrétaire,

Alex W. MacFarlane

Secretary

Confirmed by the members in accordance with the Corporations Act on September 23, 2004.
Ratifié par les membres conformément à la Loi sur les personnes morales le 23 septembre 2004.

Le secrétaire,

Alex W. MacFarlane

Secretary

 

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