O. Reg. 483/05: ADMINISTRATION OF THE PLAN

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ontario regulation 483/05

made under the

ontario new home warranties plan act

Made: June 7, 2005
Filed: August 26, 2005
Printed in The Ontario Gazette: September 10, 2005

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

(Administration of the Plan)

1. The definition of “conciliation” in section 1 of Regulation 892 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“conciliation” means a process whereby the Corporation determines whether a disputed item listed on a notice of claim given to the Corporation under this Regulation, including section 4 or any of sections 4.2 to 4.6, is covered by a warranty and whether repairs or compensation are required; (“conciliation”)

2. (1) Subsection 4 (1) of the Regulation is amended by adding “in the format that the Corporation specifies” at the end.

(2) Subsection 4 (2) of the Regulation is amended by adding “or make available to” after “furnish”.

(3) Subsection 4 (3) of the Regulation is revoked.

3. (1) Subsection 4.1 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) Subsections 4 (1) and (2), this section and sections 4.2 to 4.6 apply, and subsections 4 (4), (5) and (6) do not apply, to all claims made in respect of homes with a date of possession on or after October 1, 2003, excluding,

. . . . .

(2) Paragraphs 1 and 2 of subsection 4.1 (3) of the Regulation are revoked and the following substituted:

1. The 30 days after the date of possession.

2. The 30 days before the first anniversary of the date of possession.

(3) Subsection 4.1 (4) of the Regulation is amended by striking out “or” at the end of clause (a) and by revoking clause (b) and substituting the following:

(b) the warranty claim involves items requiring seasonal repairs including air conditioning, items involving health and safety or items involving other extraordinary circumstances; or

(c) the specified times begin in, end in or span the period from December 24 of one year to January 1 of the following year, both inclusive.

(4) Subsection 4.1 (8) of the Regulation is revoked and the following substituted:

(8) Submission by regular mail is effective on,

(a) the post-mark date if the Corporation receives it within 10 days of the expiry of the period during which this section or any of sections 4.2 to 4.6 permit the submission; or

(b) the date that the Corporation receives it, otherwise.

4. (1) The definition of “30-day form” in subsection 4.2 (1) of the Regulation is revoked and the following substituted:

“30-day form” means the form that the Corporation requires for a warranty claim that an owner submits to the Corporation within 30 days after the date of possession.

(2) Subsection 4.2 (2) of the Regulation is amended by striking out “from the date of possession” and substituting “after the date of possession”.

(3) Subsections 4.2 (3) to (7) of the Regulation are revoked and the following substituted:

(3) An owner may submit only one 30-day form for a home.

(4) If the owner submits more than one 30-day form for a home, the only one of those forms that shall be effective for the purpose of the Act and the regulations shall be,

(a) the first form that the owner submits, if the home has a date of possession on or after October 1, 2003 and before September 1, 2005;

(b) the first form that the Corporation receives, if the home has a date of possession on or after September 1, 2005.

(5) Subject to subsection (6) and section 5.1, if a home has a date of possession on or after October 1, 2003 and before September 1, 2005 and if an owner submits a 30-day form with respect to the home to the Corporation within 30 days after the date of possession, the vendor shall have until the end of the 150th day after the date on which the Corporation receives the form to repair or resolve the claim items that are listed on the form and that are covered by a warranty.

(6) If the vendor does not repair or resolve all of the claim items listed on the 30-day form mentioned in subsection (5) by the end of the 120th day after the date on which the Corporation receives the form, the owner may request a conciliation by contacting the Corporation at any time from the 121st day to the 150th day, both inclusive, after the date on which the Corporation receives the form.

(7) If the owner does not request 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 30-day form that the vendor does not repair or resolve by the end of the 150th day after the date on which the Corporation receives the form.

(8) Subject to subsection (9) and section 5.1, if a home has a date of possession on or after September 1, 2005 and if an owner submits a 30-day form to the Corporation with respect to the home within 30 days after the date of possession, the vendor shall have until the end of the 180th day after the date of possession to repair or resolve the claim items that are listed on the form and that are covered by a warranty.

(9) If the vendor does not repair or resolve all of the claim items listed on the 30-day form mentioned in subsection (8) by the end of the 150th day after the date of possession, the owner may request a conciliation by contacting the Corporation at any time from the 151st day to the 180th day, both inclusive, after the date of possession.

(10) If the owner does not request conciliation under subsection (9) 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 30-day form that the vendor does not repair or resolve by the end of the 180th day after the date of possession.

(11) If the owner requests conciliation under subsection (6) or (7), 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 30-day form that are covered by warranty.

(12) 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) or (10) deems the owner to have withdrawn, if the warranty period applicable to the claim item has not expired before the date of resubmission.

5. Section 4.3 of the Regulation is revoked and the following substituted:

Year-End Claims

4.3 (1) In this section,

“year-end form” means the form that the Corporation requires for a warranty claim that an owner submits to the Corporation within the 30 days before the first anniversary of the date of possession.

(2) In order to make a warranty claim within the 30 days before the first anniversary of the date of possession, the owner shall complete and submit to the Corporation a year-end form.

(3) If the home has a date of possession on or after October 1, 2003 and before September 1, 2005 and if the owner submits more than one year-end form under subsection (2), the claim items listed on the last year-end form submitted to the Corporation for the home shall replace the claim items listed on all other year-end forms submitted for the home.

(4) Subject to subsection (5) and section 5.1, if a home has a date of possession on or after October 1, 2003 and before September 1, 2005 and if an owner submits a year-end form with respect to the home to the Corporation within the 30 days before the first anniversary of the date of possession, the vendor shall have until the end of the 150th day after the later of the date on which the Corporation receives the form and the day before the first anniversary of the date of possession to repair or resolve the claim items that are listed on the form and that are covered by a warranty.

(5) If the vendor does not repair or resolve all of the claim items listed on the year-end form mentioned in subsection (4) by the end of the 120th day after the later of the date on which the Corporation receives the form and the day before the first anniversary of the date of possession, the owner may request a conciliation by contacting the Corporation at any time from the 121st day to the 150th day, both inclusive, after the later of the date on which the Corporation receives the form and the day before the first anniversary of the date of possession.

(6) If the owner does not request conciliation under subsection (5) 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 year-end form that the vendor does not repair or resolve by the end of the 150th day after the later of the date on which the Corporation receives the form and the day before the first anniversary of the date of possession.

(7) If a home has a date of possession on or after September 1, 2005, an owner may submit only one year-end form for the home and only the first year-end form that the Corporation receives for the home shall be effective for the purpose of the Act and the regulations.

(8) Subject to subsection (9) and section 5.1, if a home has a date of possession on or after September 1, 2005 and if an owner submits a year-end form to the Corporation with respect to the home within the 30 days before the first anniversary of the date of possession, the vendor shall have until the end of the 150th day after the first anniversary of the date of possession to repair or resolve the claim items that are listed on the form and that are covered by a warranty.

(9) If the vendor does not repair or resolve all of the claim items listed on the year-end form mentioned in subsection (7) by the end of the 120th day after the first anniversary of the date of possession, the owner may request a conciliation by contacting the Corporation at any time from the 121st day to the 150th day, both inclusive, after the first anniversary of the date of possession.

(10) If the owner does not request conciliation under subsection (9) 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 year-end form that the vendor does not repair or resolve by the end of the 150th day after the first anniversary of the date of possession.

(11) If the owner requests conciliation under subsection (5) or (9), 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 year-end form that are covered by warranty.

(12) The owner may resubmit a warranty claim in accordance with section 4.4 or 4.6 for any claim item that subsection (6) or (10) deems the owner to have withdrawn, if the warranty period applicable to the claim item has not expired before the date of resubmission.

6. (1) The English version of the definition of “second-year form” in subsection 4.4 (1) of the Regulation is amended by striking out “a form” and substituting “the form”.

(2) Subsection 4.4 (3) of the Regulation is amended by striking out “until the 150th day” and substituting “until the end of the 150th day”.

(3) Section 4.4 of the Regulation is amended by adding the following subsections:

(5) If the owner does not request conciliation under subsection (4), 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 second-year form that the vendor does not repair or resolve by the end of the 150th day after the date on which the Corporation receives the form.

(6) If the owner requests conciliation under subsection (4), 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 second-year form that are covered by warranty.

(7) The owner may resubmit a warranty claim in accordance with this section or section 4.6 for any claim item that subsection (5) deems the owner to have withdrawn, if the warranty period applicable to the claim item has not expired before the date of resubmission.

7. Section 4.5 of the Regulation is revoked.

8. Section 4.6 of the Regulation is revoked and the following substituted:

4.6 (1) In this section,

“major structural defect form” means the form that the Corporation requires for a claim made under subsection 14 (4) of the Act for a home.

(2) In order to make a claim under subsection 14 (4) of the Act for a home, the owner shall complete and submit to the Corporation a major structural defect form.

(3) After receiving a major structural defect form for a home, the Corporation shall, within the time period specified in subsection (4),

(a) conduct an inspection of the home or an assessment of the claim items listed on the form, without doing an inspection of the home; and

(b) issue to the owner a report setting out the Corporation’s assessment of the claim items listed on the form.

(4)  For the purpose of subsection (3), the time period is,

(a) the 10 days after the Corporation receives the major structural defect form, if the home has a date of possession on or after October 1, 2003 and before September 1, 2005; or

(b) the 30 days after the Corporation receives the major structural defect form, if the home has a date of possession on or after September 1, 2005.

9. Subsection 5 (2) of the Regulation is revoked.

10. Subsection 5.1 (2) of the Regulation is amended by striking out “40th day” and substituting “60th day”.

11. This Regulation comes into force on September 1, 2005.

Made by:
Pris par :

Tarion Warranty Corporation:

Le président,

R. E. Wade

Chairman

Le secrétaire de la Société,

Alex W. MacFarlane

Corporate Secretary

Date made by the directors: June 7, 2005.
Pris par les administrateurs le :  7 juin 2005.

Date confirmed by the members in accordance with the Corporations Act: June 7, 2005.
Ratifié par les membres conformément à la Loi sur les personnes morales le : 7 juin 2005.

Le secrétaire de la Société,

Alex W. MacFarlane

Corporate Secretary

Date certified: August 25, 2005.
Attesté le : 25 août 2005.

 

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