O. Reg. 166/08: ADMINISTRATION OF THE PLAN

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ontario regulation 166/08

made under the

ontario new home warranties plan act

Made: May 8, 2008
Filed: June 2, 2008
Published on e-Laws: June 3, 2008
Printed in The Ontario Gazette: June 21, 2008

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

(Administration of the Plan)

1. The following provisions of Regulation 892 of the Revised Regulations of Ontario, 1990 are amended by striking out “section 17” wherever that expression appears and substituting in each case “Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act”:

1. Subsection 4 (5).

2. Subsection 4 (6).

3. Clause 4.1 (1) (b).

4. Subsection 5 (0.1).

2. Section 17 of the Regulation is revoked.

3. Section 19.1 of the Regulation is revoked.

4. Section 20 of the Regulation is amended by striking out “subsection 17 (1)” in the portion before clause (a).

5. Section 21 of the Regulation is revoked and the following substituted:

21. (1) Subject to subsections (2) and (3), for the purposes of section 18, written notice may be given personally or sent by electronic mail, fax, courier or registered mail to the purchaser at the address or contact numbers specified in the purchase agreement or at any replacement address or contact numbers supplied in accordance with the purchase agreement.

(2) Written notice under section 18 shall not be sent by registered mail if there is a postal stoppage or interruption at the time the notice is sent.

(3) If written notice under section 18 is sent by registered mail within five days before a postal stoppage or interruption commences or during such a stoppage or interruption, the sending of the notice shall not be effective.

(4) Written notice given or sent in accordance with this section is deemed to have been given and received,

(a) on the day of delivery or sending, if the notice was given personally or sent by electronic mail or fax and that day is a business day;

(b) on the next business day after the day of delivery or sending, if the notice was given personally or sent by electronic mail or fax and the day of delivery or sending is not a business day;

(c) on the second business day after the day of sending, if sent by courier; and

(d) subject to subsection (3), on the fifth business day after the day of sending, if sent by registered mail.

6. Section 22 of the Regulation is revoked.

7. Subsections 23 (1) and (2) of the Regulation are revoked.

8. Section 24 of the Regulation is revoked.

9. Paragraph 6 of Schedule A to the Regulation is revoked and the following substituted:

 

Delayed Closing and Delayed Occupancy Fees
6. (1)	This paragraph applies to claims for compensation made under section 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act for delayed closing or delayed occupancy.
(2)	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 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act, 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 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act, for every home with a date of possession on or after May 1, 2004, in accordance with the Corporation’s administrative procedures.
(3)	This paragraph applies, and paragraph 5 of this Schedule does not apply, to all requests for conciliation of a claim made under section 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act, for every home with a date of possession on or after May 1, 2004.
(4)	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
(5)	Delayed Occupancy Re-assessment Fee, which is non-refundable, is	350
7. (1)	This paragraph applies to claims for compensation made under section 5 or 6 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act for delayed closing or delayed occupancy.
(2)	In this paragraph,
	“Delayed Closing or Occupancy Administration Fee” means the fee payable by the vendor fixed by the Corporation in respect of a claim for compensation made under section 5 or 6 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act if a conciliation is needed to settle the claim and if the Corporation pays any part of the claim.
(3)	The Delayed Closing or Occupancy Administration Fee is	500

10. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Tarion Warranty Corporation:

Le président,

Harry Herskowitz

Chairman

Le secrétaire de la Société,

Alex W. MacFarlane

Corporate Secretary

Date made by the directors: May 8, 2008.
Pris par les administrateurs le : 8 mai 2008.

Date confirmed by the members in accordance with the Corporations Act: May 8, 2008.
Ratifié par les membres conformément à la Loi sur les personnes morales le : 8 mai 2008.

Le secrétaire de la Société,

Alex W. MacFarlane

Corporate Secretary

Date certified: May 29, 2008.
Attesté le : 29 mai 2008.

 

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