O. Reg. 348/08: ADMINISTRATION OF THE PLAN
filed October 1, 2008 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31
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made under the
onTario new home warranties plan act
Made: May 8, 2008
Filed: October 1, 2008
Published on e-Laws: October 2, 2008
Printed in The Ontario Gazette: October 18, 2008
Amending Reg. 892 of R.R.O. 1990
(Administration of the Plan)
1. Regulation 892 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:
8.1 (1) In this section,
“condominium home” means a home of a type described in clause (c) of the definition of “home” in section 1 of the Act; (“logement condominial”)
“freehold home” means a home of a type described in clause (a) or (b) of the definition of “home” in section 1 of the Act. (“logement franc”)
(2) After a builder or the trustee in bankruptcy for a builder enrols a home in the Plan under section 8 on or after October 1, 2008, the Registrar shall issue an enrolment notice in a form approved by the Registrar to the person enrolling the home.
(3) Upon receiving the enrolment notice, the person who enrolled the home in the Plan shall make the notice available to the public until the following time by displaying it in a conspicuous place on the property of the home in respect of which it was issued or by making it available for review at the property in accordance with guidelines issued by the Registrar:
1. In the case of a contracted home, at least until construction of the home is substantially complete.
2. In the case of a freehold home that is subject to a purchase agreement, at least until 10 days before title to the home is transferred to the purchaser under the agreement.
3. In the case of a condominium home that is subject to a purchase agreement, at least until 10 days before the vendor gives occupancy of the home to the purchaser under the agreement.
(4) If the person who enrolled the home in the Plan does not comply with subsection (3), the Registrar may, in addition to any right the Registrar has, require the person to pay to the Corporation the penalty set out in Schedule A.
2. Schedule A to the Regulation is amended by adding the following paragraph:
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Enrolment Notice Penalty |
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3.1 |
The penalty for failure to comply with subsection 8.1 (3) is |
250 |
3. This Regulation comes into force on the later of October 1, 2008 and 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: September 29, 2008.
Attesté le 29 septembre 2008.