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O. Reg. 9/09: ADMINISTRATION OF THE PLAN

filed January 16, 2009 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31

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ontario regulation 9/09

made under the

ontario new home warranties plan act

Made: January 9, 2009
Filed: January 16, 2009
Published on e-Laws: January 20, 2009
Printed in The Ontario Gazette: January 31, 2009

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

(Administration of the Plan)

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

“initial claim period” means the following period with respect to a warranty claim with respect to a home:

1. The 30-day period beginning immediately after the date of possession, if the home has a date of possession on or after October 1, 2003 and before September 1, 2005.

2. The 31-day period beginning immediately after the date of possession, if the home has a date of possession on or after September 1, 2005; (“période de réclamation initiale”)

“major structural defect claim period” means the period beginning immediately after the date of possession and ending on the seventh anniversary of the date of possession; (“période de réclamation pour vice de construction important”)

“second-year claim period” means the period beginning immediately after the first anniversary of the date of possession and ending on the second anniversary of the date of possession; (“période de réclamation de deuxième année”)

“warranty claim” means a claim for breach of a warranty under subsection 14 (3) of the Act; (“réclamation au titre de la garantie”)

“warranty period”, for a warranty described in subsection 13 (1) of the Act, means the period beginning on the date on which the warranty takes effect under subsection 13 (3) of the Act and ending on the date that the warranty expires; (“période de garantie”) 

“year-end claim period” means the following period with respect to a warranty claim with respect to a home:

1. The 30-day period ending on the first anniversary of the date of possession, if the home has a date of possession on or after October 1, 2003 and before September 1, 2005.

2. The 31-day period ending on the first anniversary of the date of possession, if the home has a date of possession on or after September 1, 2005; (“période de réclamation de fin d’année”)

2. (1) Subsection 4.1 (2) of the Regulation is revoked.

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

1. The initial claim period.

2. The year-end claim period.

3. (1) Subsections 4.2 (1), (2) and (3) of the Regulation are revoked and the following substituted:

Initial Claims

(1) In this section,

“initial claim form” means the form that the Corporation requires for a warranty claim that an owner submits to the Corporation during the initial claim period.

(2) In order to make a warranty claim during the initial claim period, the owner shall complete and submit to the Corporation an initial claim form.

(3) An owner may submit only one initial claim form for a home.

(2) Subsection 4.2 (4) of the Regulation is amended by striking out “one 30-day form” in the portion before clause (a) and substituting “one initial claim form”.

(3) Subsection 4.2 (5) of the Regulation is revoked and the following substituted:

(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 an initial claim form with respect to the home to the Corporation during the initial claim period, 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.

(4) The following provisions of the Regulation are amended by striking out “the 30-day form” wherever that expression appears and substituting in each case “the initial claim form”:

1. Subsection 4.2 (6).

2. Subsection 4.2 (7).

(5) Subsections 4.2 (8), (9) and (10) of the Regulation are revoked and the following substituted:

(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 an initial claim form to the Corporation with respect to the home during the initial claim period, the vendor shall have until the end of the 181st 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 initial claim form mentioned in subsection (8) by the end of the 151st day after the date of possession, the owner may request a conciliation by contacting the Corporation at any time from the 152nd day to the 181st 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 initial claim form that the vendor does not repair or resolve by the end of the 181st day after the date of possession.

(6) Subsection 4.2 (11) of the Regulation is amended by striking out “the 30-day form” and substituting “the initial claim form”.

4. The following provisions of the Regulation are amended by striking out “within the 30 days before the first anniversary of the date of possession” wherever that expression appears and substituting in each case “during the year-end claim period”:

1. The definition of “year-end form” in subsection 4.3 (1).

2. Subsection 4.3 (2).

3. Subsection 4.3 (4).

4. Subsection 4.3 (8).

5. (1) The following provisions of the Regulation are amended by striking out “during the second year of the warranty period” wherever that expression appears and substituting in each case “during the second-year claim period”:

1. The definition of “second-year form” in subsection 4.4 (1).

2. Subsection 4.4 (2).

(2) Subsection 4.4 (3) of the Regulation is amended by striking out “in the second year of the warranty period” and substituting “during the second-year claim period”.

6. Subsection 4.6 (2) of the Regulation is revoked and the following substituted:

(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 during the major structural defect claim period. 

7. Section 14 of the Regulation is revoked and the following substituted:

14. (1) Every vendor of a new home warrants to the owner that there will be no water penetration through the basement or foundation of the home.

(2) The warranty described in subsection (1) applies only in respect of claims made during a two-year warranty period ending on the second anniversary of the date of possession.

8. Subsection 15 (3) of the Regulation is revoked and the following substituted:

(3) The warranties described in subsection (2) apply only in respect of claims made during a two-year warranty period ending on the second anniversary of the date of possession, in respect of homes that were enrolled, or should have been enrolled, after December 31, 1990. 

9. Section 16 of the Regulation is revoked and the following substituted:

16. If a home was enrolled after December 31, 1990, the claim for damages because of a major structural defect may be made at any time during the major structural defect claim period. 

10. Clause 20 (b) of the Regulation is revoked and the following substituted:

(b) the claim is made by an owner during a one-year warranty period ending on the first anniversary of the date of possession.

11. 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: November 26, 2008.
Pris par les administrateurs le : 26 novembre 2008.

Date confirmed by the members in accordance with the Corporations Act: November 26, 2008.
Ratifié par les membres conformément à la Loi sur les personnes morales le : 26 novembre 2008.

Le secrétaire de la Société,

Alex W. MacFarlane

Corporate Secretary

Date certified: January 9, 2009.
Attesté le : 9 janvier 2009.

 

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