Appendix B - Glossary

Administrative authority

In Ontario, administrative authorities (AAs) are not-for-profit corporations that operate at arm’s length from the government. These self-funded entities assume financial, operational, and legal responsibility for administering legislation, which includes delivering day-to-day delegated services such as registration or licensing, inspection, enforcement, and fee setting. AAs are governed by independent boards of directors and are self-financed from fees collected from regulated professionals and businesses.

Some administrative authorities are responsible for administering a compensation fund. Consumers can file a claim with the AA to receive compensation from the fund. However, if a consumer disagrees with the outcome of a claim, they can appeal to the Licence Appeal Tribunal (LAT), an adjudicative tribunal that receives appeals, conducts hearings, resolves disputes, and makes decisions on a wide variety of matters.

The government oversees AAs and is responsible for the legislation and regulations that are administered and enforced by the AAs.

Builder

A person who undertakes the performance of all the work and supply of all the materials necessary to construct a completed home or a project (relation to a residential condominium conversion project), whether for the purpose of sale by the person or under a contract with a vendor or owner.

Chargeable conciliation

A consequence to the builder if Tarion decides that a conciliation inspection could have been avoided had the builder honoured his/her warranty obligations within the builder repair period and if there is no exception to chargeability as outlined in Builder Bulletin 20 under Exceptions to Chargeability.

Conciliation

A process whereby Tarion determines whether a disputed item listed on a claim given to Tarion is covered by a warranty and whether repairs or compensation are required.

Major Structural Defect

A structural load-bearing element of a building or a defect in work and material that materially and adversely affects the use of a significant portion of the home for usual and ordinary purposes.

Building Code

The Building Code is a regulation under Building Code Act, 1992, and is administered by the Ministry of Municipal Affairs. The Building Code regulates new construction (including renovation) including fire safety, accessibility, energy efficiency, and other building systems, Municipalities and other principal authorities enforce the Building Code through reviewing and issuing building permits and inspections during construction by local building officials.

Vendor

A person who, on the person‟s own behalf, sells a home not previously occupied to an owner and includes a builder, who acts as such under a contract with the owner.