O. Reg. 630/20: TRANSITIONAL MATTERS

New Home Construction Licensing Act, 2017

ONTARIO REGULATION 630/20

TRANSITIONAL MATTERS

Historical version for the period November 6, 2020 to January 31, 2021.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on February 1, 2021, the day subsection 2 (1) of Schedule 1 to the Strengthening Protection for Ontario Consumers Act, 2017 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Complaints

1. (1) A complaint that was filed with the warranty authority before the day this section comes into force that has not been closed and that relates to a matter governed by the Act shall be deemed to be a complaint filed with the regulatory authority.

(2) A complaint that relates to a matter governed by the Act that has been closed by the warranty authority cannot be reopened on or after the day this section comes into force unless new information that is relevant to the complaint is provided to the regulatory authority on or after that day.

(3) A complaint reopened under subsection (2) shall be reopened as a complaint filed with the regulatory authority.

Terms and conditions

2. (1) Every term and condition that was attached to a registration under the Ontario New Home Warranties Plan Act immediately before the day this section comes into force and that relates to licensing is deemed to be a condition for the purposes of section 39 of the New Home Construction Licensing Act, 2017 in respect of the licence that was previously the registration, before the operation of subsection 86 or 86.1 of the Act.

(2) For clarity, a term or condition to which subsection (1) applies may also be deemed to be a condition for the purposes of clause 10.3 (5) (b) of the Ontario New Home Warranties Plan Act.

Investigations

3. (1) If an investigation is ongoing on the day this section comes into force and is with respect to a potential offence relating to registration under the Ontario New Home Warranties Plan Act, the investigation shall be continued in accordance with the following rules:

1. If the potential offence is continuing on the day this section comes into force, the investigation shall be continued by an investigator as an investigation under Part V of the New Home Construction Licensing Act, 2017 with respect to a potential offence relating to licensing.

2. If the potential offence is not continuing on the day this section comes into force, the investigation shall be continued by an investigator as an investigation with respect to a potential offence relating to registration under the Ontario New Home Warranties Plan Act.

(2) The regulatory authority and the warranty authority shall make a determination as to whether the potential offence referred to in subsection (1) relates to registration and if it is determined that it does not, the investigation shall be continued by the warranty authority under the Ontario New Home Warranties Plan Act.

Proceedings

4. The following proceedings are prescribed for the purpose of section 86.3 of the Act:

1. A proceeding under Part III of the Provincial Offences Act with respect to an offence related to a registration under the Ontario New Home Warranties Plan Act.

2. A proceeding before the Tribunal with respect to a registration under the Ontario New Home Warranties Plan Act.

Tribunal orders, reports

5. (1) If the Tribunal has made an order with respect to a registration under the Ontario New Home Warranties Plan Act and the order is in effect on the day this section comes into force, the order is deemed to be an order of the Tribunal made under the New Home Construction Licensing Act, 2017 with respect to the licence that was previously the registration before the operation of subsection 86 or 86.1 of the Act.

(2) If an order to which subsection (1) applies contained, or was accompanied by, a report, the report is continued with respect to the order.

6. Omitted (provides for coming into force of provisions of this Regulation).