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ONTARIO regulation 142/02
made under the
Ontario new home
warranties plan act
Made: March 21, 2002
Filed: April 26, 2002
Printed in The Ontario Gazette: May 11, 2002
Amending Reg. 892 of R.R.O. 1990
(Administration of the Plan)
1. (1) The definition of “deposit receipt” in section 1 of Regulation 892 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
“deposit receipt” means a receipt executed by the Corporation, with provision for execution by the vendor and the purchaser, confirming to the purchaser the benefits of the Plan in respect of the purchase agreement; (“récépissé de dépôt”)
(2) The definition of “performance guarantee” in section 1 of the Regulation is revoked.
2. Section 2 of the Regulation is revoked and the following substituted:
Delivery of Documents
2. In connection with the sale or construction of a home, the requirements for the delivery of documents under the Plan are as follows:
1. In the case of a condominium project, promptly following the provision of the required security acceptable to the Corporation and the enrolment of the common elements of the condominium project, the Corporation shall, upon request by the registrant, deliver to the registrant a deposit receipt for every dwelling unit for which security was provided.
2. On the date of possession, the vendor shall deliver to the owner a combined certificate of completion and possession and warranty certificate.
3. In the case of a condominium project that qualifies for warranty coverage on the common elements under the Act, on or promptly following the date of registration of the condominium corporation, the vendor shall deliver to the condominium corporation a combined certificate of completion and possession and warranty certificate for the common elements.
3. (1) Subsection 3 (1) of the Regulation is amended by striking out “accepted by the owner” and substituting “not accepted by the owner”.
(2) Subsection 3 (2) of the Regulation is amended,
(a) by striking out “any condominium project” and substituting “a condominium project that qualifies for warranty coverage on the common elements under the Act”; and
(b) by striking out “accepted by the condominium corporation” and substituting “not accepted by the condominium corporation”.
4. Subsection 10 (2) of the Regulation is revoked and the following substituted:
(2) Every registrant shall apply for renewal of registration not less than 30 days before the date on which the registration expires, giving full particulars of any change in the facts set forth in the most recent application for registration or renewal of registration on record.
5. This Regulation comes into force on April 30, 2002.
Ontario New Home Warranty Program:
Al Libfeld
Chair
Michael Braid
Secretary
Confirmed by the members in accordance with the Corporations Act on March 21, 2002.
Michael Braid
Secretary
19/02