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O. Reg. 172/09: ADMINISTRATION OF THE PLAN

filed April 30, 2009 under Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31

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ontario regulation 172/09

made under the

ontario new home warranties plan act

Made: February 12, 2009
Filed: April 30, 2009
Published on e-Laws: May 4, 2009
Printed in The Ontario Gazette: May 16, 2009

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

(Administration of the Plan)

1. Paragraph 6 of section 2 of Regulation 892 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

6. Within 15 days from the date of possession of each home sold by a vendor, the vendor shall submit to the Corporation the completed and signed certificate of completion and possession form mentioned in paragraph 5.

7. Upon the request of the owner or the Corporation, the vendor shall provide to the owner and the Corporation a completed and signed copy of the pre-delivery inspection form mentioned in paragraph 5.

2. Subsection 4 (6) of the Regulation is amended by striking out “paragraph 6 of”.

3. Subsection 5 (4) of the Regulation is revoked and the following substituted:

(4) If the Corporation determines that the conciliation reveals one or more defects that is covered by a warranty, the Corporation shall refund to the owner the conciliation fee paid by the owner.

(5) If the Corporation determines that the conciliation should not be chargeable to the vendor, the Corporation shall refund to the vendor the conciliation fee paid by the vendor.

4. Subsection 9 (4) of the Regulation is revoked and the following substituted:

(4) With each application for registration under the Plan, the applicant shall pay to the Corporation the applicable registration fee set out in Schedule A.

(4.1) If the applicant proposes to enter into a deposit trust agreement to fulfil the obligation to provide security to the Corporation as required by subparagraph 10.1 i of section 1 of Regulation 894 of the Revised Regulations of Ontario, 1990 (Terms and Conditions of Registration of Builders and Vendors) made under the Act, the applicant shall pay to the Corporation the fee set out in Schedule A with respect to the deposit trust agreement.

5. (1) Section 10 of the Regulation is amended by adding the following subsection:

(2.1) The Registrar may permit an applicant to apply for renewal of registration after the time specified in subsection (2) if the Registrar determines that doing so would not be contrary to the public interest and that the applicant would be entitled to registration under section 7 of the Act if the applicant were applying for registration.

(2) Subsection 10 (4) of the Regulation is revoked and the following substituted:

(4) With each application for renewal of registration under the Plan, the applicant shall pay to the Corporation the renewal fee set out in Schedule A.

6. Schedule A to the Regulation is revoked and the following substituted:

SCHEDULE A

Registration Fees

Amounts in Canadian $

1. (1)

In this paragraph:

 

 

“control” with respect to a person, means the power to direct or significantly influence, either directly or indirectly, the management, policies, or business affairs of the person, whether through the holding of voting interests, or otherwise, as determined by the Registrar; (“contrôle”)

 

 

“re-seller vendor” means a vendor selling a home who is not the original vendor of the home; (“revendeur”)

 

 

“umbrella vendor or builder” means a vendor or builder that controls or is controlled by one or more other vendors or builders. (“groupe vendeur ou constructeur”)

 

(2)

The fee for registration of a vendor or builder who is not an umbrella vendor or builder or a re-seller vendor is

2,500

(3)

The fee for registration of a vendor or builder who is an umbrella vendor or builder is

600

(4)

The fee for registration of a vendor who is a re-seller vendor and not an umbrella vendor or builder is

350

(5)

The fee payable by a vendor for each deposit trust agreement that the vendor enters into is

500

Renewal of Registration Fees

 

2. (1)

In this paragraph:

 

 

“fast track renewal of registration” means the renewal of the registration of a vendor or builder if the Registrar determines that it is possible to determine the entitlement of the applicant to the renewal under subsection 7 (1) of the Act on an expedited basis; (“renouvellement rapide de l’inscription”)

 

 

“regular renewal of registration” means the renewal of the registration of a vendor or builder that is not a fast track renewal of registration. (“renouvellement ordinaire de l’inscription”)

 

(2)

The fee for a regular renewal of registration is

500

(3)

The fee for a fast track renewal of registration is

300

(4)

If the application for the renewal is made after the time specified in subsection 10 (2) of this Regulation and the Registrar permits the application under subsection 10 (2.1) of this Regulation, the fee for the renewal of registration, in addition to the fee chargeable under subparagraph (2) or (3), is

500

Enrolment and Re-enrolment Fee

 

3. (1)

The enrolment fee for every home of a type referred to in clauses (a), (b) and (c) of the definition of “home” in section 1 of the Act is as follows:

 

 

Sale Price of the Home

Fee

 

$100,000 or less

385

 

over $100,000 up to and including $150,000

430

 

over $150,000 up to and including $200,000

500

 

over $200,000 up to and including $250,000

570

 

over $250,000 up to and including $300,000

640

 

over $300,000 up to and including $350,000

710

 

over $350,000 up to and including $400,000

780

 

over $400,000 up to and including $450,000

850

 

over $450,000 up to and including $500,000

920

 

over $500,000 up to and including $550,000

1,000

 

over $550,000 up to and including $600,000

1,050

 

over $600,000 up to and including $650,000

1,100

 

over $650,000 up to and including $700,000

1,150

 

over $700,000 up to and including $750,000

1,200

 

over $750,000 up to and including $800,000

1,250

 

over $800,000 up to and including $850,000

1,300

 

over $850,000 up to and including $900,000

1,350

 

over $900,000 up to and including $950,000

1,400

 

over $950,000 up to and including $1,000,000

1,450

 

greater than $1,000,000

1,500

(2)

The sale price of a home referred to in subparagraph (1) is the total value of consideration, directly or indirectly payable by an owner in an agreement of purchase and sale or construction contract, excluding any applicable taxes.

 

(3)

The re-enrolment fee per home is

50

Enrolment Notice Penalty

 

4.

The penalty for failure to comply with subsection 8.1 (3) of this Regulation is

250

Conciliation Fees

 

5.

The fee payable by an owner for a conciliation of a dispute is,

 

 

(a) if the request for conciliation is made before July 1, 2009

50

 

(b) if the request for conciliation is made on or after July 1, 2009

250

6.

The fee payable by a vendor for a conciliation of a dispute is,

 

 

(a) if the request for conciliation is made before July 1, 2009,

 

 

(i) for the first conciliation with respect to each 25 units or fewer sold by the vendor

no fee

 

(ii) for each conciliation after the first conciliation with respect to each 25 units or fewer sold by the vendor

550

 

(b) if the request for conciliation is made on or after July 1, 2009

1,000

Delayed Closing and Delayed Occupancy Fees

7. (1)

This paragraph applies to claims for compensation made under section 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act for delayed closing or delayed occupancy.

 

(2)

In this paragraph,

 

 

“delayed occupancy administration fee” means the fee payable by the vendor fixed by the Corporation for a request for conciliation of a claim made under section 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act, for every home with a date of possession on or after May 1, 2004, in accordance with the Corporation’s administrative procedures; (“droits en cas de retard d’occupation”)

 

 

“delayed occupancy re-assessment fee” means the fee payable by the vendor fixed by the Corporation for re-assessment of a decision of the Corporation in respect of a claim made under section 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act, for every home with a date of possession on or after May 1, 2004, in accordance with the Corporation’s administrative procedures. (“droits de réexamen en cas de retard d’occupation”)

 

(3)

This paragraph applies, and paragraph 6 of this Schedule does not apply, to all requests for conciliation of a claim made under section 2 or 3 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act, for every home with a date of possession on or after May 1, 2004.

 

(4)

The delayed occupancy administration fee is,

 

 

(a) for all homes with a date of possession between May 1, 2004 and December 31, 2004, both inclusive

600

 

(b) for all homes with a date of possession between January 1, 2005 and December 31, 2005, both inclusive

1,200

 

(c) for all homes with a date of possession on or after January 1, 2006

600

(5)

The delayed occupancy re-assessment fee, which is non-refundable, is

350

8. (1)

This paragraph applies to claims for compensation made under section 5 or 6 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act for delayed closing or delayed occupancy.

 

(2)

In this paragraph,

 

 

“delayed closing or occupancy administration fee” means the fee payable by the vendor fixed by the Corporation in respect of a claim for compensation made under section 5 or 6 of Ontario Regulation 165/08 (Warranty for Delayed Closing or Delayed Occupancy) made under the Act if a conciliation is needed to settle the claim and if the Corporation pays any part of the claim.

 

(3)

The delayed closing or occupancy administration fee is

500

7. This Regulation comes into force on the later of May 1, 2009 and the day this Regulation 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: February 12, 2009.
Pris par les administrateurs le : 12 février 2009.

Date confirmed by the members in accordance with the Corporations Act: February 12, 2009.
Ratifié par les membres conformément à la Loi sur les personnes morales le : 12 février 2009.

Le secrétaire de la Société,

Alex W. MacFarlane

Corporate Secretary

Date certified: April 30, 2009.
Attesté le : 30 avril 2009.

 

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