Home Inspection Act, 2017, S.O. 2017, c. 5, Sched. 1

• Jurisdiction: Ontario

Home Inspection Act, 2017

S.o. 2017, chapter 5
Schedule 1

Consolidation Period: From March 6, 2024 to the e-Laws currency date.

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor.

Last amendment: 2024, c. 2, Sched. 1, s. 19.

CONTENTS

PART I
INTERPRETATION and Application

Interpretation

1 (1) In this Act,

“administrative agreement” means the agreement described in subsection 4 (1); (“accord d’application”)

“administrative authority” means the corporation that the Lieutenant Governor in Council has designated as such under subsection 3 (1); (“organisme d’application”)

“client” means a person who enters into a contract to receive a home inspection; (“client”)

“delegated provisions” means the provisions of this Act and the regulations for which the administration is delegated to the administrative authority under subsection 3 (2); (“dispositions déléguées”)

“employ” means to employ, appoint, authorize or otherwise arrange to have another person act on one’s behalf, including as an independent contractor; (“employer”)

“equity share” means, in respect of a corporation, a share of a class or series of shares of a corporation that carries a voting right either under all circumstances or under circumstances that have occurred and are continuing; (“action participante”)

“home inspection” means the service of providing an opinion as to the condition of a dwelling or residential property based on a non-invasive evaluation of any of the features and components of the dwelling or property that are prescribed but does not include an activity excluded by the regulations; (“inspection immobilière”)

“home inspection provider” means a person who offers or holds oneself out as being available to arrange or contract for a home inspection to be performed; (“fournisseur de services d’inspection immobilière”)

“home inspector” means an individual who meets the prescribed requirements to be licensed as a home inspector under this Act; (“inspecteur immobilier”)

“investigator” means an investigator appointed under subsection 61 (1); (“enquêteur”)

“licensee” means a home inspection provider or home inspector who is licensed under this Act; (“titulaire de permis”, see also “agréé”)

“Minister” means the Minister of Government and Consumer Services or any other member of the Executive Council to whom the responsibility for the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“officer” includes,

(a) the chair and any vice-chair of the board of directors, the president and any vice-president, the secretary and assistant secretary, the treasurer and assistant treasurer and the general manager and assistant general manager of a corporation,

(b) a partner or general manager and assistant general manager of a partnership, and

(c) any other individual designated as an officer by by-law or resolution of an organization or any other individual who performs functions normally performed by an individual occupying such office; (“dirigeant”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means regulations made under this Act; (“règlements”)

“statutory inspector” means a statutory inspector appointed under subsection 59 (2); (“inspecteur”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or any other tribunal that is prescribed. (“Tribunal”)

Associated persons

(2) For purposes of this Act, one person is associated with another person in any of the following circumstances:

1. One person is a corporation of which the other person is an officer or director.

2. One person is a partnership of which the other person is a partner.

3. Both persons are partners of the same partnership.

4. One person is a corporation that is controlled directly or indirectly by the other person.

5. Both persons are corporations and one corporation is controlled directly or indirectly by the same person who controls directly or indirectly the other corporation.

6. Both persons are members of the same voting trust relating to shares of a corporation.

7. Both persons are associated within the meaning of paragraphs 1 to 6 with the same person.

Non-application of Act

2 Subject to the regulations, this Act does not apply to a holder of a licence or certificate of practice under the Architects Act or a holder of a licence, limited licence, temporary licence, provisional licence or certificate of authorization under the Professional Engineers Act.

Note: On the later of the day section 2 of Schedule 1 (Home Inspection Act, 2017) to the Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 comes into force and the day subsection 1 (1) of Schedule 1 to the Enhancing Access to Justice Act, 2024 comes into force, section 2 of the Act is amended by striking out “a holder of a licence or certificate of practice” and substituting “a holder of a licence, limited licence or certificate of practice”. (See: 2024, c. 2, Sched. 1, s. 19)

Section Amendments with date in force (d/m/y)

2024, c. 2, Sched. 1, s. 19 - not in force

PART II
ADMINISTRATION

Delegation

Designation of administrative authority

3 (1) The Lieutenant Governor in Council may, by regulation, designate a not-for-profit corporation without share capital incorporated under the laws of Ontario as the administrative authority for the purposes of this Act.

Delegation of administration

(2) If the Lieutenant Governor in Council designates a corporation as the administrative authority, the administration of all provisions of this Act and the regulations, except for this Part, sections 75, 76 and 77 and Part VII, is delegated to the authority and the authority shall carry out the administration of the delegated provisions.

Administrative agreement

4 (1) The Lieutenant Governor in Council shall not designate a corporation under subsection 3 (1) as the administrative authority until the Minister and the corporation have entered into an agreement to be known as the administrative agreement.

Contents

(2) The administrative agreement shall include, at a minimum, terms related to the following matters with respect to the administrative authority:

1. The governance of the authority.

2. All matters that the Minister considers necessary for the authority to carry out the administration of the delegated provisions.

3. The maintenance by the authority of adequate insurance against liability arising out of the carrying out of its powers and duties under this Act or the regulations.

4. The financial terms of the delegation of the administration of the delegated provisions, including payments to the Crown, licence fees, royalties and reimbursements for transfer of assets.

Compliance with operating principle

(3) The administrative agreement shall require the administrative authority to comply with the principle of promoting the protection of the public interest.

Amendment by Minister

(4) Subject to section 10, the Minister may unilaterally amend the administrative agreement, after giving the administrative authority the notice that the Minister considers reasonable in the circumstances.

Policy directions

5 (1) Subject to section 10, the Minister may issue policy directions to the administrative authority related to its powers and duties under this Act or the regulations, after giving the authority the notice that the Minister considers reasonable in the circumstances.

Part of the administrative agreement

(2) The policy directions are deemed to form part of the administrative agreement.

Compliance

(3) The administrative authority shall comply with the policy directions and shall implement measures to do so.

Compliance by administrative authority

6 In carrying out its powers and duties under this Act or the regulations, the administrative authority shall comply with the administrative agreement, this Act, the regulations and other applicable law.

Review

7 (1) The Minister may,

(a) require that policy, legislative or regulatory reviews related to the powers and duties of the administrative authority under this Act, the regulations or the administrative agreement be carried out,

(i) by or on behalf of the authority, or

(ii) by a person or entity specified by the Minister; or

(b) require that reviews of the administrative authority, of its operations, or of both, including, without limitation, performance, governance, accountability and financial reviews, be carried out,

(i) by or on behalf of the authority, or

(ii) by a person or entity specified by the Minister.

Access to records

(2) If a review is carried out by a person or entity specified by the Minister, the administrative authority shall give the person or entity specified by the Minister and the employees of the person or entity access to all records and other information required to conduct the review.

Conflict

8 In the event of conflict, this Act and the regulations prevail over,

(a) the administrative agreement;

(b) the Corporations Act, the Corporations Information Act or a regulation made under either of those Acts; and

Note: On the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day section 8 of this Act comes into force, clause 8 (b) is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”. (See: 2017, c. 5, Sched. 1, s. 78 (1); 2017, c. 20, Sched. 8, s. 148)

(c) the administrative authority’s constating documents, by-laws and resolutions.

Section Amendments with date in force (d/m/y)

2017, c. 5, Sched. 1, s. 78 (1) - not in force

Revocation of designation

9 (1) The Lieutenant Governor in Council may, by regulation, revoke the designation of the administrative authority if the Lieutenant Governor in Council considers it advisable to do so in the public...