New Home Construction Licensing Act, 2017, S.O. 2017, c. 33, Sched. 1

• Jurisdiction: Ontario

New Home Construction Licensing Act, 2017

S.o. 2017, chapter 33
Schedule 1

Consolidation Period: From February 1, 2023 to the e-Laws currency date.

Last amendment: 2022, c. 21, Sched. 5.

CONTENTS

PART I
INTERPRETATION

Definitions

1 (1) In this Act,

“administrative agreement” means the agreement described in subsection 3 (1); (“accord d’application”)

“administrative penalty” means an administrative penalty imposed under section 76; (“pénalité administrative”)

“assessor” means an assessor appointed under subsection 75 (2) who is authorized to impose an administrative penalty or the registrar acting as an assessor; (“évaluateur”)

“builder” has the same meaning as “builder” as defined in section 1 of the Ontario New Home Warranties Plan Act; (“constructeur”)

“common elements” means all the condominium property except the condominium units; (“parties communes”)

“common elements condominium corporation”, “common expenses” and “common interest” have the same meaning as in the Condominium Act, 1998; (“association condominiale de parties communes”, “dépenses communes”, “intérêt commun”)

“condominium corporation” means a corporation as defined in subsection 1 (1) of the Condominium Act, 1998; (“association condominiale”)

“condominium declaration” means a declaration as defined in subsection 1 (1) of the Condominium Act, 1998; (“déclaration de condominium”)

“condominium property” means property as defined in subsection 1 (1) of the Condominium Act, 1998; (“propriété condominiale”)

“condominium unit” means a unit as defined in subsection 1 (1) of the Condominium Act, 1998; (“partie privative de condominium”)

“delegated provisions” means the provisions of this Act and the regulations that the Lieutenant Governor in Council has designated as such under subsection 2 (2); (“dispositions déléguées”)

“Director” means the Director appointed under subsection 36 (1); (“directeur”)

“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”)

“information sharing agreement” means any of the agreements described in subsection 4 (3); (“accord d’échange de renseignements”)

“inspector” means an inspector appointed under subsection 58 (2) or the registrar acting as an inspector; (“inspecteur”)

“investigator” means an investigator appointed under subsection 60 (1); (“enquêteur”)

“licensee” means the holder of a licence issued 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”)

“new home” has the same meaning as “home” as defined in section 1 of the Ontario New Home Warranties Plan Act; (“logement neuf”)

“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 or the regulatory authority,

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

(c) any other individual designated as an officer by by-law or resolution of an organization,

(d) any other individual who performs functions normally performed by an individual occupying an office described in clause (a), (b) or (c), and

(e) any other prescribed individual; (“dirigeant”)

“owner” has the same meaning as “owner” as defined in section 1 of the Ontario New Home Warranties Plan Act; (“propriétaire”)

“owner-builder” means, subject to the prescribed requirements or restrictions, if any, an individual who constructs or manages the construction of a residential dwelling for the individual’s personal use and occupation and who meets the prescribed requirements, if any; (“constructeur-propriétaire”)

“person” means a natural person, corporation, partnership, sole proprietorship, association or other prescribed person or entity; (“personne”)

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

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

“regulatory authority” means the corporation that the Lieutenant Governor in Council has designated as such under subsection 2 (1); (“organisme de réglementation”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed; (“Tribunal”)

“vendor” has the same meaning as “vendor” as defined in section 1 of the Ontario New Home Warranties Plan Act; (“vendeur”)

“warranty authority” has the same meaning as “Corporation” as defined in section 1 of the Ontario New Home Warranties Plan Act. (“organisme de garantie”) 2017, c. 33, Sched. 1, s. 1 (1); 2020, c. 14, Sched. 4, s. 1.

Interested person

(2) For the purposes of this Act, a person shall be deemed to be an interested person in respect of another person if the person is associated with the other person or if, in the opinion of the registrar,

(a) the person has or may have a beneficial interest in the other person’s activities;

(b) the person exercises or may exercise control either directly or indirectly over the other person; or

(c) the person has provided or may have provided financing either directly or indirectly for the other person’s activities. 2017, c. 33, Sched. 1, s. 1 (2).

Associated persons

(3) For the 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. 2017, c. 33, Sched. 1, s. 1 (3).

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

2020, c. 14, Sched. 4, s. 1 (1-5) - 01/02/2021

PART II
ADMINISTRATION

Delegation

Designation of regulatory authority

2 (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 regulatory authority for the purposes of this Act.

Delegated provisions

(2) The Lieutenant Governor in Council may, by regulation, designate provisions of this Act and the regulations, except for this Part and sections 83, 84 and 85, as the delegated provisions.

Delegation of administration

(3) If the Lieutenant Governor in Council designates a corporation as the regulatory authority, the administration of the delegated provisions is delegated to the authority and the authority shall carry out the administration of the delegated provisions.

Administrative agreement

3 (1) The Lieutenant Governor in Council shall not designate a corporation under subsection 2 (1) until the Minister and the corporation have entered into an agreement to be known as the administrative agreement. 2017, c. 33, Sched. 1, s. 3 (1).

Contents

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

1. The governance of the regulatory authority.

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

3. The maintenance by the regulatory 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. 2017, c. 33, Sched. 1, s. 3 (2).

Compliance with operating principles

(3) In addition to the terms required under subsection (2), the administrative agreement shall require the regulatory authority to comply with the principles of,

(a) maintaining a fair, safe and informed marketplace; and

(b) promoting the protection of the public interest. 2020, c. 14, Sched. 4, s. 2.

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

2020, c. 14, Sched. 4, s. 2 - 01/02/2021

Information sharing

4 (1) The regulatory authority shall share the prescribed information with the Minister, the warranty authority and prescribed persons in accordance with the regulations and in the manner and within the time prescribed. 2017, c. 33, Sched. 1, s. 4 (1).

Personal information

(2) For greater certainty, the prescribed information may include personal information as defined in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act. 2017, c. 33, Sched. 1, s. 4 (2).

Agreements

(3) For the purpose of complying with subsection (1), the regulatory authority shall, in accordance with the regulations, enter into agreements with the Minister, the warranty authority and prescribed persons in the manner and within the time prescribed. 2017, c. 33, Sched. 1, s. 4 (3)

Content of agreements

(4) The information sharing agreements mentioned in subsection (3) shall include, at a minimum, terms relating to the prescribed matters, which may include,

(a) licence and licence renewal applications;

(b) licence conditions;

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