Act and Regulations
The New Home Buyer Protection Act requires builders to provide home warranty coverage for all new homes built in the province. The Act came into force on February 1, 2014.
Minor revisions to the legislation and regulations have been made and came into force August 1, 2014.
Links to the revised legislation and related regulations are available below:
- New Home Buyer Protection Act - new
- Proclamation – Proclaiming the New Home Buyer Protection Act, except sections 3(4) and (8) and 15(7)(b), in force on February 1, 2014 (November 27, 2013)
- New Home Buyer Protection (General) Regulation - new
- New Home Buyer Protection (Ministerial) Regulation - new
- Home Warranty Insurance Regulation - new
- Safety Codes Act Permit Amendment Regulation
Minor revisions made to home warranty legislation
Amendments to the New Home Buyer Protection Act came into force August 1, 2014.
Summary of legislative amendments:
- Expanded rules for multi-family rental building exemptions. Under the current legislation, warranty coverage is not required for rental buildings, provided they are not divided and sold as individual units. This amendment creates a “Rental Use Designation” and requires a caveat to be registered on the land title designating the building for rental use.
- Definition changed from “purchase period” to “protection period”, to better reflect that a home is protected for the 10-year warranty timeframe under the legislation.
- Clarifies that administrative penalties apply on a per unit basis.
- Requires that administrative penalties be paid/posted in order to appeal.
- Ability of the Registrar of the New Home Buyer Protection Office to clarify what buildings qualify as a new home.
- Clarifies the start date for warranty coverage. This amendment allows occupancy of the home to be one of the ways to determine the start date for warranty coverage for all new homes.
- Clarifies the start date for warranty coverage on condominium common property.
- Changes to the appeal process to increase efficiencies. This amendment provides additional tools for the board to deal with high volumes of appeals.
The home warranty legislation passed unanimously in the legislature in fall 2012 and came into effect February 1, 2014.