0773871 BC Ltd. dba Lucas Construction (“LC”) and Charles Randal Lucas (“Lucas”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Kimberley, B.C. (the “New Home”), during the period of, or about, October 2008 and July 2009, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by a policy of home warranty insurance. On November 20, 2013, Compliance Order 13-0031 was issued by the HPO to LC and Lucas directing that LC and Lucas:
- immediately cease carrying on the business of a residential builder as defined in the Act;
- apply for/become an HPO LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act; and
- cease all signage, marketing, advertising and other publications and media that imply, suggest or hold out in any manner that either Lucas or LC is a LRB until such time as either Lucas or LC is issued a Residential Builder License by the HPO.
LC and Lucas were directed to comply with Compliance Order 13-0031 by December 27, 2013.