Abco Marine Developments Ltd. (“AMDL”), Dean Acton (“D. Acton”) and Margaret Acton (“M. Acton”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced construction and continued construction on a new home in Scotch Creek, B.C. (the “New Home”), during the period of, or about, December 5, 2012 and March 14, 2013, 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 April 9, 2013, Compliance Order 13-0009 was issued by the HPO to AMDL, D. Acton and M. Acton, directing that AMDL, D. Acton and M. Acton:
- cease carrying on the business of a residential builder as defined in the Act; and
- apply for/become an HPO LRB pursuant to section 14 of the Act, and enrol the New Home with home warranty insurance pursuant to section 22(1) of the Act; or
- provide the HPO with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- apply for, and be issued, an Owner Builder Authorization (“OBA”) for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”), and fulfil the requirements of being an owner builder.
AMDL, D. Acton and M. Acton were directed to comply with Compliance Order 13-0009 by May 10, 2013.