Angus John Ellery (“A. Ellery”) and Carolynn Hope Ellery (“C. Ellery”)(together, “the Ellerys”), 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 Prince George, BC (the “New Home”), sometime between the period of, or about, November 3, 2015, and April 23, 2018, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On February 3, 2021, BCH issued Compliance Order 21-0002 to the Ellerys directing that the Ellerys:
- Ensure all construction activities cease on the New Home; and
- Immediately either:
a. become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
b. provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
c. if A. Ellery or C. Ellery meets the eligibility requirements, either A. Ellery or C. Ellery may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation.
A.Ellery and C. Ellery were ordered to comply with Compliance Order 21-0002 by March 19, 2021.