Arvindera Ghag (“A. Ghag”) and Harjit Ghag (“H. Ghag”), constructed a new home in Vancouver, BC (the “New Home”), between May 10, 2017 and June 6, 2018. Although A. Ghag has been a BC Housing (BCH) Licensed Residential Builder (40292) since May 25, 2015, and obtained a commitment from an approved home warranty insurer on October 12, 2016 to provide home warranty insurance (“HWI”) on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation (the “Regulations”), the New Home was de-enrolled from HWI coverage by the home warranty insurer on December 18, 2017, contrary to section 22(1) of the Act. On March 25, 2019, Compliance Order 19-0002 was issued by BCH to A. Ghag and H. Ghag directing that A. Ghag and H. Ghag:
- Immediately either:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act; or
- provide BCH Compliance Department with proof that the New Home is currently enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if A. Ghag, H. Ghag or Davinder Kaur Ghag (“D. Ghag”) meets the eligibility requirements, either A. Ghag, H. Ghag or D. Ghag 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 Regulations.
A. Ghag and H. Ghag were ordered to comply with Compliance Order 19-0002 by April 22, 2019.