Bennefield Construction Ltd. (“BCL”) and Blue Beaudry Bennefield (“Bennefield”), built or caused to have built a new home in Cobble Hill, BC (the “New Home”), during the period of, or about, October 26, 2018, and April 10, 2019. BCL and Bennefield are a BC Housing (“BCH”) Licensed Residential Builder (“LRB”)( 41221) and obtained a commitment from an approved home warranty insurer on September 11, 2018, 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. Construction commenced on the New Home and then the New Home was de-enrolled from HWI coverage by the home warranty insurer on April 10, 2019. This was contrary to section 22(1) of the Act since BCL and Bennefield were found to have managed all or substantially all of the construction of the New Home. On August 19, 2019, BCH issued Compliance Order 19-0014 to BCL and Bennefield directing that BCL and Bennefield:
- 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.
BCL and Bennefield were ordered to comply with Compliance Order 19-0014 by September 13, 2019.