Bryco Enterprises Ltd. (“BEL”) and Bryan James Halbauer (“Halbauer”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Terrace, B.C. (the “New Home”), between the period of, or about, June 23, 2015 and December 29, 2015, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On December 29, 2015, BEL and Halbauer were issued Compliance Order 15-0042 (“CO”). BEL and Halbauer were directed to comply with the CO by January 29, 2016. On April 14, 2016, the HPO issued Amended Compliance Order 15-0042-1 to BEL and Halbauer extending the date for complying with the CO to May 30, 2016, modifying the orders contained in the CO, and directing that BEL and Halbauer:
- apply for and become an HPO LRB pursuant to section 14(1) of the Act, and immediately register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act;
- 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 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
- until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the New Home by BEL, Halbauer, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the HPO Registrar under section 22(1.2) of the Act.
BEL and Halbauer were directed to comply with Amended Compliance Order 15-0042-1 by May 30, 2016.