Catherine Jean Demers (“C. Demers”) and James Israel Benjamin Demers (“J. Demers”) (together, “the Demerses”), 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 Nelson, BC (the “New Home”), sometime prior to January 9, 2019, 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 July 28, 2021, BCH issued Compliance Order 21-0013 to the Demerses directing that the Demerses:
- Ensure all construction activities cease on the New Home; and
- Immediately either:
- become a 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;
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- 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, provided that either C. Demers or J. Demers meets the eligibility requirements.
C. Demers and J. Demers were ordered to comply with Compliance Order 21-0013 by September 17, 2021.