On April 26, 2018, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), D.B.C. Construction Ltd.(DBCCL), and David Cameron (“Cameron”), jointly and severally, were issued a monetary penalty in a daily amount of $202, to a maximum of $6,050, for each day that passes until the demands contained in Compliance Order 17-0038 have been satisfied. This Monetary Penalty was issued for the following reasons:
- DBCCL and Cameron constructed a new home in Mission, BC (the “New Home”), between March 17, 2016, and April 13, 2017. Although DBCCL was a BC Housing (“BCH”) Licensed Residential Builder (“LRB”)(31397) between October 9, 2009, and October 31, 2017, and obtained a commitment from an approved home warranty insurer to provide home warranty insurance (“HWI”) on the New Home as required by the Act and the Homeowner Protection Act Regulation, the New Home was de-enrolled from HWI coverage on April 13, 2017, contrary to section 22(1) of the Act;
- The contravention of the Act by DBCCL and Cameron is the subject of Compliance Order 17-0037 (the “CO”) issued by a Compliance Investigator on October 26, 2017. The date for complying with the CO was November 17, 2017;
- The CO directed that DBCCL and Cameron immediately 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 being built by a LRB, and is enrolled in a policy of HWI pursuant to section 22(1) of the Act; and
- DBCCL and Cameron failed to comply with the orders contained in the CO by the requested compliance date.