Derek John Wolstenholme (“D.J. Wolstenholme”) and Deborah Elisabeth Hamilton Wolstenholme (“D.E. Wolstenholme”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced construction and continued construction on a new home in Victoria, B.C. (the “New Home”), during the period of, or about, July 2007, and July 2012, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered by a policy of home warranty insurance. On June 28, 2013, the HPO issued Compliance Order 13-0025 to D.J. Wolstenholme and D.E. Wolstenholme, directing that D.J. Wolstenholme and D.E. Wolstenholme :
a) apply for and become a HPO LRB pursuant to section 14(1) of the Act, and
b) enrol the New Home with home warranty insurance pursuant section 22(1) of the
- Provide the HPO with proof that the New Home was built by an HPO LRB and 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 fulfil the requirements of being an owner builder; or
- Provide the HPO with evidence that the New Home does not meet the definition of a “substantially reconstructed” home and, hence, not a “new home” under the Act and Regulations.