Gary Douglas Burr (“G. Burr”) and Deborah Burr (“D. Burr”)(together, “the Burrs”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built a new home in Falkland, BC (the “New Home”), in, or around, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On October 19, 2022, BCH issued Compliance Order 22-0025 to the Burrs directing that the Burrs:
- immediately either:
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by home warranty insurance 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 home warranty insurance pursuant to section 22 of the Act; or
- if G. Burr or D. Burr meets the eligibility requirements, G. Burr or D. Burr may 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 “Regulation”); and
- until such time as the New Home is in compliance with the Act and Regulation, any offer to sell the New Home, or actual transfer of title of the New Home by G. Burr or D. Burr, or anyone else, would not be legally permissible under the Act and Regulation unless permission to sell the New Home has been granted by the Registrar under section 22(1.2) of the Act.
G. Burr and D. Burr were directed to comply with Compliance Order 22-0025 by December 2, 2022.