Ian Theodore Cosens (“I. Cosens”) and Abigail Sydney Cosens (“A. Cosens”)(together, “the Cosens”), 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 Dawson Creek, BC (the “New Home”), sometime prior to October 6, 2023, 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 January 18, 2024, BCH issued Compliance Order 24-0001 to the Cosens directing that the Cosens:
- immediately cease all construction activities 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 with proof that a LRB – General Contractor – has been hired to construct the New Home and enrolled the New Home in a policy of HWI pursuant to section 22(1) of the Act;
- if I. Cosens or A. Cosens meets the eligibility requirements, I. Cosens or A. Cosens may 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; or
- provide BCH Compliance Department with evidence that the New Home is no longer a residential dwelling and does not meet the definition of a ‘new home’ as defined under the Act.
The Cosens were ordered to comply with Compliance Order 24-0001 by March 1, 2024.