On March 27, 2017, pursuant to s. 28.3(1)(b)of the Homeowner Protection Act (the “Act”), Izinga Contracting Inc. (“ICI”), Jason J. Macdonald (“Macdonald”), and Shaun Oosthuizen (“Oosthuizen”), 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 16-0014 have been satisfied. This Monetary Penalty was issued for the following reasons:
- ICI, Macdonald, and Oosthuizen, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Kelowna, BC (the “New Home”), between October 13, 2015, and May 3, 2016, without being a Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider;
- The contraventions of the Act by ICI, Macdonald, and Oosthuizen are the subject of Compliance Order 16-0014 (the “CO”) issued by a Compliance Investigator on May 20, 2016. The date for complying with the CO was June 24, 2016;
- The CO directed ICI, Macdonald, and Oosthuizen to immediately apply for and become a LRB pursuant to s. 14(1) of the Act and immediately register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act; and
- ICI, Macdonald, and Oosthuizen failed to comply with the orders contained in the CO by the requested compliance date.