Jody Lynn Elizabeth Moyls (“J. Moyls”) and Nicolas Jackson Inglis (“N. Inglis”) (together, “Moyls and Inglis”), 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 on Hornby Island, B.C. (the “New Home”) on, or about, June 23, 2015, 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 June 29, 2018, BCH issued Compliance Order 18-0045 to Moyls and Inglis directing that Moyls and Inglis:
- apply for and become a BCH 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 Compliance Department with proof that the New Home is being, or has been, built by a BCH LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act;
- apply for, and be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”); or
- provide BCH Compliance Department evidence that the New Home project has been terminated, and that construction on the New Home has not commenced; and
- Until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the Property by Moyls and Inglis, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the HPO Registrar under section 22(1.2) of the Act.
Moyls and Inglis were directed to comply with Compliance Order 18-0045 by July 27, 2018.