Kathleen Alexandra Dyck (“Dyck”), 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 Winlaw, B.C. (the “New Home”), sometime prior to October 8, 2014, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On February 4, 2015, the HPO issued Compliance Order 15-0007 to Dyck directing that Dyck immediately:
- apply for and become an HPO 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 the HPO with proof that the New Home is being built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act;
- 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; or
- Provide the HPO evidence that the New Home is not a residential dwelling unit and does not meet the definition of a “new home” under the Act and Regulations.
Dyck was directed to comply with Compliance Order 15-0007 by March 13, 2015.