Pacific Port Development Group Ltd. (“PPDGL”) and Rita Rupinder Sangera (“Sangera”) commenced or caused to have commenced construction on a new home in Richmond, B.C. (the “New Home”), on, or about, February 11, 2015. Although PPDGL was a BC Housing (“BCH”) Licensed Residential Builder (39575) between February 3, 2015, and May 25, 2016, and obtained a commitment from an approved home warranty insurer on February 11, 2015, to provide home warranty insurance on the New Home as required by the Homeowner Protection Act (the “Act”) and the Homeowner Protection Act Regulation (the “Regulations”), the New Home was de-enrolled from home warranty insurance coverage by the home warranty insurer on April 14, 2015, contrary to section 22(1) of the Act. On June 16, 2017, BCH issued Compliance Order 17-0016 to PPDGL and Sangera directing that PPDGL and Sangera:
- ensure all construction activity ceased on the New Home; 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 New Home and the property by PPDGL, Sangera, 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 Registrar under section 22(1.2) of the Act.
PPDGL and Sangera were directed to comply with Compliance Order 17-0016 by July 7, 2017.