Paul Norris (“P. Norris”), Susan Michelle Norris (“S. Norris”), and Desiree Lee Norris (“D. Norris”)(together, “the Norrises”), 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 Prince George, B.C. (the “New Home”), on, or about, November 7, 2016, 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 May 30, 2018, BCH issued Compliance Order 18-0039 to the Norrises directing that the Norrises:
- prior to resuming construction on the New Home:
- 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 built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if P. Norris, S. Norris or D. Norris meets the eligibility requirements, P. Norris, S. Norris or D. Norris may 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 (the “Regulations”); and
- until such time as the New Home is in compliance with the Act and Regulations, any sale of the New Home, or actual transfer of title of the Property by the Norrises, or anyone else, would not be legally permissible under the Act and Regulations unless the conditions granted by the Registrar under section 22(1.2) of the Act permitting the Norrises to offer for sale the New Home, as detailed in the permission to sell response letter dated January 19, 2017, have been met.
P. Norris, S. Norris and D. Norris were directed to comply with Compliance Order 18-0039 by July 13, 2018.