Ryan Robert Kennedy (“R. Kennedy”), Michael Robert Kennedy (“M. Kennedy”) and Gwendolyn Leslie Kennedy (“G. Kennedy”), 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 Tappen, BC (the “New Home”), between the period of, or about, October 28, 2014, and November 8, 2019, 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 November 8, 2019, BCH Issued Compliance Order 19-0019 to R. Kennedy, M. Kennedy and G. Kennedy (together, “the Kennedys”) directing that the Kennedys:
- Ensure all construction activities immediately cease on the New Home; and
- Immediately either:
- register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act; or
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if R. Kennedy, M. Kennedy or G. Kennedy meets the eligibility requirements, either R. Kennedy, M. Kennedy or G. Kennedy 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 Kennedys were directed to comply with Compliance Order 19-0019 by November 29, 2019.