Sukhbir Singh Brar (“Brar”), contrary to section 20(1) of the Homeowner Protection Act (the “Act”) and section 4.1(2)(f) of the Homeowner Protection Act Regulation (the “Regulations”), regarding a new home in Mission, B.C. (the “New Home”), for which an Owner Builder Authorization (“OBA”) had been issued, failed to engage in, arrange for or manage all or substantially all of the construction of the New Home. On August 23, 2016, BC Housing (“BCH”) cancelled the OBA that had been issued to Brar for the New Home. On June 14, 2017, BCH issued Compliance Order 17-0020 to Brar directing that Brar:
- apply for and become a BCH Licensed Residential Builder 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; or
- provide BCH Compliance Department with proof that the New Home is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; and
- Until such time as the New Home is in compliance with the Act and the Regulations, any offer to sell the New Home, or actual transfer of title of the New Home and the property by Brar, 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.
Brar was ordered to comply with Compliance Order 17-0020 by July 14, 2017.