Terry Michael Michaels (“Michaels”), 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 Salt Spring Island, BC (the “New Home”), sometime prior to November 7, 2023, 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 February 29, 2024, BCH issued Compliance Order 24-0003 to Michaels directing that Michaels:
- immediately cease all construction activities on the New Home; and
- immediately either:
- become a 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;
- hire a LRB to construct the New Home and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- if Michaels meets the eligibility requirements, Michaels may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Regulation; or
- provide BCH Compliance Department with evidence that the New Home is no longer a residential dwelling and does not meet the definition of a ‘new home’ as defined under the Act.
Michaels was ordered to comply with Compliance Order 24-0003 by March 29, 2024.