Enforcement Action: Monetary PenaltyIssue Date: March 27, 2017
On March 27, 2017, pursuant to s. 28.3(1)(b)of the Homeowner Protection Act (the “Act”), Izinga Contracting Inc. (“ICI”), Jason J. Macdonald (“Macdonald”), and Shaun Oosthuizen (“Oosthuizen”), jointly and severally, were issued a monetary penalty in a daily amount of $202, to a maximum of $6,050, for each day that passes until the demands contained in Compliance Order 16-0014 have been satisfied. This Monetary Penalty was issued for the following reasons:
- ICI, Macdonald, and Oosthuizen, contrary to s. 14(1) and s. 22(1) of the Act, built a new home in Kelowna, BC (the “New Home”), between October 13, 2015, and May 3, 2016, without being a Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider;
- The contraventions of the Act by ICI, Macdonald, and Oosthuizen are the subject of Compliance Order 16-0014 (the “CO”) issued by a Compliance Investigator on May 20, 2016. The date for complying with the CO was June 24, 2016;
- The CO directed ICI, Macdonald, and Oosthuizen to immediately apply for and become a LRB pursuant to s. 14(1) of the Act and immediately register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to s. 22(1) of the Act; and
- ICI, Macdonald, and Oosthuizen failed to comply with the orders contained in the CO by the requested compliance date.