BC Housing’s Enforcement Registry is a publicly available and searchable registry of enforcement actions in the province, which includes compliance orders, monetary penalties and Crown counsel convictions.
We update our records of enforcement actions and Crown counsel convictions every month, pursuant to Section 29.5 of the Homeowner Protection Act. We also keep records of past compliance orders, monetary penalties and convictions.
If an owner builder does not fulfil their requirements, we may suspend or cancel their authorization under section 20.2 of the Homeowner Protection Act.
We may issue a compliance order if a person fails to voluntarily comply with the Act or its regulations. Failure to comply with a compliance order may result in fines or court-ordered compliance.
The purpose of a compliance order is to remedy non-compliant behaviour. This may range from building without a licence or appropriate authorization to selling a home that is not covered by home warranty insurance when required. The Act lists further offences.
A person may request that the Registrar reviews a compliance order and may appeal the decision of the Registrar’s review.
If a person refuses or fails to comply with a compliance order and the appeal board has not stayed or rescinded the order, the Registrar may apply to the Supreme Court of British Columbia for help. The court may order compliance with some or all of the compliance order conditions.
The Registrar may impose a monetary penalty of up to $25,000 if a person fails to comply with a compliance order, a condition of a licence or authorization, or certain provisions of the Act or its regulations. The Act lists further offences.
A person may request that the Registrar review a monetary penalty and may appeal the decision of the Registrar’s review.
When the appeal period expires, or if the appeal board dismisses all or part of the appeal, the penalty becomes a debt payable to BC Housing. The Registrar may then file a certified notice imposing the monetary penalty in either the Supreme Court or Provincial Court. All proceedings may be taken on the notice as if it were a judgment of that court.
In the most serious cases of non-compliance, the Registrar can recommend to Crown counsel that charges be laid against an individual or corporation. Crown counsel would then prosecute through the courts.
Individuals who are convicted may face fines up to $25,000, imprisonment for up to one year — or both. If a corporation commits an offence, every director, officer or other person who authorized, permitted or acquiesced in the offence may face fines up to $25,000, imprisonment for up to one year — or both. A corporation may face fines up to $100,000 if convicted.