Enforcement Action: Compliance OrderIssue Date: June 14, 2017
Stephane Noel Desautels (“Desautels”), 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, B.C. (the “New Home”), on, or sometime prior to, October 6, 2015, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On June 14, 2017, BCH issued Compliance Order 17-0022 to Desautels and directing that Desautels:
- immediately cease all construction activities on the New Home;
- immediately either:
- apply for and become a BCH LRB 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;
- provide BCH Compliance Department with proof that the New Home is being built by a LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act;
- if Desautels meets the eligibility requirements, Desautels 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 “Regulations”); or
- provide BCH Compliance Department with evidence that the New Home is not a residential dwelling and does not meet the definition of a ‘new home’ as defined under the Act; and
- until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or actual transfer of title of the New Home by Desautels, 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.
Desautels was directed to comply with Compliance Order 17-0022 by July 14, 2017.