Enforcement Action: Compliance OrderIssue Date: March 7, 2018
Ryan Lee Davies (“Davies”) dba R Davies Developments (“RDD”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built or caused to have built a new home in Eagle Bay, B.C. (the “Eagle Bay New Home”), during the period of, or about, November 22, 2011, and January 2012, and a second new home in Blind Bay, BC (the “Blind Bay New Home”) (collectively, the “New Homes”), during the period of, or about, November 2, 2016, and October 20, 2017, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without any of the New Homes being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On March 7, 2018, BCH issued Compliance Order 18-0012 to Davies and RDD directing that Davies and RDD:
- immediately cease carrying on the business of a residential builder as defined in the Act;
- prior to initiating any marketing efforts and/or offering of the Eagle Bay New Home for sale, Davies must:
- ensure the Eagle Bay New Home is enrolled with a policy of HWI pursuant to section 22 of the Act;
- be approved for an Owner Builder Authorization/ be issued a Disclosure Notice from BCH for the Eagle Bay New Home; or
- be granted a permission by the BCH Registrar, pursuant to section 22(1.2) of the Act, authorizing Davies to sell, or offer to sell, the Eagle Bay New Home despite the requirements of section 22(1.1) of the Act; and
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the Blind Bay New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act.
Davies and RDD were ordered to comply with Compliance Order 18-0012 by March 30, 2018.