Enforcement Action: Monetary PenaltyIssue Date: November 1, 2017
On November 1, 2017, pursuant to s. 28.3(1)(b) of the Homeowner Protection Act (the “Act”), Norwest Nu-Tech Distributors Inc. (“NNTDI”), Elvin Rempel (“E. Rempel”), and Pamela Rempel (“P. Rempel”) were issued a monetary penalty in a single amount of $6,500. This Monetary Penalty was issued for the following reasons:
- NNTDI, E. Rempel, and P. Rempel, contrary to s. 14(1) and s. 22(1) of the Act, commenced or caused to have commenced construction on a new home in Creston, BC (the “New Home”), sometime in 2013 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;
- The contraventions of the Act by NNTDI, E. Rempel and P. Rempel are the subject of Compliance Order 17-0029 (the “CO”) issued by a Compliance Investigator on September 01, 2017. The date for complying with the CO was September 22, 2017;
- The CO directed NNTDI, E. Rempel and P. Rempel to cease construction on the New Home and either become a LRB pursuant to s. 14(1) of the Act and register the New Home for coverage by HWI provided by a warranty provider pursuant to s. 22(1) of the Act or provide BCH proof that the New Home is being built by a LRB and is enrolled in a policy of HWI pursuant to s. 22 of the Act, or if E. Rempel or P. Rempel meets the eligibility requirements, either E. Rempel or P. Rempel may apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to s. 20(1) of the Act and s. 4.1(2) of Homeowner Protection Act Regulation; and
- NNTDI, E. Rempel and P. Rempel failed to comply with the CO by the requested compliance date.