Enforcement Action: ConvictionIssue Date: April 15, 2020
Blake Clinton Michaud (“Michaud”) and Deborah Shirley Armstrong (“Armstrong”), 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 Courtenay, BC (the “New Home”), during the period of, or about, August 23, 2018, and December 3, 2019, 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. On April 8, 2020, BCH issued Compliance Order 20-0015 to Michaud and Armstrong directing that Michaud and Armstrong:
• immediately either:
a. apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
b. provide BCH Compliance Department with proof that the New Home was built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
c. if Michaud or Armstrong meets the eligibility requirements, either Michaud or Armstrong may apply for, and be issued, an Owner Builder Authorization for the New Home on the property (the “Property”) pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulation”); or
• provide BCH with evidence that the New Home is no longer a residential dwelling unit and no longer meets the definition of a “New Home’ under the Act and Regulation, if no approval has been granted by the local authorities having jurisdiction to construct an additional detached dwelling unit – the New Home – on the Property.
Michaud and Armstrong were ordered to comply with Compliance Order 20-0015 by May 29, 2020.