Enforcement Action: Compliance OrderIssue Date: June 17, 2020
Darlene Helen Lessard (“Lessard”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced construction or caused to have commenced construction of a new home on Denman Island, BC (the “New Home”), during the period of, or about, July 31, 2019, and August 6, 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 June 17, 2020, BCH issued Compliance Order 20-0014 to Lessard directing that Lessard:
- ensure all construction activities cease on the New Home until such time as the New Home is in compliance with the Act and the Homeowner Protection Act Regulation (the “Regulation”); and
- immediately either:
- 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;
- 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;
- if Lessard meets the eligibility requirements, Lessard may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of 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.
Lessard were ordered to comply with Compliance Order 20-0014 by August 28, 2020.