Enforcement Action: Compliance OrderIssue Date: March 4, 2020
Donald Marcel Gaudreault (“D. Gaudreault”) and Rosalina Pineda Gaudreault (“R. Gaudreault”), 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 Twin Bays, BC (the “New Home”), during the period of, or about, January 8, 2016, and March 20, 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 March 4, 2020, BCH issued Compliance Order 20-0006 to D. Gaudreault and R. Gaudreault directing that D. Gaudreault and R. Gaudreault:
- immediately cease all construction activities 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 is enrolled in a policy of HWI pursuant to section 22 of the Act;
- if D. Gaudreault or R. Gaudreault meets the eligibility requirements, either D. Gaudreault or R. Gaudreault 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.
D. Gaudreault and R. Gaudreault were ordered to comply with Compliance Order 20-0006 by April 17, 2020. Complied.