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"Point in Time" Regulation Content

Homeowner Protection Act; Insurance Act

Homeowner Protection Act Regulation

B.C. Reg. 29/99

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 September 4, 2015
Section 1.1 September 4, 2015
Section 3 June 25, 2010
Section 4 June 25, 2010
September 4, 2015
March 4, 2016
Section 4.01 March 4, 2016
Section 4.02 September 4, 2015
Section 4.03 September 4, 2015
Section 4.04 September 4, 2015
Section 4.05 September 4, 2015
Section 4.06 September 4, 2015
Section 4.1 July 4, 2016
Section 6 June 25, 2010
Section 10 June 25, 2010
Section 13 June 25, 2010
Section 19 November 19, 2007
Schedule 1 June 25, 2010
Schedule 6 September 4, 2015
Schedule 7 September 4, 2015

 Section 1 (1) definition of "building code", paragraph (a) BEFORE amended by BC Reg 33/2015 effective September 4, 2015.

(a) the British Columbia Building Code established under the Municipal Act, or

 Section 1(1) definitions of "nominee", "Part 3 residential building", "Part 9 residential building" and ""partner" and "partnership"" were added by BC Reg 33/2015 effective September 4, 2015.

 Section 1.1 was enacted by BC Reg 33/2015 effective September 4, 2015.

 Section 3 BEFORE repealed by BC Reg 182/2010 effective June 25, 2010.

 Homeowner Protection Office

3  The Homeowner Protection Office must, on or before December 31 in each year, submit to the minister and to Treasury Board for review and approval an annual business plan that includes the following:

(a) revenue, expenditure, borrowing and lending proposals;

(b) a statement of assets and liabilities;

(c) any other information that the minister may require.

 Section 4 (5) BEFORE amended by BC Reg 182/2010 effective June 25, 2010.

(5)  For the purposes of Part 9 of the Act, a residential builder must pay the fee set out in section 4 of Schedule 1 at the time that home warranty insurance is approved for a new home.

 Section 4 (1) (k) BEFORE amended by BC Reg 33/2015 effective September 4, 2015.

(k) particulars of any convictions or judgements against the applicant and, if applicable, any partner of the applicant or any individual about whom disclosure is required under section 14 (3) of the Act for fraud or for offences committed under the Trade Practice Act, the Consumer Protection Act or the Business Practices and Consumer Protection Act;

 Section 4 (1.2) was added by BC Reg 33/2015 effective September 4, 2015.

 Section 4 (1) (g) BEFORE repealed by BC Reg 33/2015 effective March 4, 2016.

(g) a list of professional courses related to new home construction taken by the applicant and, if applicable, by each partner of the applicant or by each individual about whom disclosure is required under section 14 (3) of the Act;

 Section 4 (1.1) was added by BC Reg 33/2015 effective March 4, 2016.

 Section 4.01 was enacted by BC Reg 33/2015 effective March 4, 2016.

 Section 4.02 was enacted by BC Reg 33/2015 effective September 4, 2015.

 Section 4.03 was enacted by BC Reg 33/2015 effective September 4, 2015.

 Section 4.04 was enacted by BC Reg 33/2015 effective September 4, 2015.

 Section 4.05 was enacted by BC Reg 33/2015 effective September 4, 2015.

 Section 4.06 was enacted by BC Reg 33/2015 effective September 4, 2015.

 Section 4.1 (2) (i) was added by BC Reg 33/2015 effective July 4, 2016.

 Section 6 (e) (ii) BEFORE amended by BC Reg 182/2010 effective June 25, 2010.

(ii)  the general contractor is a licensed residential builder registered with the Homeowner Protection Office, and

 Section 10 (1) (j) and (1.1) were added by BC Reg 182/2010 effective June 25, 2010.

 Section 13 (3) BEFORE amended by BC Reg 182/2010 effective June 25, 2010.

(3)  Not less than 60 days before putting into public use a new or amended document or contract form intended for use by owners and containing the terms and conditions of home warranty insurance, a warranty provider must submit the document or contract form to the Homeowner Protection Office.

 Section 19 (3) to (6) BEFORE repealed by BC Reg 315/2007 effective November 19, 2007.

(4) An owner builder must complete and file with the appropriate authority at the time of the building permit application or, if a building permit is not required, with the registrar before commencing construction, an Owner Builder Declaration and Disclosure Notice in the form set out in Schedule 4.

(5) An owner builder must not sell a home to which subsection (1) applies unless

(a) the home is covered by home warranty insurance, or

(b) the owner builder has provided to the person offering to purchase the home a copy of the Owner Builder Declaration and Disclosure Notice referred to in subsection (4).

(6) Subsection (5) applies to the owner builder of a new home and any subsequent owner during the 10 year period commencing on the earlier of

(a) the date that the new home is first occupied, and

(b) the granting of an occupancy permit or similar right to occupy by an authority having jurisdiction.

 Schedule 1 section 4 BEFORE amended by BC Reg 182/2010 effective June 25, 2010.

4  In addition to the fee payable under sections 1 to 3, a residential builder must pay a fee of $750 for each new dwelling unit

(a) that is in a multi-unit building containing 2 or more dwelling units under separate title,

(b) that is located in a geographic area of British Columbia referred to in section 5 of this Schedule, and

(c) for which home warranty insurance is provided.

 Schedule 6 was added by BC Reg 33/2015 effective September 4, 2015.

 Schedule 7 was added by BC Reg 33/2015 effective September 4, 2015.