2nd Session, 40th Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 5
Section |
Table of Contents |
PART 1 | |
INTRODUCTORY PROVISIONS | |
1(1) | Definitions |
(2) | Reference to "this Act" includes regulations |
2 | Purpose of the Act |
3 | Rights cannot be waived |
4 | Crown bound |
PART 2 | |
CONSUMER PROTECTION FOR | |
NEW HOME BUYERS | |
HOME WARRANTY | |
Restrictions on Building New Homes | |
5 | Home builder must be registered and have home warranty |
6 | Owner-builder must obtain authorization |
Building Permit Requirements | |
7(1) | No building permit without home warranty |
(2) | Information provided to registrar |
(3) | Liability protection |
Restrictions on Sale of New Homes | |
8(1) | Restriction on sale if no home warranty |
(2) | Registrar may permit sale |
(3) | Notice and right of appeal |
Requirements for Home Warranty | |
9(1) | Requirements for home warranty |
(2) | Defects covered by home warranty |
(3) | Limits on home warranty coverage |
(4) | Review of minimum periods and allowable limits |
(5) | Home warranty is contract with owner |
(6) | Subsequent owner may enforce rights |
(7) | No fee for transfer of home warranty |
(8) | Home warranty is not insurance |
(9) | No exclusions or limitations |
(10) | Limitation of actions |
(11) | Regulations |
BUILDER'S WARRANTY | |
10(1) | If no home warranty, home builder provides warranty |
(2) | Extent of the builder's warranty |
(3) | Limit on liability under builder's warranty |
(4) | Regulations apply |
(5) | Warranty is contract with owner |
(6) | Subsequent owner may enforce rights |
(7) | No exclusions or limitations |
(8) | Limitation of actions |
PART 3 | |
WARRANTY PROVIDERS | |
REGISTRATION OF WARRANTY PROVIDERS | |
11(1) | Registration of warranty providers |
(2) | Registration requirements |
(3) | Conditions |
(4) | Registration not transferable |
(5) | Suspension or cancellation |
(6) | Notice and right of appeal |
(7) | Notice to registrar of changes |
DUTIES OF WARRANTY PROVIDERS | |
12(1) | Duties of warranty providers |
(2) | Duty to give buyer a home warranty certificate |
13 | Revoking commitment |
14(1) | Warranty backed by insurer |
(2) | Insurer's undertaking enforceable by the owner |
(3) | Subsequent owner may enforce rights |
(4) | Access to warranty provider's records |
(5) | Registration as a warranty provider not required |
(6) | Powers of registrar |
PART 4 | |
HOME BUILDERS | |
REGISTERED HOME BUILDERS | |
15(1) | Registration of home builders |
(2) | Conditions |
(3) | Registration not transferable |
(4) | Suspension or cancellation |
(5) | Notice and right of appeal |
OWNER-BUILDERS | |
16(1) | Authorization of owner-builders |
(2) | Exception in special cases |
(3) | Conditions |
(4) | Authorization not transferable |
(5) | Suspension or cancellation |
(6) | Notice and right of appeal |
PART 5 | |
ADMINISTRATION AND ENFORCEMENT | |
REGISTRAR AND REGISTRY | |
17(1) | Registrar |
(2) | Delegation of registrar's powers and duties |
(3) | Compliance officer |
18(1) | Registry |
(2) | Registry may be inspected |
19(1) | Registrar may require information |
(2) | Duty to provide information |
APPEALS | |
20(1) | Right to appeal decisions of the registrar |
(2) | How to appeal |
(3) | Powers of court on appeal |
INSPECTIONS | |
21(1) | Inspections |
(2) | Entry to private residence |
(3) | Electronic records |
(4) | Copies of records |
(5) | Removal of records to make copies |
(6) | Warrant to enter and inspect private residence |
(7) | Assistance to compliance officer |
(8) | Identification to be shown |
COMPLIANCE ORDERS | |
22(1) | Compliance order |
(2) | Contents |
(3) | Actions to be taken under compliance order |
(4) | Compliance |
23(1) | Review of a compliance order |
(2) | Action on review |
24(1) | Court-ordered compliance |
(2) | Order |
INJUNCTION | |
25(1) | Injunction |
(2) | Interim injunction |
OFFENCES | |
26(1) | Offences |
(2) | False or misleading information |
(3) | Obstruction |
(4) | Corporate officers and directors |
(5) | Time limit for prosecution |
(6) | Registrar's certificate is proof of date |
27 | Penalty |
28(1) | Compensation to consumer |
(2) | Order filed in court |
29(1) | Notice in land titles office |
(2) | Crown lands |
(3) | Notice to be removed |
PART 6 | |
GENERAL PROVISIONS | |
30(1) | Regulations |
(2) | Regulations may differentiate |
31 | Documentary and certificate evidence |
32 | Giving notices |
33 | Liability protection |
34 | Transitional |
35 | Consequential amendments, R.S.M. 1987, c. C170 |
36 | Consequential amendment, C.C.S.M. c. R30 |
37 | Conditional amendment re Condominium Act, S.M. 2011, c. 30, Schedule A |
38 | C.C.S.M. reference |
39 | Coming into force |