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S.M. 2013, c. 23
Bill 5, 3rd Session, 40th Legislature
The New Home Warranty Act
| 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(1) | Consequential amendments, R.S.M. 1987, c. C170 |
| (2) | |
| 17.1 | Pursuing remedies under a warranty |
| (3) | |
| 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 |