Copyright and Disclaimer Print


AR 220/2013 NEW HOME BUYER PROTECTION (MINISTERIAL) REGULATION

(Consolidated up to 237/2017)

ALBERTA REGULATION 220/2013

New Home Buyer Protection Act

NEW HOME BUYER PROTECTION
(MINISTERIAL) REGULATION

Table of Contents

                1      Interpretation

Part 1
General

                2      Application of Act

             2.1      Residential builder licensing exemptions

                5      Compliance orders

                6      Service of compliance orders and notices

             6.1      Grounds for discharge of rental use designation

Part 2
New Home Buyer Protection Board

                7      Establishment of New Home Buyer Protection Act Appeal Board

                8      Notice of appeal

                9      Persons affected by compliance orders

              10      Interveners

              11      Additional grounds

              12      Applications for stay

              13      Notice of hearing

              14      Nature of hearing

           14.1      Deadline for submissions

              15      Adjournments

              16      Case management

              17      Representation by lawyer or other agent

              18      Hearing open to public

              19      Rules of Court

              20      Absence of party

              21      Oral hearing procedures

              22      Appeal without hearing

              23      Dismissal of appeals


              24      Withdrawals

              25      Dispute resolution

              26      Reconsiderations

              28      Evidence

              29      Decisions and orders of Board

              30      Publication

           30.1      Transitional

              32      Coming into force

Schedule

Interpretation

1(1)  In this Regulation,

                               (a)    “appeal” means an appeal referred to in section 17(1) of the statute;

                              (b)    “statute” means the New Home Buyer Protection Act.

(2)  In this Regulation, a reference to “the Act” includes the regulations made under the statute.

AR 220/2013 s1;101/2016

Part 1
General

Application of Act

2(1)  In subsection (2)(b),

                               (a)    “building code” means the Alberta Building Code 2006 declared in force by the Building Code Regulation (AR 117/2007);

                              (b)    “mobile home” means a structure that is designed to be moved from place to place and that is intended for residential occupancy.

(2)  The following buildings are exempt from the definition of new home in section 1(1)(s) of the statute:

                               (a)    a home built by one of the following societies:

                                        (i)    Habitat for Humanity — Camrose Society;

                                      (ii)    Habitat for Humanity — Edmonton Society;

                                     (iii)    Habitat for Humanity Lethbridge Society;

                                     (iv)    Habitat for Humanity On the Border Lloydminster Society;

                                       (v)    Habitat for Humanity Red Deer Region Society;

                                     (vi)    Habitat for Humanity Southern Alberta Society;

                                    (vii)    Habitat for Humanity — Wood Buffalo Society;

                                   (viii)    Humans Helping Humans Housing Foundation.

                              (b)    any mobile home that is not subject to the building code;

                               (c)    detached amenity buildings;

                              (d)    detached parking garages;

                               (e)    detached recreation facilities;

                               (f)    detached swimming pools.

(3)  Subsection (2)(a) applies only

                               (a)    where one of the societies listed in subsection (2)(a) sells a home to an individual who has the intention of living in it, and

                              (b)    the purchase and sale agreement in respect of that home prohibits the individual from selling the home to anyone other than the society or its successors.

(4)  The Alberta Social Housing Corporation is exempt from the application of the Act.

(5), (6)  Repealed AR 165/2014 s2.

AR 220/2013 s2;165/2014;101/2016;236/2017

Residential builder licensing exemptions

2.1(1)  In this section, the terms “manufactured home”, “mobile home” and “package home” have the meanings given to them in the Retail Home Sales Business Licensing Regulation (AR 197/99).

(2)  Subject to subsection (3), the following persons are exempt from the licensing requirements in section 2.1 of the statute:

                               (a)    a person authorized to trade in real estate as a real estate broker under the Real Estate Act;

                              (b)    a person who is permitted to practise engineering under the Engineering and Geoscience Professions Act;

                               (c)    a professional technologist as defined in section 86.4(m) of the Engineering and Geoscience Professions Act;

                              (d)    a registered architect as defined in section 1(m) of the Architects Act.

(3)  An exemption under subsection (2)(a), (b), (c) or (d) applies only with respect to work performed by the person within the scope of practice under the Real Estate Act, Engineering and Geoscience Professions Act or Architects Act, as the case may be.

(4)  A person who holds a licence under the Retail Home Sales Business Licensing Regulation (AR 197/99) is exempt from the requirement to hold a developer licence under the New Home Buyer Protection (General) Regulation (AR 211/2013) in respect of new homes that are manufactured homes, mobile homes or package homes.

AR 236/2017 s3

3, 4   Repealed AR 236/2017 s4.

Compliance orders

5(1)  A compliance order must specify the action that a person must take, stop or modify, including but not limited to the following, by the date specified in the order:

                               (a)    apply to obtain an authorization or to be granted an exemption in accordance with the Act;

                              (b)    comply with a provision of the Act;

                               (c)    obtain the required home warranty coverage;

                              (d)    provide to a prospective owner a copy of the disclosure notice referred to in section 3(2) or (5) of the statute;

                               (e)    provide documentation to a compliance officer to assist the officer in the execution of the officer’s duties;

                               (f)    register a new home or the person’s intention to build a new home in accordance with the Act;

                               (g)    stop work on the new home;

                              (h)    arrange for the preparation or revision of a building assessment report for a condominium building or a phase of development to comply with the requirements of the Act;

                               (i)    give a copy of a building assessment report for a condominium building or a phase of development to a person entitled to it under the Act;

                               (j)    remove from publication, including publication on the internet, any offer for sale or advertisement for sale of a new home that does not comply with section 3 of the statute;

                              (k)    apply for a licence.

(2)  On issuing an order, the compliance officer shall

                               (a)    serve a copy on the person to whom it is issued in accordance with this Regulation,

                              (b)    mail a copy of it to the registered owner at the address recorded on the certificate of title of the land,

                               (c)    mail a copy of it to the warranty provider listed in the registry in respect of the new home, and

                              (d)    send a copy of it to the Registrar within the time satisfactory to the Registrar.

(3)  The compliance order shall remain in force notwithstanding

                               (a)    that a request for review has been made under section 13 of the statute,

                              (b)    a notice of appeal has been filed under section 17 of the statute, or

                               (c)    that a review or appeal is underway,

unless the chair of the Board issues a stay of the compliance order under section 19 of the statute.

(4)  The form to be used under the Act is set out in the Schedule.

AR 220/2013 s5;236/2017

Service of compliance orders and notices

6(1)  A compliance order issued, amended, confirmed, varied or cancelled under the Act and a notice of administrative penalty or other written notice or document required by the Act to be issued or sent must be served

                               (a)    in the case of an individual,

                                        (i)    by personal service,

                                      (ii)    by leaving it for the individual with a person apparently at least 18 years of age at the individual’s current or most usual dwelling place,

                                     (iii)    by sending it by registered mail to

                                              (A)    the individual’s last known address, or

                                              (B)    the most recent address provided by the individual to the Registrar,

                                           or

                                     (iv)    by sending it by facsimile or other form of electronic transmission to the individual’s last known facsimile number or electronic address, if there is a record of so sending it,

                                  and

                              (b)    in the case of a corporation,

                                        (i)    by leaving it with a director, manager or officer of the corporation, or the president, chairperson or other head officer, by whatever name that person is known, of the corporation,

                                      (ii)    by leaving it at the corporation’s registered office,

                                     (iii)    by sending it by registered mail to the corporation’s registered office,

                                     (iv)    in the case of an extra‑provincial corporation, by leaving it with, at the address of, or by sending it by registered mail to the address of

                                              (A)    the corporation’s attorney for service appointed as required by the Business Corporations Act, or

                                              (B)    the corporation’s principal place of business in Alberta,

                                           or

                                       (v)    by sending it by facsimile or other form of electronic transmission to the corporation’s last known facsimile number or electronic address, if there is a record of so sending it.

(2)  Service by registered mail is not invalid by reason only that

                               (a)    the addressee refuses to accept the mail,

                              (b)    the addressee returns the mail,

                               (c)    the addressee refuses to take delivery, or

                              (d)    the addressee no longer resides or is otherwise not present at the address and has not provided the postal service with a current mailing address.

(3)  The Registrar may apply to the Board for direction regarding the service of a notice of administrative penalty, including service in a manner or to a location not set out in this section.

(4)  The service referred to in this section is presumed to be effected on the date indicated in this subsection, unless the contrary is proved:

                               (a)    in the case of a document sent by registered mail, on the date of delivery;

                              (b)    in the case of a document sent by facsimile machine or e‑mail, on the date the facsimile or e‑mail was sent as confirmed by a record of successfully completed transmission;

                               (c)    in any other case, on the date when the Administrator complies fully with the directions of the Board regarding the service.

AR 220/2013 s6;165/2014;237/2017

Grounds for discharge of rental use designation

6.1   The Registrar may discharge a caveat in respect of a rental use designation registered under section 3.1 of the statute from a certificate of title to land if

                               (a)    the land that is the subject of the rental use designation does not contain a new home, or

                              (b)    all new homes on the land that is the subject of the rental use designation are either

                                        (i)    covered by a home warranty insurance contract that complies with section 3(6) and (7) of the statute, or

                                      (ii)    exempt from the requirement of obtaining required home warranty coverage under a provision other than section 3.1 of the statute.

AR 165/2014 s5

Part 2
New Home Buyer Protection Board

Establishment of New Home Buyer Protection Act Appeal Board

7(1)  In this Part,

                               (a)    “Board” includes a panel of the Board;

                              (b)    “case management instructions” include

                                        (i)    directing parties to

                                              (A)    state, clarify or focus the issues in dispute,

                                              (B)    identify any relevant agreed or alleged facts, or

                                              (C)    identify any witnesses to be called and provide a summary of the evidence intended to be introduced through those witnesses,

                                      (ii)    directing disclosure of material or information from any party to facilitate a fair, orderly and timely process,

                                     (iii)    directing that communication with the Board or disclosure of some or all material or information be made or remade in an electronic format approved by the Board or in hard copy format, or any combination of both,

                                     (iv)    directing that evidence be submitted to the Board by affidavit by a particular date, and

                                       (v)    establishing or rescheduling dates for hearings, disclosure or exchanges of information;

                               (c)    “case manager” means a member of the Board or of the Board’s administration designated by the chair as a case manager;

                              (d)    “electronic hearing” means an oral hearing conducted by conference telephone or other electronic means where each participant is able to hear and respond to the comments of the other participants at the time the comments are made;

                           (d.1)    “issuing authority” means the Registrar;

                               (e)    “party” means

                                        (i)    an appellant,

                                      (ii)    an intervener,

                                     (iii)    the issuing authority, and

                                     (iv)    for the purposes of proceedings under this Part, any other person whom the Board determines to be a party.

(2)  There is established a board to be known as the New Home Buyer Protection Board consisting of the persons appointed by the Minister.

(3)  Repealed AR 165/2014 s7.

(4)  The Minister shall appoint one of the members of the Board as chair.

(5)  The chair may

                               (a)    arrange for matters to be set down before the Board,

                              (b)    adjourn matters set down before the Board, and

                               (c)    perform the administrative functions that are necessary to enable the Board to carry out its duties under the Act.

(6)  The chair may appoint a Board member as acting chair.

(7)  The acting chair has and may exercise and perform the powers and duties conferred or imposed on the chair by the Act at any time.

(8)  The chair may select one or more members of the Board to sit as a panel of the Board.

(9)  The chair may establish as many panels as the chair considers necessary.

(10)  The chair may appoint a presiding officer for a panel, if applicable, but if the chair does not do so, the members of a panel must choose a presiding officer from among themselves.

(11)  If a member named to a panel is unable to hear an appeal, the chair may appoint a replacement member.

(12)  A majority of members of a panel of the Board constitutes a quorum.

AR 220/2013 s7;165/2014;237/2017

Notice of appeal

8(1)  A notice of appeal referred to in section 17 of the statute must be in the form approved by the chair and set out

                               (a)    the appellant’s name, municipal address and contact information, including an e‑mail address,

                              (b)    a copy of the decision, order or administrative penalty being appealed,

                               (c)    the date the decision, order or notice of administrative penalty was received by the appellant,

                              (d)    any information contained in or on the decision, order or notice of administrative penalty that the appellant believes to be incorrect, and

                               (e)    a brief description of the reasons for the appeal.

(2)  A notice of appeal is deemed to be filed when it is received

                               (a)    at an e-mail address specified by the chair, or

                              (b)    at the address specified by the chair.

(3)  Any filing fee for an appeal must be received by the Board by the later of

                               (a)    7 days after the filing of the notice of appeal, or

                              (b)    the deadline for filing the appeal under section 17 of the statute.

(4)  A filing fee may be refunded to the person who paid a fee if

                               (a)    the Board decides in favour of the person, or

                              (b)    the matter is appealed to the Court and the Court decides in favour of the person.

AR 220/2013 s8;165/2014

Persons affected by compliance orders

9(1)  A person who is not named in a compliance order but who claims to be affected by a compliance order may apply in writing within one month after the issuance of the compliance order to the Board for permission to appeal the compliance order.

(2)  The application to the Board must include a completed notice of appeal with the information set out in section 8(1) and payment of any filing fee.

(3)  The Board may decide, with or without reasons,

                               (a)    whether the person is affected by a compliance order, and

                              (b)    if the person is allowed to appeal the compliance order.

(4)  If the Board decides to allow the person to appeal, the appeal procedure set under the Act shall be followed.

(5)  Repealed AR 165/2014 s9.

AR 220/2013 s9;165/2014

Interveners

10(1)  A person may apply to intervene in an appeal before the Board where the person has a financial or other interest in the matter by providing the following information in the form approved by the chair:

                               (a)    the intervener’s name, municipal address and contact information, including an e‑mail address;

                              (b)    identification of the decision, order or administrative penalty being appealed;

                               (c)    a concise statement indicating

                                        (i)    the manner in which the intervener’s rights may be directly and adversely affected by a decision of the Board on the appeal,

                                      (ii)    the nature and scope of the intervener’s intended participation,

                                     (iii)    the disposition of the appeal that the intervener advocates, if any, and

                                     (iv)    the reasons why the intervener believes the Board should decide in the manner that the intervener advocates.

(2)  An application to intervene is deemed to be filed when it is received

                               (a)    at an e-mail address specified by the Board or the chair, or

                              (b)    at the address specified by the Board or the chair.

(3)  Any filing fee for an application to intervene must be received by the Board by the later of

                               (a)    7 days after the filing of the application, or

                              (b)    the deadline for filing an appeal.

(4)  A filing fee may be refunded to the person who paid a fee if

                               (a)    the Board decides in favour of the person, or

                              (b)    the matter is appealed to the Court and the Court decides in favour of the person.

(5)  The Board may allow or refuse a person to intervene in an appeal, and may set terms and conditions.

AR 220/2013 s10;165/2014;237/2017

Additional grounds

11(1)   A person may appeal a decision of the Registrar as to whether a building, portion of a building, or proposed building or portion of a proposed building is

                               (a)    a new home,

                              (b)    entitled to an exemption under the Act, or

                               (c)    otherwise exempt from the application of the Act.

(1.1)  A person affected by an action taken or a decision made by the Registrar under section 3.1 of the statute may appeal the action or decision.

(1.2)  Repealed AR 236/2017 s6.

(2)  The appeal procedure set out under the Act shall be followed for appeals under this section.

AR 220/2013 s11;165/2014;101/2016;236/2017

Applications for stay

12(1)  A person may apply for a stay under section 19 of the statute in the form and manner approved by the chair.

(2)  The chair shall notify the Registrar of any stay applications, and set or extend a deadline for a response.

(3)  The Board may

                               (a)    accept or refuse the application, or

                              (b)    repealed AR 165/2014 s12,

                               (c)    issue an order,

with or without reasons.

(4)  If the chair refers the application to the Board, the Board may hold a hearing to decide a stay application.

(5)  The Board may reconsider an application for a stay on the Board’s own motion.

AR 220/2013 s12;165/2014

Notice of hearing

13(1)  Unless section 22 applies, at least 21 days before the hearing date the Board must send to the parties by mail or by email a notice setting out

                               (a)    whether the Board intends to proceed with

                                        (i)    an oral appeal hearing conducted in person, or

                                      (ii)    an electronic hearing,

                              (b)    in the case of an oral hearing conducted in person, the time and place of the hearing of the appeal, and

                               (c)    in the case of an electronic hearing, the time and the information needed to participate in the hearing of the appeal.

AR 220/2013 s13;237/2017

Nature of hearing

14   For greater certainty, when hearing an appeal of a decision, an order or an administrative penalty, the Board may also consider, but is not bound by

                               (a)    any relevant guidelines and interpretation bulletins issued by the issuing authority, and

                              (b)    any matter on the record, including decisions of a compliance officer, the issuing authority or any other person.

AR 220/2013 s14;237/2017

Deadline for submissions

14.1   Subject to an order of the Board or a direction of a case manager, evidence and written submissions on which a party intends to rely must be submitted no later than 14 days before the hearing in which the party intends to introduce that evidence.

AR 237/2017 s7

Adjournments

15   The Board may grant an adjournment of a hearing for any period and on any terms it considers appropriate if the Board is satisfied that

                               (a)    there are compelling reasons for granting the adjournment, or

                              (b)    not granting the adjournment would amount to a denial of fairness to one or more of the parties to the appeal.

Case management

16(1)  A case manager may do one or more of the following:

                               (a)    correspond with parties on behalf of the Board;

                              (b)    make case management instructions that in the case manager’s opinion are desirable or necessary for the resolution of a matter before the Board;

                               (c)    provide parties with copies of correspondence received, decisions, authorities and other information relevant to an appeal;

                              (d)    hold meetings or discussions with parties to facilitate any of the actions outlined in this section;

                               (e)    refer any matter to a panel for a preliminary hearing;

                               (f)    refuse to accept an appeal or an application to intervene on behalf of the Board if

                                        (i)    the notice of appeal or application to intervene is not substantially complete, including instances where a means of contacting the party is not provided,

                                      (ii)    respecting a notice of appeal, the notice of appeal is not filed in time,

                                     (iii)    the filing fee is not paid in time, or

                                     (iv)    in the case manager’s opinion, the party’s claim is not properly before the Board;

                               (g)    identify potential parties and determine the extent of their involvement in an appeal, if any.

(2)  Parties may ask a case manager for case management instructions.

(3)  Parties may ask for a hearing with respect to case management instructions.

(4)  A party who disagrees with a case manager under this section may request a hearing within 10 days after receiving case management instructions.

(5)  The chair or a case manager may refer any matter to a hearing, with or without a prior request by a party.

(6)  A Board member who has acted as a case manager in respect of a matter may not participate in any subsequent hearing concerning the same matter unless all affected parties consent.

AR 220/2013 s16;237/2017

Representation by lawyer or other agent

17(1)  A party appearing before the Board may be represented by a lawyer or other agent.

(2)  An agent may not act for a party before the Board unless the party has provided the Board with written authorization for the agent to act in a form acceptable to the chair.

(3)  Subsection (2) does not apply

                               (a)    if the party attends before the Board, or

                              (b)    to a government employee who represents the issuing authority.

AR 220/2013 s17;237/2017

Hearing open to public

18(1)   Subject to subsections (2) and (3), all oral hearings and electronic hearings are open to the public.

(2)  If the Board considers it necessary to prevent the disclosure of intimate personal, financial or commercial matters or other matters because, in the circumstances, the need to protect the confidentiality of those matters outweighs the desirability of an open hearing, the Board may conduct all or part of the hearing in private.

(3)  If all or any part of an oral hearing or an electronic hearing is to be held in private, no party may attend the hearing unless the party files an undertaking stating that the party will hold in confidence any evidence heard in private.

(4)  Subject to subsection (5), all documents filed in respect of an appeal must be placed on the public record.

(5)  The Board may exclude documents from the public record

                               (a)    if the Board is of the opinion that disclosure of the document could reasonably be expected to disclose intimate personal, financial or commercial matters or other matters, and

                              (b)    the Board considers that the person’s interest in confidentiality outweighs the public interest in the disclosure of the document.

(6)  Nothing in this section limits the operation of any statutory provision that protects the confidentiality of information or documents.

Rules of Court

19   The provisions of the Alberta Rules of Court (AR 124/2010) do not apply to appeals.

Absence of party

20   If a party to an appeal fails to appear in person or by lawyer or other agent within one hour from the time set out in the notice given under section 13, the appeal may be

                               (a)    dismissed,

                              (b)    heard and determined in that party’s absence,

                               (c)    adjourned to a later time or date, or

                              (d)    continued subject to any terms and conditions of the Board,

as the Board considers proper in the circumstances.

Oral hearing procedures

21(1)  Hearings may be recorded at the Board’s discretion.

(2)  No hearing may be recorded unless the person making the recording is authorized to do so by the Board.

(3)  The Board may hold an electronic hearing unless a party satisfies the Board that holding an electronic hearing is likely to cause the party significant prejudice.

Appeal without hearing

22(1)  With the consent of the parties to an appeal, the consideration of the appeal may be conducted without a hearing before the chair or the Board.

(2)  Where an appeal is conducted under subsection (1) without a hearing, all matters concerning the appeal must be submitted in writing, or as otherwise directed by the Board, to the Board not more than 30 days after the parties provide their consent under subsection (1).

Dismissal of appeals

23   The Board may dismiss an appeal if the Board is of the opinion that

                               (a)    the appellant has not complied with an order of the Board or case management instructions by the date required,

                              (b)    the appeal

                                        (i)    has no reasonable chance of success,

                                      (ii)    is frivolous, trivial, vexatious or an abuse of process, or

                                     (iii)    has been appropriately dealt with in another proceeding,

                               (c)    the appeal is outside of the jurisdiction of the Board, or

                              (d)    the appellant has withdrawn the appeal.

Withdrawals

24(1)  A party may withdraw from an appeal in writing.

(2)  If a withdrawal is received by the Board less than 15 days before a scheduled hearing, the Board may allow a withdrawal with or without costs.

(3)  If an appellant provides an address to the Board, but correspondence, including by e‑mail, to that address is returned or rejected and the appellant does not provide a current address to the Board within 7 days, the appeal is suspended.

(4)  If an intervener provides an address to the Board, but correspondence, including by e‑mail, to that address is returned or rejected and the intervener does not provide a current address to the Board within 7 days,

                               (a)    the intervener’s status is suspended, and

                              (b)    the intervener is no longer entitled to notice of proceedings on the appeal.

(5)  If an appeal is suspended, the chair, the Board or a case manager may cancel any scheduled hearings, with or without notice to the parties.

(6)  A suspension under this section is lifted if the Board receives a current address from the appellant whose appeal was under suspension, or an intervener whose status was under suspension.

(7)  If an appeal is suspended for 21 days, the appeal is deemed to have been withdrawn.

(8)  If an intervener’s status is suspended for 21 days, the intervener loses intervener status.

(9)  An appeal which is deemed to have been withdrawn, or intervener status which is lost, may be restored with leave of the Board and made subject to terms and conditions.

Dispute resolution

25   The Board may, with or without a hearing, accept or reject a recommendation to resolve a dispute from the parties.

AR 220/2013 s25;237/2017

Reconsiderations

26(1)  The Board may correct typographical errors, errors of calculation and similar errors or omissions in its orders, decisions or reasons.

(2)  The Board may rehear any matter before making its decision, and may review, rescind or vary any order or decision made by it.

(3)  A party may apply for reconsideration of an order or decision of the Board by filing the application with the Board within one month of the date of the order or decision, accompanied by

                               (a)    the order or decision that is the subject of the request,

                              (b)    the reasons for the party’s application for reconsideration, and

                               (c)    any filing fee.

(4)  The Board may waive any filing requirement where it considers it to be appropriate.

(5)  The Board may accept or reject a request for reconsideration, with or without reasons.

(6)  The chair may refer a decision or order for reconsideration to the Board with instructions

                               (a)    to correct an error or omission,

                              (b)    to clarify a statement, or

                               (c)    to address an issue relating to a court decision or judicial review.

(7)  The Board shall notify all parties to the original decision of the reconsideration and provide a copy of any supporting material.

(8)  All parties to the original decision may file a submission within one month after receipt of the notice of reconsideration.

(9)  The Board may extend or abridge the time for filing a submission.

(10)  Reconsideration applications are to be heard in writing only.

(11)  The Board, on a reconsideration, may

                               (a)    dismiss the application,

                              (b)    return the matter to the original panel, or

                               (c)    refer the matter to a new panel,

and may set terms of the reconsideration order.

27   Repealed AR 165/2014 s13.

Evidence

28(1)  The Board is not bound by the rules of evidence in judicial proceedings.

(2)  Evidence may be given before the Board in any manner that the Board considers appropriate.

(3)  The Board may accept any oral or written evidence that the Board considers proper, whether or not it would be admissible in a court of law.

(3.1)  A copy of a permit issued by a permit issuer and submitted to the Board by an issuing authority 

                               (a)    is admissible without the attendance or affidavit of the permit issuer, and

                              (b)    the absence of proof to the contrary, shall constitute proof of the issuance of a permit and its contents.

(4)  No proceeding is invalid by reason of a defect or other irregularity in form.

AR 220/2013 s28;237/2017

Decisions and orders of Board

29(1)  The decisions and orders of the Board must be issued in writing.

(1.1)  The Board may, in accordance with the rules of the Board,  make an award of costs that the Board considers appropriate, relating to matters contained in the appeal or relating to the conduct of the appeal.

(2)  Reasons of the Board, including dissenting reasons, if any, may be issued orally or in writing.

(3)  A party to an appeal may ask the Board for written reasons within 14 days of the issuance of oral reasons.

AR 220/2013 s29;237/2017

Publication

30   The Board may publish its decisions, orders and reasons in any manner that the chair considers appropriate.

AR 220/2013 s30;237/2017

Transitional

30.1   Section 2(5) and (6) as they read immediately before the coming into force of section 3.1 of the statute continue to apply to multiple family dwellings built for rental purposes constructed under a building permit applied for before the coming into force of section 3.1 of the statute.

AR 165/2014 s14

31   Repealed AR 236/2017 s7.


Coming into force

32   This Regulation comes into force on the coming into force of section 28(2) of the New Home Buyer Protection Act.

Schedule   

Form 1
Compliance Order
(New Home Buyer Protection Act
section 12)

To                       (name)                  

of                      (address)                  

Take notice that:

This order is issued in respect of the following contravention (identify contravention and, if applicable, location of contravention):
                                                                                                               

                                                                                                               

You are hereby ordered, on or before       (date)        , pursuant to section 12 of the New Home Buyer Protection Act (“the Act”), to take, stop or modify the following action (set out the order):
                                                                                                               

                                                                                                               

This order is being issued because (set out the reasons):
                                                                                                               
                                                                                                               

Non‑compliance with this order is an offence under the Act.

Pursuant to sections 4, 5, 6, 15 and 26 of the Act, contravention of or failure to comply with this order may result in one or more of the following actions being taken against you:

                                  ‑    you might be prosecuted under the Act in respect of the contravention or failure to comply;

                                  ‑    you might have an administrative penalty imposed on you in respect of the contravention or failure to comply;

                                  ‑    you might be refused an authorization as an owner builder under the Act or have an authorization issued to you as an owner builder under the Act suspended or cancelled.

                                  -    you might be refused a residential builder licence, or, if you hold such a licence, you might be subject to disciplinary consequences.

This compliance order may be reviewed by the Registrar under section 13 of the Act if a written request for review is made within 30 days of the date of receipt of this order to   (name, address, telephone number and facsimile number of the Registrar)  .

The Registrar may make a decision on a review of the compliance order or may refer the review decision to the New Home Buyer Protection Board.

Dated this                  day of                 , 20    .

                                
Compliance Officer