Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Homeowner Protection Act; Insurance Act

Homeowner Protection Act Regulation

B.C. Reg. 29/99

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 September 4, 2015
March 6, 2019
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
February 5, 2021
February 10, 2023
Section 4.06 September 4, 2015
Section 4.1 July 4, 2016
March 11, 2021
Section 6 June 25, 2010
Section 7 March 6, 2019
Section 8 March 6, 2019
Section 10 June 25, 2010
Section 13 June 25, 2010
Section 19 November 19, 2007
Schedule 1 June 25, 2010
Schedule 1 Section 5 October 28, 2019
 Schedule 2 Section 1 March 11, 2021
Schedule 6 September 4, 2015
Schedule 7 September 4, 2015
Schedule 7 Section 2 July 1, 2019
Schedule 7 Section 2.1 July 1, 2019
Schedule 7 Section 3-4 July 1, 2019
 Schedule 7 Section 5 July 1, 2019

 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) definition of "building code", paragraph (a) BEFORE amended by BC Reg 38/2019, effective March 6, 2019.

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

 Section 1 (1) definition of "home warranty insurance" BEFORE amended by BC Reg 38/2019, effective March 6, 2019.

"home warranty insurance" has the same meaning as in section 189.1 (1) of the Insurance Act;

 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 Section 3 BEFORE repealed by BC Reg 182/2010, effective June 25, 2010.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 4.05 (2) (b) (v.1) was added by BC Reg 11/2021, effective February 5, 2021.

 Section 4.05 (2) (b) (i) and (v) BEFORE repealed by BC Reg 32/2023, effective February 10, 2023.

(i) the Architects Act,

(v) the Engineers and Geoscientists Act,

 Section 4.05 (2) (b) (v.1) BEFORE amended by BC Reg 32/2023, effective February 10, 2023.

(v.1) the Professional Governance Act, as it relates to professional engineering or professional geoscience,

 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 4.1 (3) (d) (v) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(v) affirming that the person has read the statutory protection provision of the Act and understands his or her obligations to future purchasers of the new home;

 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 7 BEFORE amended by BC Reg 38/2019, effective March 6, 2019.

Mandatory warranty conditions

7   For the purposes of section 189.1 (2) of the Insurance Act, home warranty insurance must include the mandatory warranty conditions set out in Schedule 2.

 Section 8 BEFORE amended by BC Reg 38/2019, effective March 6, 2019.

Minimum standards of coverage

8   For the purposes of section 189.1 (3) of the Insurance Act, home warranty insurance must provide, as applicable, the minimum standards of coverage set out in Schedule 3.

 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 1, section 5 (c) BEFORE amended by BC Reg 216/2019, effective October 28, 2019.

(c) Greater Vancouver Regional District;

 Schedule 2, section 1 (17) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.

(17) The mediator may conduct the mediation in any manner he or she considers appropriate to assist the parties to reach a resolution that is timely, fair and cost-effective.

 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.

 Schedule 7, Section 2 BEFORE re-enacted by BC Reg 38/2019, effective July 1, 2019.

Requirements

2   During the term of the residential builder licence, a residential builder licence holder or a single nominee of a residential builder licence holder must complete a minimum of 40 points of continuing professional development, to be determined as follows:

(a) the residential builder licence holder or nominee must complete courses or training

(i) in the areas of competency described in section 3, with at least 21 points being in one or more areas of competency referred to in section 3 (a), and

(ii) that are relevant to residential construction;

(b) the residential builder licence holder or nominee may claim one point after completing the number of hours specified in Column 2 of the table below, opposite the learning method specified in Column 1 and as described in section 4;

(c) the residential builder licence holder or nominee may not claim more than the number of points specified in Column 3 of the table below for the learning method specified opposite in Column 1.

ItemColumn 1Column 2Column 3
Learning methodHours of learning that must be completed to claim one pointMaximum claimable points for each
learning method
1Active practice2020
2Formal learning0.540
3Informal learning120

 Schedule 7, Section 2.1 was enacted by BC Reg 38/2019, effective July 1, 2019.

 Schedule 7, Section 3 and 4 BEFORE repealed by BC Reg 38/2019, effective July 1, 2019.

Areas of competency

3   The areas of competency for the purposes of section 2 (a) (i) of this Schedule are as follows:

(a) those areas of competency described in sections 2 to 5 of Schedule 6;

(b) those areas of competency described in sections 6 to 8 of Schedule 6;

(c) business ethics.

Learning methods

4   The learning methods for the purposes of section 2 of this Schedule are as follows:

(a) active practice, being the performance of construction management activities as a residential builder;

(b) formal learning, being attendance and participation in structured courses or training sessions

(i) offered by an organization described in section 5 of this Schedule,

(ii) that have as their primary purpose training in an area of competency described in Schedule 6, and

(iii) for which credit is awarded by the organization offering the course or session only after successful completion of a graded examination or assignment;

(c) informal learning, being

(i) attendance at conferences, seminars or workshops relevant to the construction industry, or meetings of professional or construction industry associations, if the primary purpose of the conference, seminar, workshop or meeting is to provide training in an area of competency described in Schedule 6,

(ii) participation in the development of research or education relevant to residential construction,

(iii) training provided by a supplier of a material or product used in residential construction, if the primary purpose of the training is to demonstrate or train in the proper use or application of the material or product, or

(iv) training provided by employers, if the primary focus of the session is to train in an area of competency described in Schedule 6.

 Schedule 7, Section 5 (part) BEFORE amended by BC Reg 38/2019, effective July 1, 2019.

5   The organizations for the purposes of section 4 (b) (i) are as follows: