Compliance
The role of the HPO’s compliance team is to seek compliance with the Homeowner Protection Act and regulations. The HPO's team of compliance officers perform on-site visits throughout the province. In cases where compliance still does not transpire, the HPO may issue compliance orders, recommend the issuance of monetary penalties by the Registrar, or submit cases to Crown Counsel to consider for prosecution and pursue civil court-ordered injunctions.
In addition, prior to issuing a building permit, municipalities and regional districts will check for proof of:
- licensing and warranty insurance (completed HPO New Home Registration Form) or an applicable exemption from licensing and warranty insurance.
- An exemption from licensing and warranty insurance from ownerbuilders (Owner Builder Authorization), or
- repair contractor licensing and warranty insurance from Licensed Building Envelope Renovators (HPO Building Envelope Renovation Schedule).
Potential violations of the Homeowner Protection Act can be reported to the Homeowner Protection Office at 1-800-407-7757. All calls regarding potential violations are kept confidential. Complaints will be investigated to determine whether offences have occurred under the Homeowner Protection Act.
Offences and Penalties Under the Homeowner Protection Act
Administrative Penalties
Compliance Orders and monetary penalties may be issued for non-compliance with various provisions (offences identified below) in the Act. The purpose of Compliance Orders is to remedy non-compliant behaviour.
The details of compliance orders are published regularly on this site. Monetary penalties will be issued for significant contraventions of the Act and may be issued for up to $25,000 per non-compliant act.
Conviction of Offence
Anyone convicted of an offence under the Homeowner Protection Act is liable for a fine of up to $25,000 or imprisonment for a term of not more than one year, or to both for individuals, and up to $100,000 for a corporation. Offences include:
- Building without a licence
- Performing applicable building envelope renovations without a licence
- Falsely claiming to be a Licensed Residential Builder
- Falsely claiming to be a Licensed Building Envelope Renovator
- Falsely claiming to be an ownerbuilder
- Building or selling a new home without home warranty insurance when required
- Performing building envelope renovations applicable to the regulations without arranging for home warranty insurance
- Failure to pay fees
- Failure to file or pass on an Owner Builder Authorization or Owner Builder Declaration and Disclosure Notice to subsequent purchasers as required, and
- Supplying false information on license applications, applications for Owner Builder Authorization, or Owner Builder Disclosure Notices.
Builders can be personally liable for their actions when the licensee is convicted of an offence under the Homeowner Protection Act, and the homeowner incurs financial losses that are the direct result of the offence, and the losses are not recoverable under the mandatory home warranty insurance policy.
