This article is the first in a new series that will focus on the
upcoming changes to Ontario's new home warranty program. After
an independent review of the Ontario New Homes Warranty Plan
Act (the "Act") conducted by Honourable Justice
Cunningham, the government introduced two new laws that will change
the new home warranty regime in Ontario. The Protection
for Owners and Purchasers of New Homes Act, 2017 (the
"New Act") deals with the warranty program, while the New
Home Construction Licencing Act, 2017 deals with builder licensing.
This article will focus on the New Act and the enhancement of
consumer rights over builders.
Although the New Act is a law of the Province of Ontario, it is
not in force and does not have any regulations. Regulations
are rules that contain the details necessary to carry out a
law. In the absence of regulations, there is insufficient
information to engage in a substantive comparison of the content of
the warranty, claims and appeals
