Norwest Nu-Tech Distributors Inc. (“NNTDI”), Elvin Rempel (“E. Rempel”), and Pamela Rempel (P. Rempel), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Creston, B.C. (the “New Home”), sometime in 2013 without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On September 1, 2017, BCH issued Compliance Order 17-0029 to NNTDI, E. Rempel and P. Rempel (E. Rempel and P. Rempel together, “the Rempels”) directing that NNTDI and the Rempels:
- immediately cease all construction activities on the New Home at the property (the “Property”);
- immediately either:
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home is being built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if E. Rempel or P. Rempel meets the eligibility requirements, either of the Rempels may apply for, and be issued, an Owner Builder Authorization for the New Home on the Property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation (the “Regulations”); and
- Until such time as the New Home is in compliance with the Act and Regulations, any offer to sell the New Home, or transfer of title of the Property by NNTDI, the Rempels, or anyone else, would not be legally permissible under the Act and Regulations unless permission to sell the New Home has been granted by the Registrar under section 22(1.2) of the Act.
NNTDI and the Rempels were ordered to comply with Compliance Order 17-0029 by September 22, 2017.