New Home Buyer Protection (Ministerial) Regulation

(Consolidated up to 253/2025) ALBERTA REGULATION 220/2013 New Home Buyer Protection Act NEW HOME BUYER PROTECTION (MINISTERIAL) REGULATION Table of Contents 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and notices 6.1 Grounds for discharge of rental use designation 30.1 Transitional 32 Coming into force Schedule 1 Repealed AR 253/2025 s2. Application of Act 2 (1) In subsection (2)(b), (a) “building code” means the code declared in force with respect to buildings by section 1 of the Building Code Regulation (AR 5/2024); (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 Act: (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 (5) , (6) Repealed AR 165/2014 s2.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;69/2024; 253/2025 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 Act: (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;253/2025 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 3.01(1)(b) of the Act; (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), (i) repealed AR 253/2025 s4; (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 Act; (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 Act, (b) a notice of appeal has been filed under section 17 of the Act, or (c) that a review or appeal is underway, unless the Tribunal issues a stay of the compliance order under section 19 of the Act. (4) The form to be used under the Act is set out in the Schedule. AR 220/2013 s5;236/2017;253/2025 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 Tribunal 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 Tribunal regarding the service. AR 220/2013 s6;165/2014;237/2017;253/2025 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 Act 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 Act, or (ii) exempt from the requirement of obtaining required home warranty coverage under a provision other than section 3.1 of the Act. AR 165/2014 s5;253/2025 7 to 30 Repealed AR 253/2025 s6. Transitional 30.1 Section 2(5) and (6) as they read immediately before the coming into force of section 3.1 of the Act 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 Act. AR 165/2014 s14;253/2025 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 Land and Property Rights Tribunal. Dated this day of , 20 . Compliance Officer AR 220/2013 Sched;253/2025