AI-assisted research summary: This Regulation defines several home- and condominium-related terms and requires vendors, in specified purchase agreements, to use named addenda or information documents and to provide proof to the registrar on request.
Definitions 1. In this Regulation, “common elements condominium corporation” has the same meaning as in subsection 1 (1) of the Condominium Act, 1998; (“association condominiale de parties communes”) “condominium home” means a home of a type described in clause (c) of the definition of “home” in section 1 of the Ontario New Home Warranties Plan Act; (“logement condominial”) “condominium project” means the land and interests appurtenant to the land, as the land and interests are described or proposed to be described in any description required by the Condominium Act, 1998 and includes units and proposed units, as those terms are defined in that Act, that are to be used as homes; (“projet condominial”) “freehold home” means a home of a type described in clause (a) or (b) of the definition of “home” in section 1 of the Ontario New Home Warranties Plan Act; (“logement franc”) “parcel of tied land” means a parcel of land described in clause 139 (1) (a) of the Condominium Act, 1998 to which a common interest of an owner in a common elements condominium corporation attaches under clause 139 (2) (a) of that Act; (“parcelle de bien-fonds lié”) “purchase agreement” has the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Ontario New Home Warranties Plan Act; (“convention d’achat”) “purchaser” has the same meaning as in Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Ontario New Home Warranties Plan Act; (“acheteur”) “vacant land condominium corporation” has the same meaning as in subsection 1 (1) of the Condominium Act, 1998; (“association condominiale de terrain nu”) “vacant land condominium home” means a home constructed on a unit in a vacant land condominium corporation and sold by a vendor to a purchaser at the same time as the unit, where occupancy of the home is not provided before the closing of the sale of the unit. (“logement condominial de terrain nu”) Non-application to contracted homes 2. This Regulation does not apply to a contracted home within the meaning of Regulation 892 of the Revised Regulations of Ontario, 1990 (Administration of the Plan) made under the Ontario New Home Warranties Plan Act. Freehold home, vacant land condominium home 3. If, on or after the day this section comes into force, parties enter into a purchase agreement for a freehold home or a vacant land condominium home, the vendor shall, (a) ensure that the parties complete either, (i) the document entitled “The Freehold Home Addendum (Tentative Closing Date)” dated October 7, 2020 and available on the website of the regulatory authority, or (ii) the document entitled “The Freehold Home Addendum (Firm Closing Date)” dated October 7, 2020 and available on the website of the regulatory authority; (b) ensure that the document required to be completed under clause (a) forms part of the purchase agreement; and (c) upon request, furnish to the registrar proof that the requirement in clause (b) is met. Condominium home in condominium project 4. If, on or after the day this section comes into force, parties enter into a purchase agreement for a condominium home in a condominium project for which the description has been registered or is proposed to be registered under the Condominium Act, 1998, the vendor shall, (a) ensure that the parties complete either, (i) the document entitled “The Condominium Home Addendum (Tentative Occupancy Date)” dated October 7, 2020 and available on the website of the regulatory authority, or (ii) the document entitled “The Condominium Home Addendum (Firm Occupancy Date)” dated October 7, 2020 and available on the website of the regulatory authority; (b) ensure that the parties complete the document entitled “Information for Buyers of New/Pre-Construction Condominium Homes” dated April 20, 2022 and available on the website of the regulatory authority; (c) ensure that the documents required to be completed under clauses (a) and (b) form part of the purchase agreement; and (d) upon request, furnish to the registrar proof that the requirement in clause (c) is met. Freehold home — parcel tied to common elements condominium corporation 5. If, on or after the day this section comes into force, parties enter into a purchase agreement for a freehold home on a parcel of tied land for a common elements condominium corporation, the vendor shall, (a) ensure that the parties complete either, (i) the document entitled “The Limited Use Freehold Addendum (Tentative Occupancy Date)” dated October 7, 2020 and available on the website of the regulatory authority, or (ii) the document entitled “The Limited Use Freehold Addendum (Firm Occupancy Date)” dated October 7, 2020 and available on the website of the regulatory authority; (b) ensure that the document required to be completed under clause (a) forms part of the purchase agreement; and (c) upon request, furnish to the registrar proof that the requirement in clause (b) is met. Addenda — publicly available 6. The regulatory authority shall make publicly available the documents referred to in clauses 3 (a), 4 (a) and (b), and 5 (a), (a) on the regulatory authority’s website; and (b) at the offices of the regulatory authority during normal business hours. 7. Omitted (provides for coming into force of provisions of this Regulation).