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Bill 200, Homeowner Protection Act, 2024

McCarthy, Hon. Todd J. Minister of Public and Business Service Delivery

Royal Assent received. Statutes of Ontario 2024,

chapter 18

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Bill 200 Royal Assent (PDF)

EXPLANATORY

NOTe

This Explanatory Note was written as a reader’s

aid to Bill 200 and does not form part of the law.

Bill 200 has been enacted as

Chapter 18 of the Statutes of Ontario, 2024.

SCHEDULE 1

NEW HOME CONSTRUCTION LICENSING ACT, 2017

The

Schedule amends the New Home Construction Licensing Act,

2017 . Here are some highlights:

1. Various

definitions are added to

section 1 of the Act and consequential amendments are

made to subsections 53 (1) and (2).

2. Amendments

are made with respect to requirements for purchase agreements and construction

contracts (see the repeal of subsections 53 (3) and (4) and the enactment of

section 53.1). Corresponding amendments are made to the regulation-making

authorities in subsection 83 (1).

3. New

section 53.2 requires vendors to deliver prescribed information to purchasers

of new freehold homes and other prescribed new homes. The

section also provides

for when a purchase agreement is binding on a purchaser as well as for the

purchaser’s right to rescind a purchase agreement. Related regulation-making

authorities are added to subsection 83 (1).

4. New

clause 84 (1) (i.2) permits the Minister to make regulations requiring the

regulatory authority to make specified documents available to the public and

prescribing the means for doing so.

SCHEDULE 2

ONTARIO HERITAGE ACT

The

Schedule amends the Ontario Heritage Act .

Previously, subsection 27 (16) provided that if an undesignated property is

included in the municipality’s register as of December 31, 2022, the council of

the municipality in which the property is situated must remove the property

from the register if the council does not give a notice of intention to

designate the property under subsection 29 (1) on or before January 1, 2025.

Paragraph 3 of subsection 27 (18) previously provided that if subsection 27

(16) requires the removal of a property from the register, the council may not

include the property again in the register until five years after January 1,

2025. The

Schedule changes both of these dates to January 1, 2027 or such later

date as may be prescribed.

The

Schedule also adds three new subsections to

section 27. Subsection 27

(19) provides that if an undesignated property included in the register is removed

from the register on or after the day subsection 1 (3) of the

Schedule comes

into force and subsection 27 (14), (15) or (16) of the Act does not require the

removal, the council may not include the property again in the register for a

period of five years after the date of the removal. Subsection 27 (20) provides

that if a property included in the register as of December 31, 2022 is removed

from register before the day subsection 1 (3) of the

Schedule comes into force

and subsection 27 (14) of the Act does not require the removal, subsections 27 (14),

(16) and (18) apply in respect of the property as they would if the property

had not been removed from the register. The council may not include the

property again in the register on or after the date on which subsection 27

(14) or (16) would have required its removal from the register had it not already

been removed, except in accordance with subsection 27 (18). If the council of

the municipality includes the property again in the register, subsections 27

(14), (16), (18) and (19) apply in respect of the property as they would if the

property had not been removed from the register. Subsection 27 (21) provides

that if a property included in the register on or after January 1, 2023 is

removed from the register before the day subsection 1 (3) of the

Schedule comes

into force and subsection 27 (14) of the Act does not require the removal, the

council may not include the property again in the register under subsection 27

(3) for a period of five years after the date of the removal.

SCHEDULE 3

ONTARIO NEW HOME WARRANTIES PLAN ACT

The

Ontario New Home Warranties Plan Act is amended to

permit the Corporation to make by-laws requiring the Corporation to make

specified documents available to the public and prescribing the means for doing

so. Other technical amendments are made to existing regulation-making

authorities.

SCHEDULE 4

PERSONAL PROPERTY SECURITY ACT

The

Schedule amends the Personal Property Security Act .

Section

54 of the Act is amended to provide that a notice of security interest may not

be registered in a land registry office in respect of collateral that is

consumer goods, except as provided by regulations that may be made by the

Minister responsible for the Act’s administration. Any notices of security

interest in respect of collateral that is consumer goods, or extensions of such

notices, that are in effect immediately before the day the Bill receives Royal

Assent are deemed to have expired on that day. A notice of security interest or

extension notice respecting collateral that is consumer goods that is deemed to

have expired, or that expired before the day the Bill receives Royal Assent,

may be deleted from title. Complementary amendments are made to sections 56 and

57. A new

section 74.2 extinguishes any causes of action against the Crown or

specified Crown actors arising directly or indirectly from the amendments made

by the

Schedule and other specified related matters, and provides for limitations

on proceedings and remedies in connection with those amendments and related

matters.

The

Schedule also amends references in the Act to the Minister responsible for its

administration and the ministry of that Minister, in order to update them and

make them consistent.

SCHEDULE 5

PLANNING ACT

Currently,

section 47 of the Planning Act authorizes the

Minister to, by order, exercise various powers conferred upon councils of

municipalities. Subsections 47 (20) to (28) set out limitations on the

availability of remedies. A new subsection 47 (29) provides that those

limitations do not apply, and are deemed to have never applied, in respect of

land designated as transit-oriented community land under subsection 2 (1) of

the Transit-Oriented Communities Act, 2020 .

Bill 200 2024

Act to amend various Acts with respect to homebuyers and homeowners, properties

of cultural heritage value or interest and certain planning matters

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

New

Home Construction Licensing Act, 2017

Schedule 2

Ontario

Heritage Act

Schedule 3

Ontario

New Home Warranties Plan Act

Schedule 4

Personal

Property Security Act

Schedule 5

Planning

Act

Preamble

The Government of Ontario:

Believes

that homeowners deserve protection from exploitative business practices,

including the misuse of notice of security interest registrations for consumer

goods;

Recognizes

that purchasing a home is among the most important decisions most Ontarians

will make in their lives;

Believes

that homebuyers should have adequate time to review their purchase agreement so

they can make a confident and informed decision when buying a new home;

Supports

increasing the clarity and flexibility of rules for non-designated properties

included in municipal registers of properties of cultural heritage value or

interest, while the government continues to take action to build more homes;

Believes that creating more homes, more jobs and

improved access to transit helps build vibrant communities.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Homeowner Protection Act, 2024 .

SCHEDULE 1

NEW HOME CONSTRUCTION LICENSING ACT, 2017

Subsection 1 (1) of the New Home Construction Licensing

Act, 2017 is amended by adding the following

definitions:

“construction

contract” means an agreement between a builder and an owner of land which

provides for the construction of a new home on the land; (“contrat de

construction”)

“new

freehold home” means a new 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 ; (“nouveau logement franc”)

“purchase

agreement” means an agreement between a vendor and any person providing for the

purchase by such a person of a new home; (“convention d’achat”)

“purchaser”

means a person who enters into a purchase agreement with a vendor for the

purchase of a new home and includes an assignee of the purchaser’s interest in

a purchase agreement; (“acquéreur”)

The heading to

Part IV of the Act is repealed and the following substituted:

PART IV

CONDUCT

(1) Subsection 53 (1) of the Act is amended by striking out “an

agreement in respect of the sale or other transfer as prescribed of a new home

to a purchaser” and substituting “a purchase agreement”.

(2) Subsection

53 (2) of the Act is amended by striking out “a contract for the construction

of a new home with an owner” and substituting “a construction contract”.

(3) Subsections

53 (3) and (4) of the Act are repealed.

The Act is amended by adding the following sections:

Requirements,

purchase agreement

53.1

(1) A

purchase agreement, and the parties to such an agreement, must satisfy the

requirements as may be set out in the regulations.

Same,

construction contract

(2) A

construction contract, and the parties to such a contract, must satisfy the

requirements as may be set out in the regulations.

Cooling-off

period

Prescribed

information

53.2

(1) In

addition to any requirement under subsection 53 (1), a vendor who enters into a

purchase agreement for a new freehold home, or other prescribed new home,

shall,

(

a) deliver

to the purchaser the information prescribed for the purposes of this

section in

respect of the home; and

(

b) comply

with such requirements as may be prescribed in respect of the information

referred to in clause (a).

Purchaser

not bound

(2) A

purchase agreement for a new freehold home or other prescribed new home is not

binding on the purchaser until,

(

a) the

vendor has delivered to the purchaser the information referred to in clause (1)

(a); and

(

b) the

requirements referred to in clause (1) (b), if any, are satisfied.

Rescission

of purchase agreement

(3) A

purchaser of a new freehold home or other prescribed new home may, in

accordance with subsection (4), rescind the purchase agreement before accepting

a deed to the new home being purchased that is in registerable form.

Notice

of rescission

(4) To

rescind a purchase agreement under this section, a purchaser shall give a

written notice of rescission to the vendor who must receive the notice within

10 days after the latest of the following:

1. The

date that the purchaser receives the information referred to in clause (1) (a).

2. The

date that the requirements referred to in clause (1) (b), if any, are

satisfied.

3. The

date that the purchaser receives a copy of the purchase agreement executed by

the vendor and the purchaser.

Refund

upon rescission

(5) If

a vendor receives a notice of rescission from a purchaser under this section,

the vendor shall promptly refund, without penalty or charge, to the purchaser,

all money received from the purchaser under the purchase agreement and credited

towards the purchase price, together with interest on the money calculated at

the prescribed rate from the date that the vendor received the money until the

date the vendor refunds it.

(1) Clause 83 (1) (

g) of the Act is amended by striking out the

portion before subclause (

i) and substituting the following:

(

g) governing

purchase agreements, including prescribing requirements for the purposes of

subsection 53.1 (1) and including,

. . . .

(2) Subclauses

83 (1) (g) (ii) and (iii) of the Act are repealed and the following

substituted:

(ii) requiring

the agreements or the parties to each agreement to include certain terms or

conditions specified in the regulations,

(iii) prohibiting

the agreements or the parties to each agreement from including certain terms or

conditions specified in the regulations, and

(3) Subclause

83 (1) (g) (iv) of the Act is amended by striking out “the purchaser” and

substituting “the parties”.

(4) Clause

83 (1) (

h) of the Act is amended by striking out the portion before subclause

(

i) and substituting the following:

(

h) governing

construction contracts, including prescribing requirements for the purposes of

subsection 53.1 (2) and including,

. . . .

(5) Subclauses

83 (1) (h) (ii) and (iii) of the Act are repealed and the following

substituted:

(ii) requiring

the contracts or the parties to each contract to include certain terms or

conditions specified in the regulations,

(iii) prohibiting

the contracts or the parties to each contract from including certain terms or conditions

specified in the regulations, and

(6) Subclause

83 (1) (h) (iv) of the Act is amended by striking out “the owner” and

substituting “the parties”.

(7) Subsection

83 (1) of the Act is amended by adding the following clauses:

(h.1) governing

the information that

section 53.2 requires a vendor to deliver to a purchaser,

including prescribing requirements in respect of the information;

(h.2) prescribing

other new homes for the purposes of

section 53.2 and exempting any class of purchase

agreements from the application of that section;

Subsection 84 (1) of the Act is amended by adding the following clause:

(i.2) requiring the regulatory authority to

make specified documents available to the public and prescribing the means for

doing so;

Section 90 of the Act is repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on a day the Homeowner Protection Act,

2024 receives Royal Assent.

(2) Sections

1 to 5 come into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 2

ONTARIO HERITAGE ACT

(1) Subsection 27 (16) of the Ontario Heritage

Act is amended by striking out “2025” at the end and substituting “2027

or such later date as may be prescribed”.

(2) Paragraph

3 of subsection 27 (18) of the Act is amended by striking out “2025” at the end

and substituting “2027 or such later date as may be prescribed”.

(3) Section

27 of the Act is amended by adding the following subsections:

Same

(19) If

a property included in the register under subsection (3) on or after January 1,

2023 or a predecessor of subsection (3) as of December 31, 2022 is removed from

the register on or after the day subsection 1 (3) of

Schedule 2 to the Homeowner Protection Act, 2024 comes into force and

subsection (14), (15) or (16) of this

section does not require the removal, the

council of the municipality may not include the property again in the register

under subsection (3) for a period of five years after the date of the removal.

Same

(20) If

a property included in the register under a predecessor of subsection (3) as of

December 31, 2022 is removed from the register before the day subsection 1 (3)

of

Schedule 2 to the Homeowner Protection Act, 2024

comes into force and subsection (14) of this

section does not require the

removal, the following rules apply:

1. Subsections

(14), (16) and (18) apply in respect of the property as they would if the

property had not been removed from the register.

2. The

council of the municipality may not include the property again in the register

under subsection (3) on or after the date on which subsection (14) or

(16) would have required the property’s removal from the register had it not already

been removed, except in accordance with subsection (18).

3. If

the council of the municipality includes the property again in the register,

subsections (14), (16), (18) and (19) apply in respect of the property as they

would if the property had not been removed from the register.

Same

(21) If

a property included in the register under subsection (3) on or after January 1,

2023 is removed from the register before the day subsection 1 (3) of

Schedule 2

to the Homeowner Protection Act, 2024 comes into

force and subsection (14) of this

section does not require the removal, the

council of the municipality may not include the property again in the register

under subsection (3) for a period of five years after the date of the removal.

Section 71 of the Act is amended by adding the following clauses:

(

g) facilitate

the implementation of amendments to this Act made by

Schedule 2 to the Homeowner Protection Act, 2024 ;

(

h) deal

with any problems or issues arising as a result of the enactment of a provision

of this Act made by

Schedule 2 to the Homeowner Protection

Act, 2024 .

Commencement

This

Schedule comes into force on the day the Homeowner

Protection Act, 2024 receives Royal Assent.

SCHEDULE 3

ONTARIO NEW HOME WARRANTIES PLAN ACT

(1) Subclauses 23 (1) (m.4) (ii) and (iii) of the Ontario New Home Warranties Plan Act are repealed and the

following substituted:

(ii) requiring

the agreements or the parties to each agreement to include certain terms or

conditions specified in the regulations,

(iii) prohibiting

the agreements or the parties to each agreement from including certain terms or

conditions specified in the regulations, and

(2) Subclause

23 (1) (m.4) (iv) of the Act is amended by striking out “the purchaser” and

substituting “the parties”.

(3) Subsection

23 (1) of the Act is amended by adding the following clause:

(m.5) requiring

the Corporation to make specified documents available to the public and

prescribing the means for doing so;

Commencement

(1) Except as otherwise provided for in this section, this

Schedule comes

into force on the day the Homeowner Protection Act, 2024

receives Royal Assent.

(2) Subsections

1 (1) and (2) come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 4

PERSONAL PROPERTY SECURITY ACT

Subsection 1 (1) of the Personal Property Security Act

is amended by adding the following

definitions:

“Minister”

means the Minister of Public and Business Service Delivery or such other member

of the Executive Council to whom responsibility for the administration of this

Act may be assigned or transferred under the Executive

Council Act ; (“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

Subsection 18 (11) of the Act is amended by striking out “responsible for the

administration of this Act”.

(1) Subsection 42 (2) of the Act is amended by striking out “of

Consumer and Business Services” at the end.

(2) Subsection

42 (5) of the Act is amended by striking out “of Consumer and Business

Services”.

(1) Clause 54 (1) (

a) of the Act is repealed and the following

substituted:

(

a) the

collateral is or includes fixtures or goods that may become fixtures or crops,

or minerals or hydrocarbons to be extracted, or timber to be cut, subject to

subsection (1.1); or

(2) Section

54 of the Act is amended by adding the following subsection:

Non-application

to consumer goods

(1.1) Clause

(1) (

a) does not apply with respect to collateral that is consumer goods,

except as may be provided by the regulations.

(3) Subsection

54 (2) of the Act is amended by adding “that is prescribed for the purposes of

subsection (1.1)” after “consumer goods”.

(4) Subsection

54 (4) of the Act is amended by striking out “registered under subsection (1)”.

(5) Subsection

54 (6) of the Act is amended by adding “that is prescribed for the purposes of

subsection (1.1)” after “consumer goods”.

(6) Section

54 of the Act is amended by adding the following subsections:

Deemed

expiry of certain notices

(7) A

notice registered under clause (1) (

a) or extension notice registered under

subsection (3) in respect of consumer goods that is in effect immediately

before the day the Homeowner Protection Act, 2024

receives Royal Assent is deemed to have expired on that day and,

(

a) for

greater certainty, the notice may not be extended under subsection (3); and

(

b) the

land described in the notice is not affected by any claim under the notice.

Deletion

from title

(8) A

notice registered under clause (1) (

a) or extension notice registered under

subsection (3) may be deleted from title by registering an application in the

proper land registry office in the form and manner approved by the Director of

Titles appointed under the Land Titles Act , if,

(

a) the

notice is deemed to have expired under subsection (7); or

(

b) the

notice was with respect to collateral that was consumer goods and it expired

before the day the Homeowner Protection Act, 2024

received Royal Assent.

Section 56 of the Act is amended by adding the following subsection:

Application

to certain notices

(2.0.1) Subsections

(1) and (2) apply with respect to a registered notice of security interest

respecting collateral that is consumer goods only if the consumer goods are

prescribed for the purposes of subsection 54 (1.1).

(1) Clause 57 (1) (

b) of the Act is repealed and the following

substituted:

(

b) a

certificate of discharge, if the consumer goods are prescribed for the purposes

of subsection 54 (1.1) and a notice of security interest has been registered

under that section.

(2) Subsection

57 (1.1) of the Act is repealed and the following substituted:

Transition

(1.1) Clause

(1) (b), as it read immediately before the day the Homeowner

Protection Act, 2024 received Royal Assent, continues to apply with

respect to a notice of security interest registered under

section 54 with

respect to consumer goods before that day, if all the obligations under a

security agreement that created the security interest were performed or

forgiven less than 30 days before that day.

(3) Subsection

57 (3) of the Act is repealed and the following substituted:

Rights

not affected

(3) Subsections

(1) and (2) do not affect any rights of a person under subsection 54 (8) or

section 56.

Subsection 73.1 (1) of the Act is amended by striking out “responsible for the

administration of this Act” in the portion before clause (a).

Subsection 74 (2) of the Act is amended by striking out “responsible for the

administration of this Act” wherever it appears.

Subsection 74.1 of the Act is amended by adding the following clause:

(b.1) for

the purposes of subsection 54 (1.1),

(

i) prescribing

consumer goods, and

(ii) governing

any transitional matter that may arise as a result of the making of a

regulation under subclause (i);

Part VI of the Act is amended by adding the following section:

Limitations

on remedies, amendments made by Homeowner Protection Act,

74.2

(1) No cause

of action arises against the Crown in right of Ontario or a current or former

member of the Executive Council or employee, officer or agent of the Crown in

right of Ontario as a direct or indirect result of,

(

a) the

enactment, operation, administration or repeal of the amendments made to this

Act by

Schedule 4 to the Homeowner Protection Act, 2024

or the making, operation, administration or revocation of any regulations under

clause 74.1 (b.1);

(

b) anything

done or not done under, in accordance with or otherwise in relation to the

amendments made to this Act by

Schedule 4 to the Homeowner

Protection Act, 2024 or regulations made under clause 74.1 (b.1),

including any Minister’s orders made under

section 73.1;

(

c) any

effect on an instrument or on contractual or other rights, including but not

limited to revocation, cessation, expiry, termination or modification of an

instrument or of contractual or other rights, as a result of the amendments

made to this Act by

Schedule 4 to the Homeowner Protection

Act, 2024 or regulations made under clause 74.1 (b.1); or

(

d) any

representation or other conduct by a current or former member of the Executive

Council or employee, officer or agent of the Crown in right of Ontario that is

related, directly or indirectly, to the amendments made to this Act by

Schedule

4 to the Homeowner Protection Act, 2024 or

regulations made under clause 74.1 (b.1).

remedy

(2) No

costs, compensation or damages, including for loss of revenues or loss of

profit, are owing or payable to any person, and no remedy, including but not

limited to a remedy in contract, restitution, unjust enrichment, tort,

misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or

any remedy under any statute, is available to any person in connection with

anything referred to in subsection (1).

Proceedings barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against the Crown in

right of Ontario or a current or former member of Executive Council or

employee, officer or agent of the Crown in right of Ontario.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief or enforcement of a judgment, order or award made outside

Ontario.

Retrospective

effect

(5) Subsections

(3) and (4) apply regardless of whether the cause of action on which the

proceeding is purportedly based arose before, on or after the day the Homeowner Protection Act, 2024 receives Royal Assent.

costs on dismissal

(6) No

costs shall be awarded against any person in respect of the dismissal of a

proceeding that cannot be brought or maintained under subsection (3).

Proceedings

by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

expropriation

(8) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Application

re certain agreements

(9) For

greater certainty, this

section applies with respect to a claim by a party to

any of the following agreements with the Crown in right of Ontario in relation

to a matter directly or indirectly arising from the agreement:

1. The

“Supplemental Royalty Payment Agreement”, effective December 16, 2010, between

Her Majesty the Queen in right of Ontario as represented by the Minister of

Finance and Teranet Inc. and Teranet Holdings LP.

2. The

“Second Amended and Restated License Agreement”, effective December 16, 2010,

between Her Majesty the Queen in right of Ontario as represented by the

Minister of Government Services and Teranet Inc.

3. Any

other agreement between the Crown in right of Ontario and one or more of the

following entities:

i. Teranet

Inc.

ii. Teranet

Holdings LP.

iii. Any

entity related to Teranet Inc. or Teranet Holdings LP.

iv. Any

permitted successor or assign of an entity referred to in subparagraph i, ii or

iii.

Clause 78 (3) (

c) of the Act is amended by striking out “of Consumer and

Business Services” at the end.

Commencement

This

Schedule comes into force on the day the Homeowner

Protection Act, 2024 receives Royal Assent.

SCHEDULE 5

PLANNING ACT

Section 47 of the Planning Act is amended by adding

the following subsection:

Exception

(29) Subsections

(20) to (28) do not apply, and are deemed to have never applied, in respect of

land designated as transit-oriented community land under subsection 2 (1) of

the Transit-Oriented Communities Act, 2020 ,

including any causes of action, amounts owing or payable, remedies or

proceedings relating directly or indirectly to such land.

Commencement

This

Schedule comes into force on the day the Homeowner

Protection Act, 2024 receives Royal Assent.

b200_e.pdf

EXPLANATORY NOTE

SCHEDULE 1

NEW HOME CONSTRUCTION LICENSING ACT, 2017

The

Schedule amends the New Home Construction Licensing Act, 2017 . Here are some highlights:

1. Various

definitions are added to

section 1 of the Act and consequential amendments are made to subsections 53 (1) and (2).

2. Amendments are made with respect to requirements for purchase agreements and construction contracts (see the repeal of subsections 53 (3) and (4) and the enactment of

section 53.1). Corresponding amendments are made to the regulation-making authorities in subsection 83 (1).

3. New

section 53.2 requires vendors to deliver prescribed information to purchasers of new freehold homes and other prescribed new homes. The

section also provides for when a purchase agreement is binding on a purchaser as well as for the purchaser’s right to rescind a purchase agreement. Related regulation-making authorities are added to subsection 83 (1).

4. New clause 84 (1) (i.2) permits the Minister to make regulations requiring the regulatory authority to make specified documents available to the public and prescribing the means for doing so.

SCHEDULE 2

ONTARIO HERITAGE ACT

The

Schedule amends the Ontario Heritage Act . Previously, subsection 27 (16) provided that if an undesignated property is included in the municipality’s register as of December 31, 2022, the council of the municipality in which the property is situated must remove the property from the register if the council does not give a notice of intention to designate the property under subsection 29 (1) on or before January 1, 2025. Paragraph 3 of subsection 27 (18) previously provided that if subsection 27 (16) requires the removal of a property from the register, the council may not include the property again in the register until five years after January 1, 2025. The

Schedule changes both of these dates to January 1, 2027 or such later date as may be prescribed.

The

Schedule also adds three new subsections to

section 27. Subsection 27 (19) provides that if an undesignated property included in the register is removed from the register on or after the day subsection 1 (3) of the

Schedule comes into force and subsection 27 (14), (15) or (16) of the Act does not require the removal, the council may not include the property again in the register for a period of five years after the date of the removal. Subsection 27 (20) provides that if a property included in the register as of December 31, 2022 is removed from register before the day subsection 1 (3) of the

Schedule comes into force and subsection 27 (14) of the Act does not require the removal, subsections 27 (14), (16) and (18) apply in respect of the property as they would if the property had not been removed from the register. The council may not include the property again in the register on or after the date on which subsection 27 (14) or (16) would have required its removal from the register had it not already been removed, except in accordance with subsection 27 (18).

If the council of the municipality includes the property again in the register, subsections 27 (14), (16), (18) and (19) apply in respect of the property as they would if the property had not been removed from the register. Subsection 27 (21) provides that if a property included in the register on or after January 1, 2023 is removed from the register before the day subsection 1 (3) of the

Schedule comes into force and subsection 27 (14) of the Act does not require the removal, the council may not include the property again in the register under subsection 27 (3) for a period of five years after the date of the removal.

SCHEDULE 3

ONTARIO NEW HOME WARRANTIES PLAN ACT

The Ontario New Home Warranties Plan Act is amended to permit the Corporation to make by-laws requiring the Corporation to make specified documents available to the public and prescribing the means for doing so. Other technical amendments are made to existing regulation-making authorities.

SCHEDULE 4

PERSONAL PROPERTY SECURITY ACT

The

Schedule amends the Personal Property Security Act .

Section 54 of the Act is amended to provide that a notice of security interest may not be registered in a land registry office in respect of collateral that is consumer goods, except as provided by regulations that may be made by the Minister responsible for the Act’s administration. Any notices of security interest in respect of collateral that is consumer goods, or extensions of such notices, that are in effect immediately before the day the Bill receives Royal Assent are deemed to have expired on that day.

A notice of security interest or extension notice respecting collateral that is consumer goods that is deemed to have expired, or that expired before the day the Bill receives Royal Assent, may be deleted from title. Complementary amendments are made to sections 56 and 57. A new

section 74.2 extinguishes any causes of action against the Crown or specified Crown actors arising directly or indirectly from the amendments made by the

Schedule and other specified related matters, and provides for limitations on proceedings and remedies in connection with those amendments and related matters.

The

Schedule also amends references in the Act to the Minister responsible for its administration and the ministry of that Minister, in order to update them and make them consistent.

SCHEDULE 5

PLANNING ACT

Currently,

section 47 of the Planning Act authorizes the Minister to, by order, exercise various powers conferred upon councils of municipalities. Subsections 47 (20) to (28) set out limitations on the availability of remedies. A new subsection 47 (29) provides that those limitations do not apply, and are deemed to have never applied, in respect of land designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020 .

Bill 200 2024

An Act to amend various Acts with respect to homebuyers and homeowners, properties of cultural heritage value or interest and certain planning matters

CONTENTS

Preamble

Contents of this Act

Commencement

Short title

Schedule 1

New Home Construction Licensing Act, 2017

Schedule 2

Ontario Heritage Act

Schedule 3

Ontario New Home Warranties Plan Act

Schedule 4

Personal Property Security Act

Schedule 5

Planning Act

Preamble

The Government of Ontario:

Believes that homeowners deserve protection from exploitative business practices, including the misuse of notice of security interest registrations for consumer goods;

Recognizes that purchasing a home is among the most important decisions most Ontarians will make in their lives;

Believes that homebuyers should have adequate time to review their purchase agreement so they can make a confident and informed decision when buying a new home;

Supports increasing the clarity and flexibility of rules for non-designated properties included in municipal registers of properties of cultural heritage value or interest, while the government continues to take action to build more homes;

Believes that creating more homes, more jobs and improved access to transit helps build vibrant communities.

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The

short title of this Act is the Homeowner Protection Act, 2024 .

SCHEDULE 1

NEW HOME CONSTRUCTION LICENSING ACT, 2017

1 Subsection 1 (1) of the New Home Construction Licensing Act, 2017 is amended by adding the following

definitions:

“construction contract” means an agreement between a builder and an owner of land which provides for the construction of a new home on the land; (“contrat de construction”)

“new freehold home” means a new 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 ; (“nouveau logement franc”)

“purchase agreement” means an agreement between a vendor and any person providing for the purchase by such a person of a new home; (“convention d’achat”)

“purchaser” means a person who enters into a purchase agreement with a vendor for the purchase of a new home and includes an assignee of the purchaser’s interest in a purchase agreement; (“acquéreur”)

2 The heading to

Part IV of the Act is repealed and the following substituted:

PART IV

CONDUCT

3 (1) Subsection 53 (1) of the Act is amended by striking out “an agreement in respect of the sale or other transfer as prescribed of a new home to a purchaser” and substituting “a purchase agreement”.

(2) Subsection 53 (2) of the Act is amended by striking out “a contract for the construction of a new home with an owner” and substituting “a construction contract”.

(3) Subsections 53 (3) and (4) of the Act are repealed.

4 The Act is amended by adding the following sections:

Requirements, purchase agreement

53.1

(1) A purchase agreement, and the parties to such an agreement, must satisfy the requirements as may be set out in the regulations.

Same, construction contract

(2) A construction contract, and the parties to such a contract, must satisfy the requirements as may be set out in the regulations.

Cooling-off period

Prescribed information

53.2

(1) In addition to any requirement under subsection 53 (1), a vendor who enters into a purchase agreement for a new freehold home, or other prescribed new home, shall,

(

a) deliver to the purchaser the information prescribed for the purposes of this

section in respect of the home; and

(

b) comply with such requirements as may be prescribed in respect of the information referred to in clause (a).

Purchaser not bound

(2) A purchase agreement for a new freehold home or other prescribed new home is not binding on the purchaser until,

(

a) the vendor has delivered to the purchaser the information referred to in clause (1) (a); and

(

b) the requirements referred to in clause (1) (b), if any, are satisfied.

Rescission of purchase agreement

(3) A purchaser of a new freehold home or other prescribed new home may, in accordance with subsection (4), rescind the purchase agreement before accepting a deed to the new home being purchased that is in registerable form.

Notice of rescission

(4) To rescind a purchase agreement under this section, a purchaser shall give a written notice of rescission to the vendor who must receive the notice within 10 days after the latest of the following:

1. The date that the purchaser receives the information referred to in clause (1) (a).

2. The date that the requirements referred to in clause (1) (b), if any, are satisfied.

3. The date that the purchaser receives a copy of the purchase agreement executed by the vendor and the purchaser.

Refund upon rescission

(5) If a vendor receives a notice of rescission from a purchaser under this section, the vendor shall promptly refund, without penalty or charge, to the purchaser, all money received from the purchaser under the purchase agreement and credited towards the purchase price, together with interest on the money calculated at the prescribed rate from the date that the vendor received the money until the date the vendor refunds it.

5 (1) Clause 83 (1) (

g) of the Act is amended by striking out the portion before subclause (

i) and substituting the following:

(

g) governing purchase agreements, including prescribing requirements for the purposes of subsection 53.1 (1) and including,

. . . . .

(2) Subclauses 83 (1) (g) (ii) and (iii) of the Act are repealed and the following substituted:

(ii) requiring the agreements or the parties to each agreement to include certain terms or conditions specified in the regulations,

(iii) prohibiting the agreements or the parties to each agreement from including certain terms or conditions specified in the regulations, and

(3) Subclause 83 (1) (g) (iv) of the Act is amended by striking out “the purchaser” and substituting “the parties”.

(4) Clause 83 (1) (

h) of the Act is amended by striking out the portion before subclause (

i) and substituting the following:

(

h) governing construction contracts, including prescribing requirements for the purposes of subsection 53.1 (2) and including,

. . . . .

(5) Subclauses 83 (1) (h) (ii) and (iii) of the Act are repealed and the following substituted:

(ii) requiring the contracts or the parties to each contract to include certain terms or conditions specified in the regulations,

(iii) prohibiting the contracts or the parties to each contract from including certain terms or conditions specified in the regulations, and

(6) Subclause 83 (1) (h) (iv) of the Act is amended by striking out “the owner” and substituting “the parties”.

(7) Subsection 83 (1) of the Act is amended by adding the following clauses:

(h.1) governing the information that

section 53.2 requires a vendor to deliver to a purchaser, including prescribing requirements in respect of the information;

(h.2) prescribing other new homes for the purposes of

section 53.2 and exempting any class of purchase agreements from the application of that section;

6 Subsection 84 (1) of the Act is amended by adding the following clause:

(i.2) requiring the regulatory authority to make specified documents available to the public and prescribing the means for doing so;

Section 90 of the Act is repealed.

Commencement

(1) Except as otherwise provided in this section, this

Schedule comes into force on a day the Homeowner Protection Act, 2024 receives Royal Assent.

(2) Sections 1 to 5 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 2

ONTARIO HERITAGE ACT

1 (1) Subsection 27 (16) of the Ontario Heritage Act is amended by striking out “2025” at the end and substituting “2027 or such later date as may be prescribed”.

(2) Paragraph 3 of subsection 27 (18) of the Act is amended by striking out “2025” at the end and substituting “2027 or such later date as may be prescribed”.

(3) Section 27 of the Act is amended by adding the following subsections:

Same

(19) If a property included in the register under subsection (3) on or after January 1, 2023 or a predecessor of subsection (3) as of December 31, 2022 is removed from the register on or after the day subsection 1 (3) of

Schedule 2 to the Homeowner Protection Act, 2024 comes into force and subsection (14), (15) or (16) of this

section does not require the removal, the council of the municipality may not include the property again in the register under subsection (3) for a period of five years after the date of the removal.

Same

(20) If a property included in the register under a predecessor of subsection (3) as of December 31, 2022 is removed from the register before the day subsection 1 (3) of

Schedule 2 to the Homeowner Protection Act, 2024 comes into force and subsection (14) of this

section does not require the removal, the following rules apply:

1. Subsections (14), (16) and (18) apply in respect of the property as they would if the property had not been removed from the register.

2. The council of the municipality may not include the property again in the register under subsection (3) on or after the date on which subsection (14) or (16) would have required the property’s removal from the register had it not already been removed, except in accordance with subsection (18).

3. If the council of the municipality includes the property again in the register, subsections (14), (16), (18) and (19) apply in respect of the property as they would if the property had not been removed from the register.

Same

(21) If a property included in the register under subsection (3) on or after January 1, 2023 is removed from the register before the day subsection 1 (3) of

Schedule 2 to the Homeowner Protection Act, 2024 comes into force and subsection (14) of this

section does not require the removal, the council of the municipality may not include the property again in the register under subsection (3) for a period of five years after the date of the removal.

Section 71 of the Act is amended by adding the following clauses:

(

g) facilitate the implementation of amendments to this Act made by

Schedule 2 to the Homeowner Protection Act, 2024 ;

(

h) deal with any problems or issues arising as a result of the enactment of a provision of this Act made by

Schedule 2 to the Homeowner Protection Act, 2024 .

Commencement

3 This

Schedule comes into force on the day the Homeowner Protection Act, 2024 receives Royal Assent.

SCHEDULE 3

ONTARIO NEW HOME WARRANTIES PLAN ACT

(1) Subclauses 23 (1) (m.4) (ii) and (iii) of the Ontario New Home Warranties Plan Act are repealed and the following substituted:

(ii) requiring the agreements or the parties to each agreement to include certain terms or conditions specified in the regulations,

(iii) prohibiting the agreements or the parties to each agreement from including certain terms or conditions specified in the regulations, and

(2) Subclause 23 (1) (m.4) (iv) of the Act is amended by striking out “the purchaser” and substituting “the parties”.

(3) Subsection 23 (1) of the Act is amended by adding the following clause:

(m.5) requiring the Corporation to make specified documents available to the public and prescribing the means for doing so;

Commencement

(1) Except as otherwise provided for in this section, this

Schedule comes into force on the day the Homeowner Protection Act, 2024 receives Royal Assent.

(2) Subsections 1 (1) and (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 4

PERSONAL PROPERTY SECURITY ACT

1 Subsection 1 (1) of the Personal Property Security Act is amended by adding the following

definitions:

“Minister” means the Minister of Public and Business Service Delivery or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

2 Subsection 18 (11) of the Act is amended by striking out “responsible for the administration of this Act”.

3 (1) Subsection 42 (2) of the Act is amended by striking out “of Consumer and Business Services” at the end.

(2) Subsection 42 (5) of the Act is amended by striking out “of Consumer and Business Services”.

4 (1) Clause 54 (1) (

a) of the Act is repealed and the following substituted:

(

a) the collateral is or includes fixtures or goods that may become fixtures or crops, or minerals or hydrocarbons to be extracted, or timber to be cut, subject to subsection (1.1); or

(2) Section 54 of the Act is amended by adding the following subsection:

Non-application to consumer goods

(1.1) Clause (1) (

a) does not apply with respect to collateral that is consumer goods, except as may be provided by the regulations.

(3) Subsection 54 (2) of the Act is amended by adding “that is prescribed for the purposes of subsection (1.1)” after “consumer goods”.

(4) Subsection 54 (4) of the Act is amended by striking out “registered under subsection (1)”.

(5) Subsection 54 (6) of the Act is amended by adding “that is prescribed for the purposes of subsection (1.1)” after “consumer goods”.

(6) Section 54 of the Act is amended by adding the following subsections:

Deemed expiry of certain notices

(7) A notice registered under clause (1) (

a) or extension notice registered under subsection (3) in respect of consumer goods that is in effect immediately before the day the Homeowner Protection Act, 2024 receives Royal Assent is deemed to have expired on that day and,

(

a) for greater certainty, the notice may not be extended under subsection (3); and

(

b) the land described in the notice is not affected by any claim under the notice.

Deletion from title

(8) A notice registered under clause (1) (

a) or extension notice registered under subsection (3) may be deleted from title by registering an application in the proper land registry office in the form and manner approved by the Director of Titles appointed under the Land Titles Act , if,

(

a) the notice is deemed to have expired under subsection (7); or

(

b) the notice was with respect to collateral that was consumer goods and it expired before the day the Homeowner Protection Act, 2024 received Royal Assent.

Section 56 of the Act is amended by adding the following subsection:

Application to certain notices

(2.0.1) Subsections (1) and (2) apply with respect to a registered notice of security interest respecting collateral that is consumer goods only if the consumer goods are prescribed for the purposes of subsection 54 (1.1).

6 (1) Clause 57 (1) (

b) of the Act is repealed and the following substituted:

(

b) a certificate of discharge, if the consumer goods are prescribed for the purposes of subsection 54 (1.1) and a notice of security interest has been registered under that section.

(2) Subsection 57 (1.1) of the Act is repealed and the following substituted:

Transition

(1.1) Clause (1) (b), as it read immediately before the day the Homeowner Protection Act, 2024 received Royal Assent, continues to apply with respect to a notice of security interest registered under

section 54 with respect to consumer goods before that day, if all the obligations under a security agreement that created the security interest were performed or forgiven less than 30 days before that day.

(3) Subsection 57 (3) of the Act is repealed and the following substituted:

Rights not affected

(3) Subsections (1) and (2) do not affect any rights of a person under subsection 54 (8) or

section 56.

7 Subsection 73.1 (1) of the Act is amended by striking out “responsible for the administration of this Act” in the portion before clause (a).

8 Subsection 74 (2) of the Act is amended by striking out “responsible for the administration of this Act” wherever it appears.

9 Subsection 74.1 of the Act is amended by adding the following clause:

(b.1) for the purposes of subsection 54 (1.1),

(

i) prescribing consumer goods, and

(ii) governing any transitional matter that may arise as a result of the making of a regulation under subclause (i);

Part VI of the Act is amended by adding the following section:

Limitations on remedies, amendments made by Homeowner Protection Act, 2024

74.2

(1) No cause of action arises against the Crown in right of Ontario or a current or former member of the Executive Council or employee, officer or agent of the Crown in right of Ontario as a direct or indirect result of,

(

a) the enactment, operation, administration or repeal of the amendments made to this Act by

Schedule 4 to the Homeowner Protection Act, 2024 or the making, operation, administration or revocation of any regulations under clause 74.1 (b.1);

(

b) anything done or not done under, in accordance with or otherwise in relation to the amendments made to this Act by

Schedule 4 to the Homeowner Protection Act, 2024 or regulations made under clause 74.1 (b.1), including any Minister’s orders made under

section 73.1;

(

c) any effect on an instrument or on contractual or other rights, including but not limited to revocation, cessation, expiry, termination or modification of an instrument or of contractual or other rights, as a result of the amendments made to this Act by

Schedule 4 to the Homeowner Protection Act, 2024 or regulations made under clause 74.1 (b.1); or

(

d) any representation or other conduct by a current or former member of the Executive Council or employee, officer or agent of the Crown in right of Ontario that is related, directly or indirectly, to the amendments made to this Act by

Schedule 4 to the Homeowner Protection Act, 2024 or regulations made under clause 74.1 (b.1).

No remedy

(2) No costs, compensation or damages, including for loss of revenues or loss of profit, are owing or payable to any person, and no remedy, including but not limited to a remedy in contract, restitution, unjust enrichment, tort, misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person in connection with anything referred to in subsection (1).

Proceedings barred

(3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against the Crown in right of Ontario or a current or former member of Executive Council or employee, officer or agent of the Crown in right of Ontario.

Application

(4) Subsection (3) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or enforcement of a judgment, order or award made outside Ontario.

Retrospective effect

(5) Subsections (3) and (4) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day the Homeowner Protection Act, 2024 receives Royal Assent.

No costs on dismissal

(6) No costs shall be awarded against any person in respect of the dismissal of a proceeding that cannot be brought or maintained under subsection (3).

Proceedings by Crown not prevented

(7) This

section does not apply with respect to proceedings brought by the Crown in right of Ontario.

No expropriation

(8) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Application re certain agreements

(9) For greater certainty, this

section applies with respect to a claim by a party to any of the following agreements with the Crown in right of Ontario in relation to a matter directly or indirectly arising from the agreement:

1. The “Supplemental Royalty Payment Agreement”, effective December 16, 2010, between Her Majesty the Queen in right of Ontario as represented by the Minister of Finance and Teranet Inc. and Teranet Holdings LP.

2. The “Second Amended and Restated License Agreement”, effective December 16, 2010, between Her Majesty the Queen in right of Ontario as represented by the Minister of Government Services and Teranet Inc.

3. Any other agreement between the Crown in right of Ontario and one or more of the following entities:

i. Teranet Inc.

ii. Teranet Holdings LP.

iii. Any entity related to Teranet Inc. or Teranet Holdings LP.

iv. Any permitted successor or assign of an entity referred to in subparagraph i, ii or iii.

11 Clause 78 (3) (

c) of the Act is amended by striking out “of Consumer and Business Services” at the end.

Commencement

12 This

Schedule comes into force on the day the Homeowner Protection Act, 2024 receives Royal Assent.

SCHEDULE 5

PLANNING ACT

Section 47 of the Planning Act is amended by adding the following subsection:

Exception

(29) Subsections (20) to (28) do not apply, and are deemed to have never applied, in respect of land designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020 , including any causes of action, amounts owing or payable, remedies or proceedings relating directly or indirectly to such land.

Commencement

2 This

Schedule comes into force on the day the Homeowner Protection Act, 2024 receives Royal Assent.

Date Bill stage Event Outcome Committee

June 6, 2024

Royal Assent

Royal Assent received

June 5, 2024

Third Reading

Vote

Carried

June 5, 2024

Third Reading

Question put

June 5, 2024

Third Reading

Debated

June 5, 2024

Second Reading

Ordered for Third Reading

June 5, 2024

Second Reading

Report adopted

June 5, 2024

Second Reading

Reported without amendment

June 5, 2024

Second Reading

Considered by Committee of the Whole House

June 5, 2024

Second Reading

Ordered referred to Committee of the Whole House

June 5, 2024

Second Reading

Vote

Carried

June 5, 2024

Second Reading

Question put

June 5, 2024

Second Reading

Debated

May 27, 2024

First Reading

Ordered for Second Reading

May 27, 2024

First Reading

Vote

Carried

First Reading

May 27, 2024

Carried

Ordered for Second Reading

Second Reading

June 5, 2024

Principal Debaters

Clancy, Aislinn

Kitchener Centre

Dixon, Jess

Kitchener South—Hespeler

Fife, Catherine

Waterloo

Harris, Mike

Kitchener—Conestoga

Karpoche, Bhutila

Parkdale—High Park

Kernaghan, Terence

London North Centre

McCarthy, Hon. Todd

Durham

Rakocevic, Tom

Humber River—Black Creek

Riddell, Brian

Cambridge

Shamji, Adil

Don Valley East

June 5, 2024

Question put

Carried

Ordered referred to Committee of the Whole House

June 5, 2024

Considered by Committee of the Whole House

Reported without amendment

Report adopted

Ordered for Third Reading

Third Reading

June 5, 2024

Debated

Question put

Carried

Royal Assent

June 6, 2024

Royal Assent received