NEW HOME BUYER PROTECTION ACT (RSA 2000 cN-3.2)

RSA 2000 cN-3.2

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Statutes of Alberta, 2012

Chapter N-3.2 Current as of December 1, 2025 NEW HOME BUYER PROTECTION ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the New Home Buyer Protection Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg.

Amendments New Home Buyer Protection Act New Home Buyer Protection (General) ......... 211/2013 ......... 159/2014, 31/2015, 97/2016, 206/2017, NOTE: AR 251/2025 s3 comes 56/2019, 210/2020, into force Jan 1, 2027 139/2021, 251/2025 New Home Buyer Protection (Ministerial) ............................................. 220/2013 ......... 165/2014, 101/2016, 236/2017, 237/2017, 297/2020, 69/2024, 253/2025

1 NEW HOME BUYER PROTECTION ACT

Chapter N-3.2 Table of Contents 1

Interpretation 1.1 Determination of protection period 2 Application 2.1 Requirement for licence or authorization

Part 1 Home Warranty Protection 3 Home warranty requirements 3.01 No sale of new home without warranty coverage or exemption 3.02 Discharge of caveats 3.1 Rental use designation 4 Statutory protection

Part 1.1 Licensing 4.1 Licensing 4.2 Renewal of licence 4.3 Conditions 4.4 Expiry of licence 4.5 Suspension or cancellation of licence 4.6 Notice of decision and surrender of licence 4.7 Holding out

Part 2 Owner Builder Authorizations 5 Authorizations for owner builders 6 Refusal, suspension or cancellation of authorization 7 Notice of refusal, suspension or cancellation of authorization

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 2

Part 3 Registrar and Compliance Officers 8 Registrar 8.01 Safety Code Council advice and recommendations 8.1 Delegation by Registrar 9 Registry 10 Appointment of compliance officers 11 Powers of compliance officers

Part 4 Enforcement and Reviews 12 Compliance orders 13 Review 14 Registrar’s decision 15 Administrative penalties 16 Enforcement of administrative penalties

Part 5 Appeals 17 Appeals 19 Effect of appeal 20 Powers of Tribunal 20.1 Costs 21 Appeal to Court 21.1 Decision admissible in appeal

Part 6 General Provisions 22 Protection from liability 23 Act prevails 24 Permits 25 Fees 26 Offence and penalty 27 Restitution 28 Regulations

Part 7 Consequential Amendments and Coming into Force 29 Consequential amendments 30 Coming into force

Section 1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 3 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “accredited agency” means an accredited agency as defined in the Safety Codes Act; (b) “accredited municipality” means an accredited municipality as defined in the Safety Codes Act; (c) “accredited regional services commission” means an accredited regional services commission as defined in the Safety Codes Act; (d) “administrative penalty”, ex cept where used in

section 4.5(1)(

g) in reference to a prescribed Act, means an administrative penalty imposed under

section 15; (e) “authorization” means an authorization issued by the Registrar under

section 5; (

f) repealed 2020 cL-2.3 s25; (g) “building envelope” means the collection of components that separate conditioned space from unconditioned space, the exterior air or the ground, or that separate conditioned spaces intended to be conditioned to temperatures differing by more than 10ºC at design conditions; (g.01) “building permit” means a building permit issued under the Safety Codes Act; (g.1) “common facilities” means (

i) property managed by a condominium corporation pursuant to its bylaws, and (ii) a unit in a building described in a condominium plan, or any portion of such a unit, that includes all or part of one or more of (

A) the building envelope, (

B) a delivery and distribution system that serves 2 or more units, (

C) a load-bearing part,

Section 1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 4 (

D) any common property as defined in

section 14(1)(

a) of the Condominium Property Act, and (

E) any area subject to an easement in favour of another unit, whether or not that unit or portion of a unit is intended for residential occupancy; (h) “common property” has the same meaning as in

section 1(1)(

f) of the Condominium Property Act; (i) “compliance officer” mean s a person appointed under

section 10 as a compliance officer; (j) “compliance order” means a compliance order issued under

section 12; (k) “Court” means the Court of King’s Bench; (l) “defects in the building enve lope” means defects that result in the failure of the building envelope to perform its intended function; (m) “delivery and distribution sy stems” include electrical, gas, plumbing, heating, ventilation and air-conditioning systems to which the Safety Codes Act applies and any other systems prescribed as delivery and distribution systems; (n) “home warranty insurance contract” means a contract of insurance issued by a warranty provider covering defects in the construction of a new home and consequential losses or costs incurred by the owner; (o) “insurance” means insu rance as defined in the Insurance Act; (o.1) “licence” means a licence issued under

Part 1.1; (p) “manufactured home” means a home that is constructed (

i) as an individual pre-assembled unit intended for delivery to a residential site, or (ii) from a number of pre-a ssembled units that are intended for delivery to and assembly at a residential site; (q) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act;

Section 1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 5 (r) “multiple family dwelling” means a building containing 2 or more dwelling units; (s) “new home” means a building, or a portion of a building, that is newly constructed or that is being constructed and is intended for residential occupancy and in respect of which the protection period has not expired, and includes (

i) a self-contained dwelling unit that (

A) is detached, (

B) is attached to one or more other self-contained dwelling units, or (

C) includes a secondary suite, (ii) common property, common facilities and other assets of a condominium corporation, (iii) any building or portion of a building that is of a class prescribed as a class of new home to which this Act applies, (iv) a building that is intended for residential occupancy and that is a reconstruction, and (

v) a manufactured home, but does not include a hotel, motel, dormitory, care facility, relocatable work camp or any building exempted by the regulations from the definition of new home; (t) “owner” means a person who purchases a new home or contracts with a residential builder to build a new home and includes (

i) a person who acquires a life interest in a new home, (ii) a condominium corporation under the Condominium Property Act in respect of the common property, common facilities and other assets, (iii) a cooperative incorporated under the Cooperatives Act, a corporation or a society having an ownership interest in a new home, and (iv) a subsequent purchaser of a new home, including a person who acquires a new home from a previous owner

Section 1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 6 through inheritance, gift, foreclosure or other legal means or operation of law; (u) “owner builder” means an individual who builds or intends to build a new home for personal use or a person prescribed as an owner builder to which this Act applies; (v) “permit issuer” means a perm it issuer as defined under the Safety Codes Act; (w) “personal information” means personal information as defined in the Protection of Privacy Act; (x) “prescribed” means prescribed or otherwise provided for in the regulations; (y) “protection period” means the protection period determined under

section 1.1; (z) “reconstruction” means a change, addition, alteration or repair to a building that is intended for residential occupancy and that is prescribed to be a reconstruction; (aa) “Registrar” means the pers on appointed under

section 8 as the Registrar; (bb) “registry” means the regist ry established under

section 9; (cc) “required home warranty coverage” means coverage under a home warranty insurance contract that meets the requirements of

section 3(6); (dd) “residential builder” means a person who engages in, arranges for or manages all or substantially all of the construction or reconstruction of a new home, or agrees to do any of those things, and includes a general contractor, but does not include an owner builder; (dd.1) “Tribunal” means the Land and Property Rights Tribunal established under the Land and Property Rights Tribunal Act; (ee) “warranty provider” means a warranty provider as defined in

section 548.1(1) of the Insurance Act.

(2) Repealed 2025 c13 s3.

Section 1.1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 7

(3) A reference to “purchase period” in a home warranty insurance contract entered into before August 1, 2014 is deemed to be a reference to “protection period” as defined in subsection (1)(y). 2012 cN-3.2 s1;2014 c5 s2;2017 c10 s2;2020 cL-2.3 s25;AR 217/2022; 2025 c13 s3;AR 141/2025 Determination of protection period 1.1(1) Subject to subsections (3), (4) and (6), the protection period in the case of a new home other than common property or common facilities is, (

a) for a new home constructed by a residential builder on land owned by the residential builder, where there is a transfer of title to the land by the residential builder to the owner, the 10-year period beginning on the earliest of (

i) the date the new home is first occupied, (ii) the date an accredited agency, accredited municipality or accredited regional services commission grants permission to occupy the new home, and (iii) the date the transfer of title to the new home is registered, (

b) for a new home constructed by a residential builder or an owner builder on land owned by the owner or the owner builder prior to permit issuance, the 10-year period beginning on the earlier of (

i) the date the new home is first occupied, and (ii) the date an accredited agency, accredited municipality or accredited regional services commission grants permission to occupy the new home, and (

c) for a new home constructed by a residential builder on land not owned by the owner, where there is no transfer of title to the land by the residential builder to the owner, the 10-year period beginning on the earlier of (

i) the date the new home is first occupied, and (ii) the date an accredited agency, accredited municipality or accredited regional services commission grants permission to occupy the new home.

Section 2

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 8

(2) Subject to subsections (5) and (6), the protection period in the case of common property or common facilities in a building is the 10‑year period beginning when the title to an inhabitable unit in the building or in a building in a phase of development of a condominium is transferred from a residential builder to a purchaser of a unit in an arm’s length transaction.

(3) The protection period for a dwelling unit included in a condominium plan registered in respect of a multiple family dwelling originally built for rental purposes is deemed to be the 10-year period beginning on the earlier of (

a) the date the unit was first occupied as a rental unit, and (

b) the date an accredited ag ency, accredited municipality or accredited regional services commission granted permission to occupy the unit as a rental unit.

(4) The protection period for a dwelling unit on land subdivided by a plan of subdivision, other than a condominium plan, registered in respect of a multiple family dwelling originally built for rental purposes is deemed to be the 10-year period beginning on the earlier of (

a) the date the unit was first occupied as a rental unit, and (

b) the date an accredited ag ency, accredited municipality or accredited regional services commission granted permission to occupy the unit as a rental unit.

(5) The protection period for common property and common facilities included in a condominium plan registered in respect of a multiple family dwelling originally built for rental purposes is as determined under the regulations.

(6) Despite

section 2, subsections (1) and (2) apply only to new homes constructed under a building permit applied for on or after August 1, 2014. 2014 c5 s3;2017 c10 s3;2020 c39 s11;2025 c13 s3 Application 2 This Act applies only to new homes constructed under a building permit applied for on or after February 1, 2014. 2012 cN-3.2 s2;2017 c10 s4 Requirement for licence or authorization 2.1(1) No residential builder shall build a new home except in accordance with a valid licence issued under

Part 1.1.

Section 3

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 9

(2) No owner builder shall build a new home except in accordance with a valid authorization issued under

Part 2. 2017 c10 s5

Part 1 Home Warranty Protection Home warranty requirements 3(1) No person shall build a new home unless (

a) the new home (

i) is registered with the Registrar, and (ii) except as authorized under subsection (1.1), has the required home warranty coverage, and (

b) the person has been offered the option to purchase the additional coverage referred to in subsection (7).

(1.1) Subject to the regulations made under

section 28(1)(h.2), the Registrar may, in an authorization issued under

section 5 to an owner builder in respect of a new home, authorize the owner builder to build the new home without having the required home warranty coverage.

(1.2) On issuing an authorization in accordance with subsection (1.1), the Registrar must, as soon as practicable, register a caveat against the certificate of title to the land on which the new home is to be constructed that provides notice that the new home does not have the required home warranty coverage.

(1.3) For the purpose of registering a caveat referred to in subsection (1.2) under the Land Titles Act, the Registrar is considered to have a claim to an interest in the land that is to be subject to the caveat.

(1.4) Sections 136, 137 and 138 of the Land Titles Act do not apply to a caveat referred to in subsection (1.2).

(1.5) Section 3.1(6) applies, with necessary modifications, to a caveat referred to in subsection (1.2).

(1.6) A caveat referred to in subsection (1.2) may only be discharged in accordance with

section 3.02.

(2) Repealed 2025 c13 s3.

Section 3

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 10

(3) Other than for the common property and common facilities in a building, (

a) for a new home constructed by a residential builder on land owned by the residential builder, where there is a transfer of title to the land by the residential builder to the owner, the required home warranty coverage begins on the date the protection period begins under

section 1.1(1)(a), (

b) for a new home constructed by a residential builder or an owner builder on land owned by the owner or the owner builder prior to permit issuance, the required home warranty coverage begins on the date the protection period begins under

section 1.1(1)(b), and (

c) for a new home constructed by a residential builder on land not owned by the owner, where there is no transfer of title to the land by the residential builder to the owner, the required home warranty coverage begins on the date the protection period begins under

section 1.1(1)(c).

(4) With respect to the common property and common facilities in a building, the required home warranty coverage begins on the date the protection period begins under

section 1.1(2).

(5) Repealed 2025 c13 s3.

(6) A home warranty insurance contract must provide coverage in accordance with the Insurance Act for (

a) defects in materials and labour for a period of at least one year starting on the date on which the coverage begins, (

b) defects in materials and labour related to delivery and distribution systems for a period of at least 2 years starting on the date on which the coverage begins, (

c) defects in the building envelo pe for a period of at least 5 years starting on the date on which the coverage begins, and (

d) structural defects for a peri od of at least 10 years starting on the date on which the coverage begins.

(7) A warranty provider must offer the option to purchase, at an additional premium, additional coverage covering (

a) defects in the building envelo pe for a prescribed period, and (

b) defects in other prescribed components of the new home for a prescribed period.

Section 3.01

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 11

(8) Repealed 2014 c5 s4. 2012 cN-3.2 s3;2014 c5 s4;2017 c10 s6;2025 c13 s3 No sale of new home without warranty coverage or exemption 3.01(1) A person must not sell nor offer to sell to a prospective owner a new home while the new home is being constructed or during the applicable protection period unless (

a) the new home (

i) has the required home warranty coverage for the protection period or the balance of the protection period, as the case may be, or (ii) does not have the required home warranty coverage but (

A) the person has been granted an exemption under subsection (3)(

a) in respect of the new home, and (

B) the Registrar provides the person with written permission to sell or offer to sell the new home, and (

b) the person provides the pros pective owner with a disclosure notice, in a form satisfactory to the Registrar, that states whether the new home has the required home warranty coverage.

(2) A person may, in accordance with the regulations, if any, apply to the Registrar for an exemption from the requirement under subsection (1)(a)(

i) in respect of a new home on the grounds that the person will suffer either of the following if the exemption is not granted: (

a) undue hardship; (

b) financial hardship.

(3) On receiving an application under subsection (2), the Registrar must, (

a) if satisfied that the application meets either of the grounds for an exemption, grant the exemption to the person who made the application and provide the person with a copy of the exemption, or (

b) if not satisfied that the application meets either of the grounds for an exemption, refuse to grant the exemption.

Section 3.02

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 12

(4) On granting an exemption under subsection (3)(a), the Registrar must, as soon as practicable, register a caveat against the certificate of title to the land on which the new home that is the subject of the exemption is located that provides notice that the new home does not have the required home warranty coverage unless (

a) a caveat has been previously registered against the certificate of title in accordance with this subsection or

section 3(1.2), and (

b) the previously registered caveat has not been discharged under

section 3.02.

(5) For the purpose of registering a caveat referred to in subsection (4) under the Land Titles Act, the Registrar is considered to have a claim to an interest in the land that is to be subject to the caveat.

(6) Sections 136, 137 and 138 of the Land Titles Act do not apply to a caveat referred to in subsection (4).

(7) Section 3.1(6) applies, with necessary modifications, to a caveat referred to in subsection (4).

(8) A caveat referred to in subsection (4) may only be discharged in accordance with

section 3.02. 2025 c13 s3 Discharge of caveats 3.02(1) The Registrar may, on application under subsection (2) or on their own initiative, discharge a caveat referred to in

section 3(1.2) or 3.01(4) only if the Registrar is satisfied that either of the following applies to the new home located on the land subject to the caveat: (

a) the new home has the required home warranty coverage; (

b) the protection period applicable to the new home has expired.

(2) A person may, in accordance with the regulations, if any, apply to the Registrar for a discharge of a caveat referred to in

section 3(1.2) or 3.01(4). 2025 c13 s3 Rental use designation 3.1(1) In this section, “rental use designation” means a designation of land by a residential builder or a sole owner provided to the Registrar under subsection (4)(a)(ii)(B).

Section 3.1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 13

(2) Subject to subsection (4), a residential builder of a multiple family dwelling built for rental purposes is exempt from the application of sections 3(1) and 3.01(1) in respect of the multiple family dwelling.

(3) Subject to subsection (4), a sole owner of a multiple family dwelling built for rental purposes is exempt from the application of

section 3.01(1) in respect of the multiple family dwelling.

(4) The exemptions in subsections (2) and (3) apply only if (

a) the residential builder or sole owner (

i) registers the multiple family dwelling with the Registrar, (ii) provides the Registrar with (

A) an acknowledgment in a form satisfactory to the Registrar of the obligations of the residential builder or the sole owner under this Act if the exemption ceases to apply, and (

B) a designation in a form and manner satisfactory to the Registrar respecting the land on which the multiple family dwelling is or is proposed to be located, (iii) pays the required fees, if any, and (iv) complies with subsection (8), (

b) the Registrar registers a cavea t in respect of the rental use designation under subsection (5) against the certificate of title to the land that is the subject of the rental use designation, and (

c) the caveat remains on the certificate of title during the protection period applicable to the multiple family dwelling under

section 1.1(1).

(5) Despite the Land Titles Act or any other enactment, the Registrar, or a registered owner of a parcel of land as the Registrar’s agent, may register a caveat in respect of the rental use designation against the title to the land that is the subject of the rental use designation.

(6) A caveat referred to in subsection (5) (

a) must be in a form satisfactory to the Registrar of Land Titles,

Section 3.1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 14 (

b) shall be registered against the certificate of title to the land that is the subject of the rental use designation, (

c) runs with the land, (

d) may be discharged only by the Registrar or an order of a court, (

e) does not lapse and shall not be cancelled except on the receipt by the Registrar of Land Titles of a notice in writing from the Registrar requesting the cancellation, and (

f) shall, subject to clauses (

d) and (

e) and subsection (9), remain registered against the certificate of title to the land, notwithstanding that subsequent to the caveat being registered another person gains title to any portion of the land through (

i) a foreclosure action, (ii) civil enfor cement proceedings, (iii) an action for specific performance, or (iv) tax recovery proceedings under the Municipal Government Act.

(7) Sections 136, 137 and 138 of the Land Titles Act do not apply to a caveat referred to in subsection (5).

(8) Where a caveat in respect of a rental use designation is registered as referred to in subsection (5), the land may not be (

a) sold, made subject to an agreement for sale or otherwise disposed of, unless it is sold to a person referred to in subsection (3), (

b) included in a condominium plan or a proposed condominium plan, or (

c) subdivided in any other manner, by the residential builder or the sole owner during the protection period applicable to the multiple family dwelling under

section 1.1 without the written permission of the Registrar.

(9) Subject to the regulations, the Registrar may discharge a caveat on application by the owner of a parcel of land that is the subject of the rental use designation.

Section 4

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 15

(10) Despite

section 2, this

section applies only to multiple family dwellings constructed under a building permit applied for on or after August 1, 2014. 2014 c5 s5;2017 c10 s7;2025 c13 s3 Statutory protection 4(1) This

section applies only to a new home that does not have home warranty coverage as required by this Act.

(2) Subject to subsection (2.1), a residential builder or an owner builder of a new home is deemed to have agreed with the prospective owner of the new home and subsequent owners of that home, to the extent of labour, materials and design supplied, used or arranged by the residential builder or owner builder, that, except to the extent prescribed, the new home, as it exists at the date the protection period begins, (

a) is free from defects in materials and labour and will remain so for a period of at least one year from the date the protection period begins, (

b) is free from defects in materials and labour related to delivery and distribution systems and will remain so for a period of at least 2 years from the date the protection period begins, (

c) is free from defects in the building envelope and will remain so for a period of at least 5 years from the date the protection period begins, and (

d) is free from structural defects and will remain so for a period of at least 10 years from the date the protection period begins.

(2.1) In subsection (2), with respect to the common property or common facilities in a building or a phase of development, “the date the protection period begins” means the date that is 180 days after the transfer of title described in

section 1.1(2).

(3) Any term of an agreement that purports to waive, exclude, limit or qualify the protection under subsection (2) is of no effect.

(4) The protection under subsection (2) applies for the benefit of the person who owns the new home at any time during the periods specified in subsection (2).

(5) The person who owns the new home when there is a breach of the protection under subsection (2) is deemed

Section 4.1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 16 (

a) to have given good consideration for the benefit of the protection, and (

b) to be the only person entitled to recover damages for a breach of the protection.

(6) Despite subsection (5), if the ownership of the new home changes during the course of an action for a breach of the protection under subsection (2), the new owner is entitled to be substituted as plaintiff and to enforce all rights that the former owner could have enforced.

(7) Nothing in this

section (

a) excludes, qualifies or lim its any other term, express or implied, or (

b) relieves any person of liability to which the person would otherwise be subject. 2012 cN-3.2 s4;2014 c5 s6;2020 c39 s11

Part 1.1 Licensing Licensing 4.1(1) The Registrar may, on application, issue a licence to a residential builder if (

a) the Registrar is satisfied that the residential builder meets the prescribed qualifications and conditions for licensing, (

b) where the residential builder is a corporation, the Registrar is satisfied that no individual about whom disclosure is required under subsection (3) would be refused a licence if the individual were an applicant, and (

c) the residential builder pays the required licence fee.

(2) The Registrar may (

a) require an applicant to take, or where the applicant is a corporation, to require any of its directors, officers or employees to take, courses and examinations for the purposes of ensuring that the applicant or the applicant’s directors, officers and employees meet the qualifications and conditions referred to in subsection (1)(a), and (

b) set and administer courses and examinations for the purposes of clause (a).

Section 4.2

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 17

(3) Where a residential builder applying for a licence or the renewal of a licence is a corporation, the residential builder must file a statement with the Registrar disclosing to the satisfaction of the Registrar the identity of all directors and officers of the corporation.

(4) If, after a statement is filed under subsection (3), there is any change in the information required to be disclosed, an updated statement must be filed with the Registrar forthwith.

(5) A licence is not transferable. 2017 c10 s8 Renewal of licence 4.2(1) A residential builder who holds a licence under this Part may, within the time prescribed, apply to the Registrar to have the licence renewed.

(2) The Registrar may renew the licence, with or without conditions and restrictions, if (

a) the Registrar is satisfied that the residential builder continues to meet the applicable requirements of

section 4.1, and (

b) the residential builder pays the required renewal fee. 2017 c10 s8 Conditions 4.3 Subject to the regulations, the Registrar may at any time impose conditions and restrictions on a licence issued or renewed under this Part. 2017 c10 s8 Expiry of licence 4.4 Subject to

section 4.5, a licence expires one year after the day it was issued or last renewed or, if an earlier expiry date is specified on the licence by the Registrar, on the specified date. 2017 c10 s8 Suspension or cancellation of licence 4.5(1) The Registrar may refuse to issue or renew or may at any time suspend or cancel, as the Registrar considers appropriate, the licence of a residential builder (

a) for any reason that would render the residential builder ineligible for a licence under

section 4.1 if the residential builder were applying for a licence under that section,

Section 4.6

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 18 (

b) if the residential builder has made a false statement about a material matter in the application for the licence or renewal or refuses to provide information about a material matter when requested to do so by the Registrar, (

c) if the residential builder is convicted of an offence under this Act or a prescribed offence under another Act, (

d) if the residential builder has breached a condition of the licence or a restriction on the licence, (

e) if the Registrar considers th at the application for the licence or renewal is not or was not made in good faith, (

f) if the residential builder has failed to comply with a compliance order or a prescribed order or direction under another Act, (

g) if the residential builder has failed to pay an administrative penalty under this Act or a prescribed Act, (

h) if the licence was issued in error, or (

i) in any other circumstances in which the Registrar considers the refusal, suspension or cancellation appropriate to avoid or reduce a risk to the public or any person.

(2) Subject to the regulations, the Registrar may reinstate a licence that has been suspended or cancelled if the Registrar is satisfied that it is appropriate to do so and that the issues that resulted in the suspension or cancellation have been addressed. 2017 c10 s8 Notice of decision and surrender of licence 4.6(1) If the Registrar refuses to issue or renew a licence or suspends, cancels or imposes conditions or restrictions on a licence, the Registrar shall serve the residential builder with notice of the decision.

(2) The notice must (

a) include written reasons for the Registrar’s decision, and (

b) advise the residential builder of the right under

section 17 to appeal the Registrar’s decision to the Tribunal.

(3) Where the Registrar suspends, cancels or refuses to renew the licence of a residential builder, the residential builder must forthwith surrender the licence to the Registrar. 2017 c10 s8;2020 cL-2.3 s25

Section 4.7

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 19 Holding out 4.7 A person who does not hold a valid licence under this Part shall not represent or hold out, expressly or by implication, that the person is licensed under this Part. 2017 c10 s8

Part 2 Owner Builder Authorizations Authorizations for owner builders 5(1) Subject to

section 6, the Registrar may, in accordance with the regulations, if any, issue an authorization, subject to any terms and conditions the Registrar considers appropriate, to an owner builder in respect of a new home if the owner builder (

a) registers the new home with the Registrar, (

b) meets the prescribed criteria, and (

c) pays the required fees, if any.

(2) The Registrar may issue an authorization under subsection (1) to a person who does not meet the criteria referred to in subsection (1)(

b) if the Registrar is satisfied that special circumstances justify doing so.

(3) Repealed 2017 c10 s9. 2012 cN-3.2 s5;2017 c10 s9;2025 c13 s3 Refusal, suspension or cancellation of authorization 6 The Registrar may refuse to issue an authorization to an owner builder or may at any time suspend or cancel, as the Registrar considers appropriate, an owner builder’s authorization (

a) if the owner builder does not meet the prescribed criteria referred to in

section 5(1)(

b) or does not pay the required fees, if any, under

section 5(1)(c), (

b) if the owner builder has made a false statement about a material matter in the application for an authorization or refuses to provide information about a material matter when requested to do so by the Registrar, (

c) if the owner builder is convicted of an offence under this Act, (

d) if the owner builder has breached a condition of the authorization or a restriction on the authorization,

Section 7

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 20 (

e) if the Registrar consider s that the application for the authorization is not or was not made in good faith, (

f) if the owner builder has fa iled to comply with a compliance order, (

g) if the owner builder has failed to pay an administrative penalty, or (

h) if the authorization was issued in error. 2012 cN-3.2 s6;2017 c10 s10 Notice of refusal, suspension or cancellation of authorization 7(1) If the Registrar refuses to issue an authorization, or suspends or cancels an authorization, the Registrar shall serve the owner builder with notice of the decision.

(2) If the Registrar suspends or cancels an authorization held by an owner builder to whom a building permit has been issued, the Registrar shall notify the permit issuer. 2012 cN-3.2 s7;2017 c10 s11;2025 c13 s3

Part 3 Registrar and Compliance Officers Registrar 8(1) The Minister shall appoint an employee of the Government as the Registrar to carry out the duties and powers of the Registrar under this Act.

(2) The Registrar is authorized to collect, directly or indirectly, the personal information needed to carry out the Registrar’s duties and powers.

(3) The Registrar may, for the purpose of assisting the public, publicly disclose information, including personal information, obtained under this Act and no liability results from the disclosure if it was made in good faith.

(4) The Registrar shall (

a) provide information to the Superintendent of Insurance appointed under the Insurance Act respecting (

i) any matter that is subject to the Insurance Act, and (ii) any compliance orders is sued to a warranty provider, and

Section 8.01

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 21 (

b) provide information to the Director of Fair Trading appointed under the Consumer Protection Act respecting any matter that is subject to the Consumer Protection Act.

(5) The Registrar (

a) may, on application by a permit issuer or an applicant for a permit, determine whether a building or a portion of a building or a proposed building or a portion of a proposed building is a new home to which this Act applies or is exempt from the application of this Act, and (

b) may, on application by a residential builder, owner builder or owner of a building or a proposed building that is subject to an exemption under this Act, provide notice that the building or proposed building is exempt from the application of this Act.

(6) The Registrar shall give notice of a decision to the applicant under subsection (5) and mail a copy to the registered owner of the land on which the building is or is proposed to be located. 2012 cN-3.2 s8;2014 c5 s7;2017 c18 s1(24);2025 c13 s3 Safety Code Council advice and recommendations 8.01(1) In this section, “Council” has the same meaning as in the Safety Codes Act.

(2) The Minister may request advice and recommendations from the Council on any matter to which this Act applies, including the following: (

a) the building or construction of a new home; (

b) the requirements applicable to a home warranty insurance contract; (

c) the licensing requirements applicable to a residential builder. 2025 c13 s3 Delegation by Registrar 8.1 Subject to the regulations, the Registrar may delegate any power or duty conferred or imposed on the Registrar by this Act to one or more employees of the Government of Alberta. 2014 c5 s8 Registry 9(1) The Registrar shall establish and maintain a registry that must include information on

Section 10

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 22 (

a) licences applied for, issued, renewed, suspended, cancelled or reinstated under this Act, (a.1) authorizations applied for, issued, suspended or cancelled under this Act, (a.2) exemptions applied for or issued under this Act, (

b) new homes built or under construction by residential builders, including details of the home warranty insurance contracts covering the new homes, (

c) new homes built or under construction by owner builders, including details of the home warranty insurance contracts covering the new homes, if applicable, (

d) persons in respect of whom administrative penalties have been imposed or compliance orders have been issued under this Act, (

e) persons convicted of an offence under this Act, and (

f) any other prescribed information.

(2) The Registrar shall establish and maintain an online registry accessible to the public that consists of any portion of the information in the registry as prescribed, and may publicly disclose that information. 2012 cN-3.2 s9;2017 c10 s12 Appointment of compliance officers 10(1) The Minister shall appoint one or more employees of the Government as compliance officers.

(2) The Minister shall provide compliance officers with identification cards for the purposes of this Act. Powers of compliance officers 11(1) For the purposes of this Act, a compliance officer may (

a) require an owner builder to produce any or all of the following: (

i) proof of the owner builder’s authorization; (ii) any records relating to the application for the authorization;

Section 11

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 23 (iii) any records relating to an exemption from a requirement under this Act, (

b) require a residential builder to produce any or all of the following: (

i) proof of the residential builder’s licence; (ii) any records relating to the application for the licence; (iii) proof that a new home built or under construction by the residential builder has the required home warranty coverage; (iv) any records relating to an exemption from a requirement under this Act, (b.1) require any person who the compliance officer reasonably believes is building a new home to produce proof that the person holds a licence or authorization or is exempt from a requirement under this Act and any records relating to the licence, authorization or exemption, (

c) enter and examine any premises, other than a private dwelling place, in which the compliance officer has reason to believe there is something to which this Act applies, (

d) interview any person to determine if there has been compliance with this Act, (

e) demand the production, within a reasonable time, of any record or document pertaining in any manner to compliance with this Act and on giving a receipt for it remove it for not more than 48 hours for the purpose of making copies of it, and (

f) exercise and perform any other prescribed powers and duties.

(2) A person shall not obstruct a compliance officer in the exercise of powers under this

section or withhold from him or her, or conceal or destroy, a record relevant to an investigation.

(3) A compliance officer, on the request of a person on the premises the compliance officer enters, shall produce the identification card provided under

section 10. 2012 cN-3.2 s11;2017 c10 s13

Section 12

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 24

Part 4 Enforcement and Reviews Compliance orders 12(1) A compliance officer may issue a compliance order to any person if the officer believes on reasonable and probable grounds that the person has failed to comply with this Act.

(2) A compliance order must be in the prescribed form, and must (

a) contain the following: (

i) the name of the person to whom the compliance order is issued; (ii) direction as to the action the person must take, stop or modify; (iii) the date by which the person must comply with the compliance order; (iv) the reasons for the compliance order; (

v) a statement of the person ’s right under

section 13 to request that the compliance order be reviewed by the Registrar; (vi) any other information required by the regulations, and (

b) be served on the person to whom it is issued.

(3) Without limiting subsection (2)(a)(ii), a compliance order may specify any of the following requirements: (

a) that a person must apply to obtain a licence or an authorization or to be granted an exemption in accordance with this Act; (

b) that a person must obtain the required home warranty coverage; (

c) that a person must provide to a prospective owner a copy of the disclosure notice referred to in

section 3.01(1)(b); (

d) that a person must provide documentation to a compliance officer to assist the officer in the execution of the officer’s duties;

Section 13

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 25 (

e) that a person must register a new home or the person’s intention to build a new home in accordance with this Act; (

f) any other prescr ibed requirement.

(4) A compliance officer may amend a compliance order, in which case subsection (2) applies to the amendment.

(5) If a compliance officer is satisfied that the circumstances that gave rise to a compliance order are no longer present or have been affected by other circumstances, the compliance officer may cancel the compliance order by serving written notice of the cancellation to the person to whom the compliance order was issued. 2012 cN-3.2 s12;2017 c10 s14;2025 c13 s3 Review 13(1) A person to whom a compliance order is issued may request that the Registrar review the compliance order.

(2) A request under subsection (1) must be made (

a) within 30 days after the person is served with the compliance order, or (

b) within the period specified by the Registrar, if the Registrar is satisfied that (

i) special circumstances existe d that precluded the filing of a request for review within the period required by clause (a), and (ii) an injustice would otherwise result.

(3) The Registrar may allow any other person affected by a compliance order to request a review of that compliance order under subsection (1) and may refuse such a request.

(4) A decision of the Registrar under subsection (3) refusing a request for a review is not appealable to the Tribunal.

(5) A request under subsection (1) must be in writing, must identify the error the person believes was made or the other grounds on which the review is requested and must be accompanied with the required fee, if any.

(6) The Registrar may refer a request for a review of a compliance order directly to the Tribunal.

(7) Within 30 days after the service of a compliance order, the Registrar, on the Registrar’s own initiative, may initiate a review of

Section 14

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 26 that order by serving notice of the intention to do so on the person to whom it was issued. 2012 cN-3.2 s13;2020 cL-2.3 s25 Registrar’s decision 14(1) Unless the Registrar refers a request for a review under

section 13(1) to the Tribunal under

section 13(6), the Registrar, as soon as practicable after receiving a request under

section 13(1) or initiating a review under

section 13(7), shall review the compliance order and (

a) confirm, vary or cancel th e compliance order or refer the matter back to the compliance officer with or without directions, (

b) notify the person who requested the review in writing of (

i) the Registrar’s decision, (ii) the reasons for the decision, and (iii) the person’s right to appeal the decision to the Tribunal, and (

c) provide a copy of the notice referred to in clause (

b) to the compliance officer who issued the compliance order.

(2) The Registrar (

a) shall consider the submissions of the person who requested a review of a compliance order, and (

b) may review the matter on the basis of documents only, or may make any investigation of the matter that the Registrar considers necessary. 2012 cN-3.2 s14;2020 cL-2.3 s25 Administrative penalties 15(1) The Registrar, in accordance with this

section and the regulations, may impose an administrative penalty on a person who (

a) contravenes a provision of this Act the contravention of which is prescribed as a contravention in respect of which an administrative penalty may be imposed, (

b) fails to comply with a compliance order, or (

c) fails to comply with a term or condition of an authorization.

Section 15

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 27

(2) An administrative penalty may be (

a) a single amount, or (

b) an amount for each day that the contravention or failure to comply continues, but the total amount of an administrative penalty must not exceed $100 000.

(2.1) Where a contravention or failure to comply referred to in subsection (1) is in respect of a multiple family dwelling, a separate administrative penalty may be imposed for each dwelling unit that is a new home within the multiple family dwelling.

(3) If, in the opinion of the Registrar, a person who is subject to an administrative penalty under subsection (2)(

b) is taking reasonable measures to remedy the contravention or failure to comply, the Registrar, in writing, may suspend the application of a daily penalty on any terms and conditions the Registrar considers appropriate.

(4) If an administrative penalty is imposed on a person, the Registrar shall serve a notice of the administrative penalty on the person.

(5) A notice under subsection (4) must state the following: (

a) the name of the person liable to pay the administrative penalty; (

b) the reasons for imposing the administrative penalty; (

c) the amount of the administrative penalty and whether it is imposed as a single amount or as an amount for each day that the contravention or failure to comply continues; (

d) the date by which the administrative penalty is to be paid; (

e) that the person liable to pay the administrative penalty may, under

section 17, appeal the imposition of the penalty or the amount of the penalty, or both; (

f) any other prescribed information.

(6) An administrative penalty may be imposed on one or more directors, officers or other persons who authorized, permitted or acquiesced in a contravention or failure to comply by a corporation for which an administrative penalty may be imposed, whether or

Section 16

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 28 not an administrative penalty has been imposed on the corporation for the same contravention or failure to comply.

(6.1) An administrative penalty may be imposed jointly and severally on a corporation and one or more directors, officers or other persons referred to in subsection (6).

(7) An administrative penalty must be paid (

a) within 30 days after the date on which the notice of administrative penalty referred to in subsection (4) is served on the person, or (

b) if an appeal is commenc ed regarding the administrative penalty, by depositing an irrevocable letter of credit in the amount of the administrative penalty with the President of Treasury Board and Minister of Finance within 30 days after the date on which the notice of administrative penalty referred to in subsection (4) is served on the person.

(8) A person who pays an administrative penalty in respect of a contravention or failure to comply shall not be charged under this Act with an offence in respect of the contravention or failure to comply that is described in the notice of administrative penalty. 2012 cN-3.2 s15;2014 c5 s9;2017 c10 s15 Enforcement of administrative penalties 16(1) When the appeal period has expired or the Tribunal has dismissed the appeal in whole or in part, the Registrar may enforce the administrative penalty by filing in the Court a certified copy of the notice of the administrative penalty, and on the notice being filed, the administrative penalty constitutes a debt payable to the Crown in right of Alberta, who may take proceedings on the notice as if it were a judgment of the Court.

(2) If the Tribunal varies an administrative penalty, a copy of the order varying the administrative penalty shall be filed in the Court and subsection (1) applies to the administrative penalty as if the order of the Tribunal were the notice referred to in subsection (1). 2012 cN-3.2 s16;2020 cL-2.3 s25

Part 5 Appeals Appeals 17(1) A person (

a) who has been refused a licence or renewal of a licence, (a.1) whose licence is made subject to conditions or restrictions,

Section 17

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 29 (a.2) whose licence has been cancelled or suspended, (a.3) who has been refused an authorization, (

b) whose authorization is made subject to terms and conditions, (

c) whose authorization has been cancelled or suspended, (

d) whose application for an exemption under

section 3.01(2) has been refused, (d.1) who is affected by an y of the following decisions: (

i) the Registrar’s refusal to provide the person with the written permission referred to in

section 3.01(1)(a)(ii)(

B) or 3.1(8); (ii) the Registrar’s determination that the exemption under

section 3.1(2) or (3) does not apply to the person; (iii) the Registrar’s determina tion under

section 8(5)(

a) as to whether a building or a portion of a building, or a proposed building or a portion of a proposed building, is a new home to which this Act applies or is exempt from the application of this Act, (

e) to whom a compliance order has been issued that has been reviewed by the Registrar under

section 14, (

f) who has been served with a notice of administrative penalty under

section 15, or (

g) who is affected by a decision for which grounds for appeal are prescribed, may appeal the decision, order or administrative penalty by filing with the Tribunal a notice of appeal within 30 days after being notified in writing of the decision, order or administrative penalty.

(2) The Tribunal may allow any other person affected by a compliance order to appeal that order under subsection (1).

(3) A notice of appeal filed under subsection (1) must be accompanied with payment of the applicable fee imposed under

section 25. 2012 cN-3.2 s17;2014 c5 s10;2017 c10 s16;2020 cL-2.3 s25; 2025 c13 s3 18 Repealed 2020 cL-2.3 s25.

Section 19

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 30 Effect of appeal 19(1) Subject to subsection (2), an appeal under this Part of a decision or order does not affect the status or enforceability of the decision or order being appealed.

(1.1) An appeal under this Part of an administrative penalty does not affect the status or enforceability of the administrative penalty being appealed.

(2) A person who files a notice of appeal under

section 17 may apply to the Tribunal to stay the decision or order being appealed until the Tribunal renders its decision on the appeal.

(3) On receiving an application under subsection (2) and after allowing the Registrar to make representations, the Tribunal may, if the Tribunal considers it appropriate, order a stay of the decision or order being appealed until the Tribunal renders its decision on the appeal. 2012 cN-3.2 s19;2014 c5 s12;2020 cL-2.3 s25 Powers of Tribunal 20(1) For the purposes of conducting appeals before the Tribunal, (

a) the chair and the other members of the Tribunal have the same power as is vested in the Court for the trial of civil actions (

i) to summon and enforce the attendance of witnesses, (ii) to compel witnesses to give evidence on oath or otherwise, (iii) to compel witnesses to give evidence in person or otherwise, and (iv) to compel witnesses to produce any record, object or thing that relates to the matter being heard, (a.1) the Tribunal may decide questions of the sufficiency, validity or timeliness of service of documents under this Act, (

b) the Tribunal may take evidence under oath, (

c) any member of the Tribunal may administer oaths for the purpose of taking evidence, and (

d) the Tribunal may reconsider a previous decision made by the Tribunal.

Section 20.1

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 31

(2) If any person fails to attend, to answer questions or to produce a record, object or thing as required under subsection (1)(a), or conducts himself or herself in a manner that might be in contempt of the Tribunal or its proceedings, the Tribunal may apply to the Court for an order committing that person for contempt in the same manner as if that person were in breach of an order or judgment of that Court, or restraining any conduct found by the Court to be in contempt of the Tribunal or its proceedings.

(3) On an application under subsection (2), the Court may grant any order that, in the opinion of the Court, is necessary to enable the Tribunal to carry out its duties. 2012 cN-3.2 s20;2014 c5 s13;2020 cL-2.3 s25 Costs 20.1(1) The Tribunal may order costs against a person in any circumstances as the Tribunal determines to be appropriate.

(2) An order of the Tribunal under subsection (1) may be registered in the Personal Property Registry and at a land titles office and, on registration, has the same effect as if it were a registered writ of enforcement issued after judgment has been entered in an action by the Court. 2014 c5 s14;2020 cL-2.3 s25 20.2 Repealed 2020 cL-2.3 s25.

Appeal to Court 21(1) The Registrar or a person whose appeal is heard by the Tribunal may appeal the decision of the Tribunal by filing an application with the Court and serving the application on any other parties to the appeal heard by the Tribunal within 30 days after being notified in writing of the decision, and the Court may make any order that the Tribunal may make under this Part.

(2) An appeal lies from a decision of the Tribunal to the Court only on a question of law or jurisdiction.

(3) The decision of the Court is final and cannot be further appealed. 2012 cN-3.2 s21;2014 c5 s15;2020 cL-2.3 s25 Decision admissible in appeal 21.1 A copy of a decision of the Tribunal that is certified by the person who presided at the appeal before the Tribunal or by the chair of the Tribunal as being a true copy of the original decision is proof, in the absence of evidence to the contrary, of the decision

Section 22

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 32 and is admissible in evidence without proof of the appointment or signature of the person who signed the certificate. 2014 c5 s16;2020 cL-2.3 s25

Part 6 General Provisions Protection from liability 22 No action lies against the Crown or its employees or officers, a permit issuer, an accredited agency or its employees or officers, an accredited municipality or its employees or officers, an accredited regional services commission or its employees or officers, the Tribunal or its members or employees or a person appointed or engaged to perform a duty or exercise a power for the Tribunal, for anything done or omitted to be done by any of them in good faith while exercising their powers and performing their duties under this Act. 2012 cN-3.2 s22;2020 cL-2.3 s25 Act prevails 23(1) Any waiver or release by a person of the person’s rights, benefits or protections under this Act is void. (2) Subsection (1) does not apply to a release made by a person in the settlement of a dispute.

Permits 24(1) A permit issuer shall not issue a building permit for a proposed new home unless the applicant for the permit provides evidence, in a form acceptable to the Registrar, that the proposed new home complies with the requirements of this Act.

(2) On request of the Registrar, a permit issuer shall forward to the Registrar information provided by applicants for permits under subsection (1). 2012 cN-3.2 s24;2017 c10 s17 Fees 25 The Minister may by order impose fees for any one or more of the following: (

a) for registering a new home or other information with the Registrar; (

b) for searching the registry; (b.1) for licences; (

c) for authorizations;

Section 26

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 33 (

d) for filing notices of appeal under

section 17; (

e) for any other matter under this Act in respect of which payment of a fee may be required; (

f) for requesting a review under

section 13. 2012 cN-3.2 s25;2017 c10 s18 Offence and penalty 26(1) Every person who (

a) interferes with or in any manner hinders the Registrar or a compliance officer in the exercise of the Registrar’s or compliance officer’s powers or performance of the Registrar’s or compliance officer’s duties under this Act, (

b) knowingly furnishes false or misleading information in any application under this Act or in any statement, form, report or return required to be furnished under this Act, (

c) fails to prepare, submit or retain any information that the person is required by this Act to prepare, submit or retain, or (

d) contravenes (

i) this Act, (ii) a regulation made under this Act where the regulation specifies that it is an offence to contravene or fail to comply with the regulation, (iii) a term or condition in a licence, authorization or exemption, or (iv) a compliance order, is guilty of an offence and is liable (

e) for a first offence, to a fine of not more than $100 000, and (

f) for a 2nd or subsequent offence, to a fine of not more than $500 000.

(2) If a corporation commits an offence under subsection (1), every director, officer or other person who authorized, permitted or acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the fine provided for the offence, whether or not the corporation has been prosecuted for or convicted of the offence.

Section 27

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 34

(3) A prosecution for an offence under this Act must be commenced by the later of (a) 3 years after the date on which the act or omission that is alleged to constitute the offence occurred, and (

b) one year after the date on which the Registrar learned of the act or omission referred to in clause (a). 2012 cN-3.2 s26;2017 c10 s19;2025 c13 s3 Restitution 27(1) A justice who convicts a defendant of an offence under this Act may, on the application of the Minister of Justice or of a person aggrieved or that person’s representative, at the time sentence is imposed, order the defendant to pay to an aggrieved person an amount as restitution for loss of or damage to property suffered by the aggrieved person as a result of the commission of the offence if the amount is readily ascertainable.

(2) If an amount that is ordered to be paid under subsection (1) is not paid within the time ordered by the justice, the applicant may, by filing the order, enter as a judgment in the Court of King’s Bench the amount ordered to be paid, and that judgment is enforceable against the defendant in the same manner as if it were a judgment rendered against the defendant in the Court of King’s Bench in civil proceedings.

(3) Every person who is ordered to pay an amount under this

section must make the payments in accordance with the order. 2012 cN-3.2 s27;AR 217/2022;2022 c21 s58 Regulations 28(1) The Lieutenant Governor in Council may make regulations (

a) prescribing, for the purpose of

section 1(1)(m), a system or part of a system as a delivery and distribution system to which this Act applies; (

b) prescribing, for the purpose of

section 1(1)(s)(iii), a class of buildings or portions of buildings as a class of new home to which this Act applies; (

c) prescribing, for the purpose of

section 1(1)(u), that a person is an owner builder to which this Act applies; (

d) prescribing, for the purpose of

section 1(1)(z), that changes, additions, alterations or repairs to a building are reconstructions to which this Act applies; (

e) repealed 2020 c39 s11;

Section 28

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 35 (

f) prescribing the period of additional coverage referred to in

section 3(7)(a); (f.1) respecting the determination of the protection period for the common property and common facilities in a building included in a condominium plan registered in respect of a multiple family dwelling originally built for rental purposes; (

g) respecting defects in components of a new home for which a warranty provider must offer the option to purchase additional coverage, and prescribing the period of that additional coverage; (g.1) respecting an application for an exemption under

section 3.01(2); (g.2) respecting an application for a discharge of a caveat under

section 3.02(2); (

h) prescribing the extent of any liability under

section 4(2); (h.1) respecting licences, including, without limitation, regulations (

i) respecting qualifications and conditions for the purposes of

section 4.1(1)(a); (ii) respecting applications for licences and licence renewals; (iii) prescribing or otherwise providing for the time within which a residential builder may apply for renewal of a licence; (iv) respecting the issuance, refusal, renewal, suspension, cancellation and reinstatement of licences by the Registrar; (

v) respecting conditions and restrictions referred to in

section 4.3; (vi) respecting requirements for residential builders to produce and display proof of having a licence or an exemption; (vii) respecting publication of the issuance, refusal, renewal, suspension, cancellation and reinstatement of licences and of any conditions or restrictions on licences;

Section 28

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 36 (viii) establishing categories of residential builders for the purposes of regulations made under any or all of subclauses (

i) to (vii), including, without limitation, regulations providing differently for different categories of residential builders; (ix) respecting exemptions from fees and fee refunds for licences issued for any of the categories of residential builders established under subclause (viii); (

x) establishing classes of licences for the purposes of regulations made under any or all of subclauses (

i) to (vii), including, without limitation, regulations prescribing or otherwise describing requirements that apply or that do not apply to different classes of licences and activities that licences of different classes authorize or do not authorize; (xi) prescribing offences under other Acts for the purposes of

section 4.5(1)(c); (xii) prescribing orders and directions under other Acts for the purposes of

section 4.5(1)(f); (xiii) prescribing Acts for the purposes of

section 4.5(1)(g); (h.2) respecting authorizations, including, without limitation, regulations (

i) respecting applications for authorizations; (ii) prescribing crit eria for the purposes of

section 5(1)(b); (iii) respecting the issuance, refusal, suspension and cancellation of authorizations by the Registrar; (iv) for the purposes of

section 3(1.1), respecting circumstances in which the Registrar must not issue an authorization to build a new home unless the new home has the required home warranty insurance coverage; (

v) establishing categories of owner builders for the purposes of regulations made under any or all of subclauses (

i) to (iv), including, without limitation, regulations providing differently for different categories of owner builders; (vi) establishing classes of authorizations for the purposes of regulations made under any or all of subclauses (

i) to (iv), including, without limitation, regulations

Section 28

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 37 prescribing or otherwise describing requirements that apply or that do not apply to different classes of authorizations, and activities that authorizations of different classes authorize or do not authorize; (h.3) respecting requirements for accredited municipalities, accredited regional service commissions, accredited agencies or the Alberta Safety Codes Authority established under the Safety Codes Act to disclose information, including personal information, to the Registrar on request; (

i) respecting additional powers and duties of the Registrar; (i.1) respecting delegation by the Registrar under

section 8.1; (

j) respecting information to be included in the registry and identifying information in the registry that may be made available to the public, including prescribing the portion of the information that is to be included in the online registry; (

k) respecting the collection, use and disclosure of personal information; (

l) prescribing additional powers and duties of compliance officers; (

m) respecting (

i) the imposition of administrative penalties, (ii) the criteria for determining appropriate administrative penalties, (iii) the prescrib ing of different limits on different administrative penalties, (iv) the prescribing of thos e provisions of this Act the contravention of which makes a person liable to an administrative penalty, and (

v) information to be included in a notice of administrative penalty; (

n) subject to

section 15(2), providing for increased administrative penalties for repeated or subsequent contraventions or failures to comply, and specifying the time within which a contravention or a failure to comply is to be considered a repeated or subsequent contravention or a failure to comply of an earlier contravention or failure to comply;

Section 28

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 38 (

o) specifying provisions of the regulations the contravention of which is an offence in respect of which the penalties provided for in

section 26(1) and (2) apply; (

p) defining, for the purposes of this Act, any word or expression used but not defined in this Act; (

q) prescribing information to be provided to the public about residential builders and warranty providers; (

r) prescribing information that must be provided by warranty providers to the Registrar; (

s) requiring residential builders and warranty providers to disclose information relevant to a new home or to a home warranty insurance contract; (

t) providing for one or more dispute resolution systems or processes by means of which disputes relating to the matters covered by this Act may be resolved or otherwise dealt with, including regulations (

i) prescribing any matter for which a dispute resolution system or process may be used; (ii) governing the procedure to be followed or otherwise used in resolving or attempting to resolve a dispute; (iii) governing the mechanisms to be used under the dispute resolution system or process, including (

A) the appointment and use of committees or other bodies to deal with disputes, (

B) the use of mediation and the appointment of mediators, and (

C) the use of arbitration and the appointment of arbitrators; (iv) governing the duties, functions and powers of the Registrar, if any, in respect of a dispute resolution system or process; (

v) governing the remedies available under a dispute resolution system or process; (vi) respecting the costs, fees and disbursements for a dispute resolution process;

Section 28

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 39 (vii) providing for any matter that the Lieutenant Governor in Council considers advisable for carrying out the purpose and intent of this clause; (

u) respecting any difficulty or impossibility resulting from the coming into force of this Act; (

v) generally for giving effect to this Act or any of the purposes or provisions of this Act.

(2) The Minister may make regulations (

a) exempting (

i) persons or categories of persons from all or any portion of this Act, including providing differently for different categories of persons, (ii) a building, a class of buildings, a portion of a building or the common property, common facilities and other assets of a condominium corporation from the definition of new home in

section 1(1)(s), or (iii) a category of persons from the definition of residential builder in

section 1(1)(dd); (

b) repealed 2017 c10 s20; (

c) respecting compliance orders, including regulations prescribing the form and contents of compliance orders; (

d) respecting the manner of service of compliance orders, notices of administrative penalty and other notices and documents required by this Act to be served, and the time within which service must be effected; (

e) respecting the discharge by the Registrar of a caveat under

section 3.02(1) or 3.1(9). 2012 cN-3.2 s28;2014 c5 s17;2017 c10 s20;2020 c39 s11; 2025 c13 s3

Part 7 Consequential Amendments and Coming into Force 29 (This

section amends the Insurance Act; the amendments have been incorporated into that Act.)

Section 30

Chapter N-3.2 NEW HOME BUYER PROTECTION ACT 40 Coming into force 30 This Act comes into force on Proclamation. 2012 cN-3.2 s30;2025 c13 s3 (NOTE: Proclaimed in force, except sections 3(4) and (8) and 15(7)(b), February 1, 2014. Sections 3(4) and 15(7)(

b) proclaimed in force November 18, 2020.)

Printed on Recycled Paper *9780779858347*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cN-3.2
Type	statute
Volume / chapter	RSA 2000 cN-3.2
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9a9a833f452dab2d80bdd306ab182257dbbf06dc

Source file is stored in the law ingest library (pdf).