CPA · New Home Buyer Protection Act
Part 1 — Home Warranty Protection
3.01 No sale of new home without warranty coverage or exemption
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.
(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