SS · New Home Buyer Protection Act
1 Interpretation
(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(f) repealed 2020 cL-2.3 s25;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,
(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;
(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
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.
(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