SS · New Home Buyer Protection Act
Part 1 — Home Warranty Protection
3 Home warranty requirements
(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(2) Repealed 2025 c13 s3.
(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.
(8) Repealed 2014 c5 s4.
2012 cN-3.2 s3;2014 c5 s4;2017 c10 s6;2025 c13 s3