SS · New Home Buyer Protection Act
Part 1 — Home Warranty Protection
3.1 Rental use designation
of land by a residential builder or a sole owner provided to the
Registrar under subsection (4)(a)(ii)(B).
(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,
(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.
(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