SS · New Home Buyer Protection Act
Part 1 — Home Warranty Protection
4 Statutory protection
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
(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