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HCRA Notice Re: Mandatory Inclusion of Amended Condominium Information Sheet and Licence Application Forms

Overview

The Home Construction Regulatory Authority (“HCRA”), the provincial administrative authority responsible for licensing all new residential construction builders and vendors, has updated its Directive from February 1, 2021, and issued a notice to all existing and new licensees regarding the use of the amended Condominium Information Sheet and changes to its Licence Application Forms.

Changes to Condominium Information Sheet

On July 1, 2022, O. Reg 454/22 under the New Home Construction Licensing Act, 2017 will come into force, making it mandatory for all agreements of purchase and sale to attach the HCRA’s updated Condominium Information Sheet as the first page of the agreement. The Condominium Information Sheet contains information that the HCRA has deemed to be of primary importance to a consumer in making a decision to purchase a new construction residential condominium unit. Note that this requirement was first introduced on February 1, 2021, but was grandfathered for any projects where the first sale was made before January 1, 2020. Effective July 1, 2022, this grandfathering is no longer available. Accordingly, the agreement of purchase and sale for all sales (i.e. first sale from builder/vendor) of residential new construction condominium units, including any existing inventory units from projects launched before January 1, 2020, must include the updated Condominium Information Sheet. The updated Directive can be found on HCRA’s website.

Changes to Licence Application Forms

The HCRA also announced changes it has made to its Licence Application Forms for new builders and vendors regarding financial disclosure. Effective July 1, 2022, all new applicants must make a statement confirming that the applicant is in compliance with the Condominium Act, 1998, as well as all federal, provincial and municipal tax laws.

The amended Licence Application Forms with the new statement are available on the HCRA Builder Portal commencing June 30, 2022. Note that any applications commenced online before July 1, 2022, but not yet fully submitted until after July 1, 2022, will be required to include the new statement, therefore the revised forms should be submitted.

Should you have any questions with respect to the above, please contact Tammy Evans or Andrew Webster at Aird and Berlis LLP.