Homeowner Protection Act, Sections 10.1, 26, 27.1, And 28.4

Homeowner Protection Act, S.B.C. 1998, c. 31

The Act provides that new home warranties are mandatory and that residential builders must be licensed. Although the reconstruction program established under s. 24 of the Act has been brought to an end, the Minister of Finance remains responsible for loans and liabilities under the program through the reconstruction loan portfolio. Under s. 26 of the Act, residential builders are required to pay a fee for the purposes of the reconstruction loan portfolio. Section 10.1 provides for the recovery of fees that are outstanding and unpaid under s. 26.

• Nature of Interest: A certificate stating the amount due, including the amount remaining unpaid and any interest, may be filed with the Supreme Court.
• Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Crown Lien, and attach an image of the original certificate under the Homeowner Protection Act.
• Effect of Filing: The certificate, once filed, has the same force and effect as a judgment of the court for the recovery of debt.

Section 27.1 provides that the Minister of Finance may recover, as a debt due to the government, the outstanding amount of loans or guarantees made to or on behalf of homeowners under the reconstruction program.

• Nature of Interest: A certificate stating the amount due, including the recoverable amount, the amount remaining unpaid, and any interest, may be filed with the Supreme Court.
• Effect of Filing: The certificate, once filed, has the same force and effect as a judgment of the court for the recovery of debt.

Section 28.4 provides for monetary penalties if a person fails to comply with a provision of the Act, a compliance order, or a condition of a licence or authorization. After the appeal period has expired or an appeal has been dismissed in whole or in part, the registrar may enforce the monetary penalty.

• Nature of Interest: A certified copy of the notice imposing the monetary penalty may be filed in the Supreme Court or the Provincial Court.
• Effect of Filing: Once filed, all enforcement proceedings may be taken on the notice as if it were a judgment of the court.