Bill 98                                                          2010

An Act to amend the Ontario New Home Warranties Plan Act to give the Ombudsman power in respect of the Corporation

Note: This Act amends the Ontario New Home Warranties Plan Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Ontario New Home Warranties Plan Act is amended by adding the following section:

Application of Ombudsman Act

   2.1  Subsection 12 (2) and sections 14 to 28 of the Ombudsman Act apply in respect of the Corporation as if it were a governmental organization, with necessary modifications, including but not limited to the following:

    1.  A reference in the Ombudsman Act to the head of a governmental organization shall be read as the officer of the Corporation prescribed by the regulations for the purposes of this paragraph.

    2.  A reference in the Ombudsman Act to an officer, employee or member of a governmental organization shall be read as an officer or employee of the Corporation or a member of the board of directors of the Corporation.

    3.  A reference in the Ombudsman Act to a legal adviser or counsel to the Crown shall be read as a legal adviser or counsel to the Corporation.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Ontario New Home Warranties Plan Amendment Act (Ombudsman’s Powers), 2010.

EXPLANATORY NOTE

The Bill amends the Ontario New Home Warranties Plan Act to provide that the Ombudsman’s powers under the Ombudsman Act in respect of any governmental organization apply to the Corporation established under the Ontario New Home Warranties Plan Act.  The Bill also provides for necessary modifications in the application of the Ombudsman Act.

June 3, 2010

DiNovo introduces two bold steps to address Housing in Ontario:

Inclusionary Zoning and New Home Owner Protection

Queen’s Park—Developers have a responsibility to the communities they build in, says Parkdale–High Park MPP Cheri DiNovo, who is promoting two bills today to help tenants and homeowners.  On Thursday afternoon, the Ontario Legislature will debate Bill 58, DiNovo’s private member’s bill that would allow municipalities in Ontario to tackle the housing crisis currently plaguing Ontario.

 “Allowing Municipal governments to set a minimum requirement for affordable units in new apartments and condominiums is a low-cost way to provide Ontarians with badly needed access to lower-cost housing.  This is why we have received such broad support from municipalities, including the cities of Toronto, London, Thunder Bay, Milton and the Town of Blue Mountains, among many others,” she added.

DiNovo will also table a second Private Members Bill calling for stronger consumer protection for purchasers of new homes.  If passed, this Bill would allow the Ontario Ombudsman to have formal jurisdiction over Tarion, the beleaguered warranty corporation overseeing newly built homes.

“Giving the Ombudsman these powers would allow greater transparency and accountability over newly built homes,” said DiNovo.  “Currently, the industry is self-regulating, which has led to numerous complaints from new home owners.  I applaud the work of advocacy groups such as Canadians for Properly Built Homes (CPBH) for leading the charge to protect new homebuyers from shoddy builders and poorly built developments,” she concluded.

A delegation from CPBH attended the legislative session in support of DiNovo and the NDP’s efforts.

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