Private members bill

Local Inspection Issues Canadian Home Inspectors
#1

Private members bill on Home Inspection Dies tonight

Kathleen Wynne proroguing Ontario legislature, throne speech to be delivered Monday

A speech from throne is an opportunity for the Liberals to outline a new set of priorities

The Canadian Press Posted: Sep 08, 2016 10:48 AM ET Last Updated: Sep 08, 2016 12:43 PM ET

 Ontario Premier Kathleen Wynne is proroguing the legislature so that her government can deliver a new throne speech Monday.

A speech from the throne is an opportunity for the Liberal government — with low approval ratings — to outline a new set of priorities less than two years away from the next provincial election.
Major pieces of legislation for the government’s previous priorities have already been passed, including ones to enable a cap-and-trade system and the partial sale of Hydro One.
All government bills are being kept active, including election finance reforms, but it’s not yet clear what will happen to private members’ bills.
The legislature had already been set to return on Monday, so no sitting days are being lost.
Wynne said Wednesday when asked about her upcoming legislative priorities that economic growth and job creation will continue to be a focus and that the government needs to find a way to address high electricity rates.

All Government bills need to be reintroduced .
No idea what this does to Government Home inspection act .
Could cause a delay for some time .

#2

We have expected since the ministers announcement that Bill PR-165 will be succeeded by a Government Bill. I would expect such an announcement to be made in the throne speech which will be on Monday. Time will tell.

#3

She might start by ending the wanton waste her government seems addicted too.

Maybe call an election so we Ontario taxpayers can get rid of her and her band of thieves.

#4

Have you compaired Ontario with other Canadian Provinces .
Ontario looks pretty good to me .

#5

Ontario looks pretty good to me .( quote from RC)

Get a new pair of glasses!

and no I am not attacking you!!!

#6

I concur.

Unfortunately we appear to be living in an unrealistic time of when credit card debt is the highest it has ever been due to a “I want now.” Everyone forgetting the WORLD is in a recession.

Canada is doing fine with Ontario looking much better than when the Tories tried to stop eastern Canada’s growth, putting all their eggs in one oil basket for the West to monopolize and the finance minister saying, Ontario does not look like a good place to invest when they first got elected federally.

Now back to the tread.
As for licensing, private members bills have a slim chance at best.
I am sure there will be a selective process but think of this, I wonder what they will think about the OntrioACHI directors display on a public forum.

#7

Please show me where other provinces are doing as well as Ontario .
I would love to see some reason why You feel Ontario is doing a bad job .
You must have a reason why you dislike what is done in Ontario .
I am not saying they have not made errors but I see no other province doing as well. BC is close but most are far behind us.

#8

I agree that they are going to select bills that do not support their agenda. What I do think though is that they are going to keep the ones that are going to make them look good. They will play your home inspection bill up like they are saving the world from those nasty inspectors.

#9

Private members bill on Home Inspection Died .

Information I got sounds like they might to too busy in the new parliament to Bring forth at this time the Home Inspection licensing …
This might be good time for some of our MPPs has a look at regulation for general contractors .
There are far more complaints by far for them then there is for home inspectors .
It would be nice to see many of our Ontario home Inspectors send a letter to their MPP on this.

#10

http://www.pressreader.com/canada/toronto-star/20160910/282875140238454

Tarion needs to increase homebuyers deposit protection: BobAaron
Tarion’s limit for deposit protection — $20,000 on condosand $40,000 on homes — hasn’t changed in years

Tarion’s limit for deposit protection hasn’t been changed inyears, while home prices and deposit amounts have skyrocketed, writesreal-estate lawyer Bob Aaron. (Dreamstime)
By Bob AaronPropertylaw
Sat., Sept. 10, 2016

An interim report on the Tarion warranty corporation shouldhave gone further to protect home buyers’ purchase deposits.
Special adviser J. Douglas Cunningham, in releasing theinitial report of the independent review, last week told the Star he didn’t“know enough about it quite frankly to make a comment.”
That must be disappointing to the unlucky purchasers left infear of losing their deposits following the bankruptcy restructuring of Torontodeveloper Urbancorp.
Tarion’s limit for deposit protection is fixed at $20,000 oncondominiums and $40,000 on homes.
This protection hasn’t been changed inyears, while home prices and deposit amounts have skyrocketed.
Back in June, I suggested Tarion depositprotection should be increased to $200,000 on all purchases, whetherfreehold or condominium.
Article Continued Below
Tarion fired back on its website, saying my view “has beenadvanced without any supporting research on actual claims data.
“Tarion regularly monitors all of our claims data to ensurethe warranty remains effective. Last year, we reviewed deposit claims over afive-year period and found that the average claim was only $29,000 — well within the $40,000 limit.”
The key word in Tarion’s rebuttal is “average.”
No mentionwas made of the largest claims, or those in excess of the deposit protection,or the total amount of consumer losses.
Tarion added that raising the limits of Ontario’s depositwarranty would “very likely” result in a significant enrolment fee increase forall new homes across the province, and could have the unintended consequence ofincreasing deposit amounts requested by builders.
In my view, one consumer loss is too many.
The Urbancorp disaster is not unique. In 2003, two dozenbuyers purchased units in Jarvis Mansions, at 539 Jarvis St. Four years later,developer Panterra Mansions went into receivership with some of the unitsvirtually completed. The purchase agreements were terminated, and although thepurchasers received their deposits back, they got nothing for the thousands ofdollars they had spent in upgrades.
As well, they all lost four years ofappreciation in value representing tens of thousands of dollars per unit.
Back in 2009, I wrote about a couple who signed an agreementto buy a condominium in Parry Sound, and handed the builder a deposit of$40,000. Tarion only covered $20,000.
Together, three purchasers lost a totalof $76,000.
Two years ago, Toronto lawyer Meerai Cho was charged with426 counts of fraud after $14.9 million in deposits was released to developerJoseph Lee and Centrium Development Group.
A total of 180 residentialpurchasers had to go to court to get back $9 million in deposits, but there wasno protection for the buyers of the commercial units.
Financial problems in condo developments are not uncommon.
The Whitby Yacht Club development, Queen West Vintage Lofts and Avante were alltaken over by new developers. The purchase agreements were terminated, althoughthe deposits were refunded.
Tarion and the Ontario government need to step up to theplate, increase deposit protection, and ensure that once an agreement issigned, it is binding on any developer who takes over the project.
Bob Aaron is a Toronto real-estate lawyer. He can be reachedat bob@aaron.ca on his website aaron.ca, andTwitter @bobaaron2.

#11

Good info Roy. How many other pieces of legislation around Real-Estate transactions have been left without update and don’t take account of recent changes in buying patterns and price changes?

This is one of the down-sides of the DAA mechanism. Government can adopt a hands-off approach and when something goes wrong they can plead plausible deniability.

The original idea of the DAA was great, again the implementation and continuous oversight has been lacking. If Premiere Wynne want’s to make positive changes, she should try to get government back into government hands and stop government passing the buck. JMHO.

#12

I think it would be healthy for Ontario’s MMP’s to be sitting down with RECO to insure the REA’s make inspection a strong recommendation in an offer to purchase and that home inspectors that are referred by REA’s must adhere to a set minimum SOP
(1) Has professional liability insurance covering fault, error and omission;
(2) Uses a recognized inspection service agreement;
(3) Performs inspections according to recognized building inspection standards; and;
(4) Submits a written report to the party that requested the inspection services.

#13

**Retiredjudge’s interim report on Tarion released **

Written by AlexRobinson Friday,09 September 2016
Aninterim report by retired justice Douglas Cunningham examiningTarion Warranty Corp. has left some with lingering concerns.
Former justice Douglas Cunningham’s review outlines concerns he has identified over a perceived conflict of interesing from Tarion’s dual role as adjudicator and warranty provider.
In Nov. 2015, the provincial government announced the former associate chiefjustice would lead a review of Tarion — a not-for-profit corporation that is mandatedunder the Ontario New Home Warranties Plan Act to regulate new home buildersand provide warranties on the houses they build.
The review was also set up to examine the legislation and ultimately makerecommendations to improve Tarion’s consumer protection, transparency andgovernance.
The review outlines concerns Cunningham has identified over a perceivedconflict of interest arising from Tarion’s dual role as adjudicator andwarranty provider.
Other issues the report tackles are accountability and transparency, as wellas governance, as there is a perception its board of directors is builderdominated and motivated to favour the construction industry.
James Davidson, a condominium lawyer who participated in the review’sconsultations, says he would like to see an independent body created to carryout Tarion’s dispute resolution function.
“The big problem is that Tarion is not independent. It should beindependent. They’re in a fundamental conflict of interest,” he says.
Davidson says Tarion’s role as an insurer makes its interests in line withbuilders, but it is also an adjudicator for warranty claims.
“So it’s not in Tarion’s interest to have those claims honoured. So it’sjust a fundamental conflict right there.”
The interim report also offers some potential solutions for the problemsidentified.
These include placing some or all of Tarion’s functions in separateorganizations, introducing multiple warranty providers and diversifying thecomposition of Tarion’s board. None of these were finalized recommendations.
Cunningham says he met with more than 200 individuals in the consultationprocess, but Karen Somerville, president of advocacy group Canadians forProperly Built Homes, says she worries the review did not sufficiently considerinput from consumers.
“While a number of key issues are included, we remain very concerned thatthere was woefully inadequate consumer input in this process,” she says in ane-mailed statement.
Cunningham, however, says that having Tarion’s perspective was an importantpart of the review.
“This whole thing is about Tarion, so I needed to have their perspective andI’ve got it,” he says.
“But I’ve also received the perspective of the consumer advocates, thebuilding industry and all of the other various stakeholders.”
Somerville also notes that the internal document mentions confirmingTarion’s communications strategy as a “next step.”
“Why is the ministry concerned with Tarion’s communications strategy relatedto this interim report? Meanwhile, consumers are still in the dark,”Sommerville says.
“In the past, the ministry has repeatedly said it is ‘working with Tarion,’ —rather than overseeing Tarion and protecting consumers,” she adds.
“It appears that the interest in Tarion’s communication strategy is anotherexample of the ministry continuing to work with [or] protect Tarion, ratherthan focus on consumers and consumer protection.”
Christine Burke, a spokeswoman for Minister of Government and ConsumerServices Marie-France Lalonde, says this step in the document was about makingsure questions about the report were referred to Cunningham.
“The ministry wants to ensure that Tarion has a plan to refer questionsabout the content of the report to the appropriate party (i.e. JusticeCunningham),” she says in an e-mail.
The government originally announced a final report would be due out by June2016, but it later revised those deadlines, causing advocates to decry thelonger process in Cunningham chalked the altered deadlines up to the shear sizeof the task at hand in the review. He says the original deadlines were simplynot realistic.
“I don’t think of it as delay. I look at it as a more fulsome review thanwas anticipated,” he said before the report was released.

#14

[https://news.ontario.ca/mgs/en/2016/08/ontario-to-license-home-inspectors.html](https://news.ontario.ca/mgs/en/2016/08/ontario-to-license-home-inspectors.html/)

**News Release **

Ontarioto License Home Inspectors

**New Law Would Strengthen Consumer Protection, Level Playing Field forBusiness **

August 17, 2016 1:11 P.M.
Ministry of Government and ConsumerServices
Today, Ministerof Government and Consumer Services Marie-France Lalonde announced Ontario’sintent to introduce legislation this fall that would, if passed, regulate theprovince’s home inspection industry in order to better protect consumers.
If passed, theproposed changes would:

  • [FONT=“Open Sans”]Require home inspectors to belicensed with proper qualifications [/FONT]
  • [FONT=“Open Sans”]Set minimum standards forcontracts, home inspection reports, disclosures, and the performance of homeinspections[/FONT]
  • [FONT=“Open Sans”]Establish an independentAdministrative Authority to administer and enforce the home inspectionlicensing legislation and associated regulations [/FONT]

These changeswould ensure consumers benefit from quality advice, are protected from surprisecosts and aware of safety issues before buying a home. This will also create alevel playing field for the home inspection industry, preventing inspectorswith little or no training from competing with qualified professionals byoffering lower rates.
ProtectingOntario’s consumers is part of the government’s economic plan to build Ontarioup and deliver on its number-one priority to grow the economy and create jobs.The four-part plan includes helping more people get and create the jobs of thefuture by expanding access to high-quality college and university education.The plan is making the largest infrastructure investment in hospitals, schools,roads, bridges and transit in Ontario’s history and is investing in alow-carbon economy driven by innovative, high-growth, export-orientedbusinesses. The plan is also helping working Ontarians achieve a more secureretirement.
Quick Facts

  • [FONT=“Open Sans”]Home inspectors are one of theonly professionals involved in a real estate transaction who are notprovincially regulated. [/FONT]

  • [FONT=“Open Sans”]Approximately 65 per cent ofresale homes sold annually receive a home inspection. [/FONT]

  • [FONT=“Open Sans”]There are approximately 1,500home inspectors in Ontario. [/FONT]

  • [FONT=“Open Sans”]The proposed legislation thegovernment intends to introduce was based on 35recommendations](http://www.ontariocanada.com/registry/view.do?postingId=14645) made by a 16-member expert panel which were then supportedby both industry and consumers.
    [/FONT]
    Additional Resources

  • [FONT=“Open Sans”]Learn more about consumerprotection and your home.](https://www.ontario.ca/page/consumer-protection-and-your-home)
    [/FONT]
    Quotes

“Our government is committed to protecting consumers,which is why introducing this proposed legislation remains a top priority formy ministry. If passed, this proposed legislation will help to build a strongerfoundation for the industry and even better protect consumers throughout thehome-buying process.”
Marie-FranceLalonde
Minister of Government and Consumer Services
MediaContacts

· Christine Burke

Minister’s Office
Christine.Burke@ontario.ca
416-212-3721 ](tel:416-212-3721)
· Sue Carroll

Communications
Sue.Carroll@ontario.ca
416-326-7408](tel:416-326-7408)

#15

**Retiredjudge’s interim report on Tarion released **

Written by AlexRobinson Friday,09 September 2016
Aninterim report by retired justice Douglas Cunningham examiningTarion Warranty Corp. has left some with lingering concerns.
Former justice Douglas Cunningham’s review outlines concerns he has identified over a perceived conflict of interesing from Tarion’s dual role as adjudicator and warranty provider.
In Nov. 2015, the provincial government announced the former associate chiefjustice would lead a review of Tarion — a not-for-profit corporation that is mandatedunder the Ontario New Home Warranties Plan Act to regulate new home buildersand provide warranties on the houses they build.
The review was also set up to examine the legislation and ultimately makerecommendations to improve Tarion’s consumer protection, transparency andgovernance.
The review outlines concerns Cunningham has identified over a perceivedconflict of interest arising from Tarion’s dual role as adjudicator andwarranty provider.
Other issues the report tackles are accountability and transparency, as wellas governance, as there is a perception its board of directors is builderdominated and motivated to favour the construction industry.
James Davidson, a condominium lawyer who participated in the review’sconsultations, says he would like to see an independent body created to carryout Tarion’s dispute resolution function.
“The big problem is that Tarion is not independent. It should beindependent. They’re in a fundamental conflict of interest,” he says.
Davidson says Tarion’s role as an insurer makes its interests in line withbuilders, but it is also an adjudicator for warranty claims.
“So it’s not in Tarion’s interest to have those claims honoured. So it’sjust a fundamental conflict right there.”
The interim report also offers some potential solutions for the problemsidentified.
These include placing some or all of Tarion’s functions in separateorganizations, introducing multiple warranty providers and diversifying thecomposition of Tarion’s board. None of these were finalized recommendations.
Cunningham says he met with more than 200 individuals in the consultationprocess, but Karen Somerville, president of advocacy group Canadians forProperly Built Homes, says she worries the review did not sufficiently considerinput from consumers.
“While a number of key issues are included, we remain very concerned thatthere was woefully inadequate consumer input in this process,” she says in ane-mailed statement.
Cunningham, however, says that having Tarion’s perspective was an importantpart of the review.
“This whole thing is about Tarion, so I needed to have their perspective andI’ve got it,” he says.
“But I’ve also received the perspective of the consumer advocates, thebuilding industry and all of the other various stakeholders.”
Somerville also notes that the internal document mentions confirmingTarion’s communications strategy as a “next step.”
“Why is the ministry concerned with Tarion’s communications strategy relatedto this interim report? Meanwhile, consumers are still in the dark,”Sommerville says.
“In the past, the ministry has repeatedly said it is ‘working with Tarion,’ —rather than overseeing Tarion and protecting consumers,” she adds.
“It appears that the interest in Tarion’s communication strategy is anotherexample of the ministry continuing to work with [or] protect Tarion, ratherthan focus on consumers and consumer protection.”
Christine Burke, a spokeswoman for Minister of Government and ConsumerServices Marie-France Lalonde, says this step in the document was about makingsure questions about the report were referred to Cunningham.
“The ministry wants to ensure that Tarion has a plan to refer questionsabout the content of the report to the appropriate party (i.e. JusticeCunningham),” she says in an e-mail.
The government originally announced a final report would be due out by June2016, but it later revised those deadlines, causing advocates to decry thelonger process in Cunningham chalked the altered deadlines up to the shear sizeof the task at hand in the review. He says the original deadlines were simplynot realistic.
“I don’t think of it as delay. I look at it as a more fulsome review thanwas anticipated,” he said before the report was released.

#16

Well said Ray…oops Robert:roll:

Cheers

#17

Lol Its obvious Robert did not write that.

#18

Roy Cooke
Roycooke@sympatico.ca

Please Visit the InterNACHI Awards page
I recommend all Ontario NACHI members read this and form their own opinion on OntarioACHI .


Cyberbullying is the act of harming or harassing via information technology networks in a repeated and deliberate manner
This fits a very unprofessional group From OntarioACHI

Roy, it really is time to remove this childish drivel from your signature. Take a time out from the sand box and act like the intelligent senior inspector whom we respected.

#19

Agree… Nick should have taken care of this when he let him off the hook for his other “mistakes”. I fact, it should become an official rule that this type of “Signature baiting” will not be tolerated!

#20

I asked Nick about this and he informed me that Roy refuses to take it down. So I guess Roy has more pull at InterNachi than Nick