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Tarion is the new name for the Ontario New Home Warranty Program. It is a private corporation established in 1976 to serve as the Regulator of the home building industry in Ontario. In this role, Tarion licenses all home and condominium builders pursuant to provincial legislation. This statute requires home builders to provide purchasers with warranty coverage that is guaranteed by Tarion. The Corporation also establishes minimum time standards for after-sales service, and adjudicates issues between homeowners and builders. Over 1.3 million homes in Ontario have been protected under warranty by Tarion. |
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No, Tarion is an independent corporation, not a government organization. The Ontario government, through the Ministry of Government Services, has empowered Tarion to regulate Ontario’s residential building industry by administering and enforcing the Ontario New Home Warranties Plan Act. |
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Tarion is financed entirely by builder registration, renewal and home enrolment fees. Tarion has never received government funding for its operations. |
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Tarion is governed by a Board of Directors with members representing key stakeholders within the housing industry, including builders, consumer advocates, the financial community and provincial and municipal levels of government. |
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Tarion steps in to protect consumers when builders fail to complete purchase agreements and construction contracts or fail to fulfill their mandatory warranty obligations as described in the Ontario New Home Warranties Plan Act. Tarion maintains a guarantee fund, which is used to pay claims to consumers. Over 1.3 million homes in Ontario have been protected under warranty by Tarion.
Tarion also protects consumers by regulating Ontario’s residential construction industry. By law, every builder or vendor of a new home built for sale in Ontario must be registered with Tarion, and every new home must be enrolled prior to construction. However, even if a builder fails to register as a builder, or fails to enrol a home with Tarion, the new home purchaser still receives warranty protection. |
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The statutory coverage includes deposit protection as well as warranties against defects in work and materials, major structural defects (MSD), improper substitutions, and delayed closings and occupancies. |
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Builders and/or vendors pay the warranty enrolment fee to Tarion before construction. Some builders and vendors will include the warranty enrolment fee in the purchase price of the home, while others show it as a separate item on the Statement of Adjustments.
The warranty enrolment fee is based on a scale relating to the sales price of homes and condominiums. Check the warranty enrolment fee table to find out the cost of the warranty on a home. |
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New homeowners in Ontario benefit from both deposit protection and warranty coverage. Deposit protection begins the moment a home buyer enters into a purchase agreement or construction contract and pays a deposit. Warranty coverage begins on the date of possession of a home or condominium, and remains in effect until the end of the warranty period, even if the property is sold before the warranty expires.
For condominiums, warranty coverage also includes the shared areas of the building, referred to as the common elements. Coverage for common elements begins on the day the condominium corporation is registered. |
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The process for dealing with warranty-related issues varies depending on the home's date of possession.
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If a warranty dispute cannot be resolved between a homeowner and the builder, an on-site inspection called a ‘conciliation’ may be requested with a well-qualified Tarion warranty representative. In addition to experience gained at Tarion, the Tarion warranty representatives have years of experience in construction, and extensive knowledge of the Ontario Building Code and other industry standards. At the conciliation, the warranty representative will determine whether complaint items are covered under the warranty.
A conciliation may not require an inspection. For instance, in the case of a deposit claim, Tarion will determine if there is a claim based on the information supplied by the purchaser. This is called a "desk assessment".
Shortly after the conciliation, homeowners and builders will receive a report listing what is and is not covered under warranty along with an explanation of why each item is warranted or not. If any item on the list is warranted, it is deemed to be a “chargeable conciliation” against the builder |
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A chargeable conciliation is a warranty dispute where Tarion identifies one or more warrantable items. The exceptions to chargeability are where:
- the warrantable item(s) is(are) raised by the homeowner for the first time at the conciliation; or
- the builder was willing to repair the warrantable item(s) before the conciliation but the homeowner refused access or disagreed with the builder's proposed method or timing of repairs and Tarion supports the builder's recommendation.
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Tarion monitors the performance of registered builders and vendors throughout the year as well as through a vigorous annual renewal process. Builders who fail to properly fulfill their warranty obligations by demonstrating poor after sales service may be required to post increased security, limit the volumes they build, receive training, and in extreme cases, have their registration revoked. |
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Tarion employs a team of former police officers whose function is to find ‘rogue’ builders and vendors who build illegally by failing to enrol new homes and register with Tarion. The investigators partner with municipalities and building officials in Ontario to find and prosecute offenders. Under the Ontario New Home Warranties Plan Act, fines up to $100,000 can be imposed by Ontario Courts. In addition, convicted offenders may be imprisoned for up to one year, placed on probation and required to pay Tarion for any monies owed. |
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