Home Inspection Act, 2016


Following the passage of “Bill 59, 2016 – An Act to enact a new Act with respect to home inspections and to amend various Acts with respect to financial services and consumer protection” through the first and second reading, and through the presentations at the Standing Committee on Social Policy, the Bill has been passed back to the assembly, amended, and has been ordered for third reading.

Third reading is the final stage of a bill’s consideration in the House, when Members decide whether the bill will pass. Debate at this stage focuses on the final form of the bill. At the end of debate, if the motion for Third
Reading carries, the Speaker states, “Be it re solved that bill do now pass and be entitled as in the motion.” The bill is reprinted and is posted on the Internet after it receives Royal Assent, which usually occurs a short time after the third reading.
 
Passage of Bill through assembly

Public presentations to the Standing Committee on Social Policy, with respect to the Home Inspection Licensing.

We have chosen to re-publish the Hansard transcripts from the Ontario Assembly rather than paraphrase them.  This ensure we do not provide any particular bias on what was presented.

February 21st, 2017 - Ontario Association of Certified Home Inspectors
February 21st, 2017 - Ontario Real Estate Association
February 21st, 2017 - The Lung Association
February 27th, 2017 - Ontario Association of Home Inspectors
February 27th, 2017 - Barbara Captijn - Consumer Advocate
February 27th, 2017 - Canadians for properly built homes
February 27th, 2017 - Consumers for responsible home inspections
February 27th, 2017 - Cameron Allen - Reporter
February 28th, 2017 - Carson Dunlop
February 28th, 2017 - National Home Inspector Certification Council

Standing Committee on Social Policy, Home Inspection Licensing Amendment session.

On March 6th, 2017 The Standing Committee on Social Policy met to perform a clause by clause consideration of Bill 59.  For the purposes of the Home Inspection Licensing we will only publish the Schedule 1 discussions.  Again, at the time of publication of this post, the content for this page was taken from the unedited Hansards transcripts, so may appear slightly different from the version that is finally published publicly.

The Chair (Mr. Peter Tabuns): Good afternoon, committee members. I’m calling this meeting to order for clause-by-clause consideration of Bill 59, An Act to enact a new Act with respect to home inspections and to amend various Acts with respect to financial services and consumer protection.

Mr. Michael Wood from legislative counsel is here to assist us with our work. Welcome, Mr. Wood.

A copy of the numbered amendments received on March 3, 2017, is on your desk. The amendments have been numbered in the order in which the sections appear in the bill. Are there any questions from committee members before we start? Okay.

As you’ve probably noticed, Bill 59 is comprised of only three sections, which enact two schedules. In order to deal with the bill in an orderly fashion, I suggest we postpone the three sections in order to dispose of the two schedules first. Agreed? Agreed.

Bill 59, Schedule 1, sections 1 thru 39
Bill 59, Schedule 1, section 40
Bill 59, Schedule 1, section 51
Bill 59, Schedule 1, sections 52-83

Shall schedule 1, as amended, carry? Opposed? Carried.

What this means.

Unless the assembly return the Bill to the Committee for further deliberation (unlikely) Bill 59 will go through the debate for third reading, and then obtain Royal Assent creating the Home Inspection Act, 2016.

A period of development of a DAA and regulations will then go into effect.   Before the Act fully comes into force, (that is, before licenses are issued)  a series of regulations may be made that will require Home Inspectors to provide contracts for a Home Inspection, will specify what should be in those contracts, and will mandate that Home Inspectors who have not yet attained a license comply with the terms of that contract.

Bill 59 also repeals Pr65, Ontario Association of Home Inspectors Act, 1994.  This means that  the Ontario Association of Home Inspectors Act will cease to exist as a corporation created by Act of Assembly, but will re-incorporated under the Letters Patent mechanism for Not-for-profit organisations.  The rights to title for the Registered Home Inspector, R.H.I. will be removed, and the articles of the new association created will  define the objects of the new OAHI initially as :

(a) to maintain high professional standards among the members of the Association through education and discipline;
(b) to provide formal training and educational facilities to the members of the Association;
(c) to hold conferences and meetings for the discussion of home inspection standards and practices and for the presentation of papers and lectures;
(d) to collect and disseminate papers, lectures and other information that is useful or interesting to the members of the Association;
(e) to publicize the role of home inspectors in Ontario, and, in particular, to publicize the full range of services offered to consumers in Ontario by home inspectors;
(f) to seek and maintain affiliations with, and to co-operate with, other organizations having objects, in whole or in part, the same as or similar to the objects of the Association.

Once the right to title for the R.H.I is revoked, all R.H.I. holders may be require to negotiate with the Canadian Association of Home & Property Inspectors who own the trademarked Registered Home Inspector, R.H.I., unless the new OAHI does it on their behalf.  Failing this, all R.H.I. holders in Ontario may be required to stop using the R.H.I. designation.

The process of developing the DAA and regulations will be an ongoing  consultative process with the Ministry of Government and Consumer Services.