Tarion Program Review – Interim Progress Report Released

As you may recall from our previous posts on the subject, the Tarion Warranty Program is under review. The Honourable Justice Douglas Cunningham was appointed in 2015 by Ontario’s Minister of Government and Consumer Services to review Tarion’s process and warranty coverage.

Jim Davidson offered comments to Justice Cunningham, and has been honoured to participate as part of a “focus group” providing feedback to Justice Cunningham respecting Tarion.

Justice Cunningham has now released his Interim Progress Report, which outlines the key concerns that he is exploring. The report can be found here.

In the interim report, Justice Cunningham has listed his key questions as follows:

• What model would best deliver consumer protection? Can Tarion effectively perform each of the roles of regulator, warranty provider, adjudicator and rule maker?
• Is there a way to resolve warranty disputes more effectively and expeditiously?
• How can Tarion best ensure that consumers are educated about the new home buying process and the warranty program?
• What is the appropriate warranty/deposit coverage and duration?
• How should Tarion regulate builders and vendors in order to drive quality in the home building sector and protection for consumers?
• What should be the composition and skill sets of the Tarion Board of Directors, and how should members be selected to best meet Tarion’s mandate under the Ontario New Home Warranties Plan Act and its fiduciary obligations?
• What additional measures, if any, could be implemented to improve accountability, transparency and oversight?

Justice Cunningham has indicated that these questions will be the focus of his ultimate report. He is currently inviting input from the general public, which may be submitted by email to: TarionReview@ontario.ca. Input must be submitted by October 14, 2016.

To read more about the review, see our previous blog post Tarion is Under Review.

And if you have further questions about the Tarion Warranty Program or the review process, contact our Condominium Law Group.