Examples of initiatives taken by CPBH with Minister Phillips:

Response from Minister Phillips

Status

Nov. 19, 2005 – Registered Letter regarding ongoing problems with Tarion (Ontario’s mandatory home warranty program), as well as concerns regarding the lack of other adequate consumer protection for purchasers of newly built homes.

This letter also noted that in Aug. 2005 the President of the Consumers Council of Canada advised CPBH that it also has concerns about protection for new home buyers, and that the Consumers Council of Canada also raised this matter with Minister Phillips.

Requested a meeting with the Minister.

Letter received from the Minister that said that he had noted the issues raised by CPBH, but he is unable to meet.

OUTSTANDING

Apr. 6, 2006 – E-mail regarding the need for changes relating to occupancy permits to enhance consumer protection.

Requested a response.

Letter dated Nov. 30, 2006 received Dec. 6 from Minister Phillips.  He advised that he had not received this e-mail and requested that it be resent.

(Faxed to Minister Phillips on Dec. 6, 2006.)

OUTSTANDING

June 17, 2006 – Registered Letter again expressing concerns about the lack of consumer protection relating to newly built homes.  As well, expressed concerns that Ontario’s Ombudsman has no jurisdiction over Tarion.

Requested:

• A copy of Tarion’s annual report for the past three years;
• A copy of Tarion’s audited financial statements for the past three years;
• Details relating to the role and responsibilities of the “consumer representatives” on the Tarion board;
• A meeting with the Minister.

Letter dated July 12, 2006 received from Minister Phillips.  He advised how to obtain copies of Tarion’s annual reports, which include Tarion’s financial statements.

• Reiterated that he is committed to protecting consumers who are in the process of buying new homes in Ontario. 
• He did not provide details regarding the role and responsibilities of the “consumer representatives: on the Tarion board;
• He advised that he was unable to meet with CPBH representatives, but assured CPBH that he had reviewed the information that had been provided;
• Advised that he had forwarded CPBH’s June 17, 2006 letter to Ontario’s Ombudsman. 

OUTSTANDING -- EXCEPT FOR
HAVING RECEIVED
TARION’S ANNUAL REPORTS
AND AUDITED FINANCIAL
STATEMENTS

Aug. 22, 2006 – Letter expressing concern regarding the lack of adequate consumer protection for newly built homes.  As well, the following specific issues were raised:

• No information on his Ministry’s web-site about newly built homes.
• The lack of consumer protection enhancements relating to newly built homes in the 2005 consumer protection legislation that was introduced,
• Concerns regarding consumers having no access to objective, reliable information about builders’ past performance.

Requested a copy of Tarion’s board member code of conduct and by-laws.

Continued to urge the Minister to meet with representatives of CPBH.

Letter dated Sept. 21, 2006 received from the Minister. 

• He did not respond to the issues raised, but simply reiterated that he is committed to protecting consumers who buy new homes in Ontario. 
• Advised that he forwarded the Aug. 22, 2006 letter from CPBH to Tarion.

OUTSTANDING

Aug. 23, 2006 – Letter requesting that the Ministry mediate Tarion’s refusal to provide information relating to Tarion’s increase in cap to $300,000.  (The Ministry’s web-site says that it provides mediation services.)

Letter dated Nov. 30, 2006 received Dec. 6 from Minister Phillips.  He advised that he had not received this letter and requested that it be resent.

(Faxed a copy of the Aug. 23, 2006 letter to Minister Phillips on Dec. 6, 2006.)

OUTSTANDING

Sept. 29, 2006 - Letter relating to Tarion’s “unsatisfactory record” with the Better Business Bureau serving Eastern Ontario and Northern Ontario

Requested a response relating to this issue.

Letter dated Nov. 30, 2006 received Dec. 6 from Minister Phillips.  He advised that ministry staff contacted Tarion to discuss this issue with Tarion, and that he was advised that Tarion is continuing its consultation with the BBB and that they are working together to resolve all of the unresolved complaints.

He also advised that he has forwarded our Sept. 29, 2006 letter to Tarion representatives.

OUTSTANDING

Oct. 3, 2006 – letter to the Minister about 54 newly built homes in Windsor that have faulty roofs.  These homes are primarily owned by seniors.  CPBH urged the Minister to take immediate action to assist these homeowners.  CPBH requested a response from the Minister about this issue.

Note:  CPBH received copies of letters sent by many of these homeowners to Minister Phillips asking him for help.

No response.

OUTSTANDING

Nov. 1, 2006 – Letter requesting information relating to Tarion’s board of directors (in relation to Tarion’s by-laws), i.e., for the 2005/2006 and the 2006/07 boards,  which stakeholder group each of the Tarion board members represents, and for those representing consumers, which consumer organizations they represent.

Letter dated Nov. 30, 2006 received Dec. 6 from Minister Phillips.  He advised that he had not received this letter and requested that it be resent.

(Faxed a copy of the Nov. 1, 2006 letter to Minister Phillips on Dec. 6, 2006.)

OUTSTANDING

Nov. 3, 2006 – Letter regarding ongoing issues related to the lack of adequate consumer protection for newly built homes, including Tarion.  Advised the Minister that consumers are looking for action and accountability from the Minister.

Requested:

• (Again) a copy of Tarion’s board member code of conduct and by-laws;
• Details regarding the Minister’s specific responsibilities relating to Tarion; and
• Information regarding what specific actions relating to newly built homes that the Minister has taken since becoming the Minister responsible for consumer protection and Tarion.

Again, urged the Minister to meet with representatives of CPBH.

No response.

OUTSTANDING

Nov. 11, 2006 – Letter requesting that the Minister advise if Tarion is in compliance with its own by-laws in relation to the composition of the 2005-2006 board of directors.

As well, a second request for information regarding which stakeholder group each member of the 205-2006 and 2006-2007 Tarion board member represents.

No response.

OUTSTANDING

Dec. 5, 2006 – Letter related to:

• issues raised about Tarion by owners of 14 newly built homes in Barrie;
• specific requests for help from the Minister from the owners of two of these homes;
• concerns regarding “patch and run” – reselling the home without disclosing the construction defects to the next owner;
• the need for new consumer protection legislation.

No response.

OUTSTANDING

Dec. 6, 2006 – Letter related to:

• the Better Business Bureau of Eastern Ontario’s rating of Tarion as an “unsatisfactory record”
• raised the issue of the Minister simply sending consumers’ complaints about Tarion to Tarion.  (Some consumers have objected directly to the Minister about their private information being sent by Minister Phillips to Tarion – an organization over which the Minister claims to have no authority.)

No response.

OUTSTANDING

Dec. 8, 2006 – Letter related to potential issues with the lack of consumer representation on the Ontario government’s Building Advisory Council.

No response.

OUTSTANDING

Jan. 3, 2007 – Letter that requested:

• enhanced consumer protection for purchasers of newly built homes.  (Provided a copy of published article relating to “patch and run”.)
• better information on Ministry of Government Services’ web-site in relation to (potential) issues with newly built homes
• information about why complaints against Tarion have not been registered in the “consumer beware list” on the Ministry of Government Services’ web-site.