Terms & Conditions for Retrofit Assist Participants

last updated: December 11, 2025

1. Acceptance of Terms and Conditions.

The Applicant will be deemed to have agreed to and accepted these Terms immediately upon submitting an Application. Notwithstanding that these Terms are binding on the Applicant, the Applicant will not become a Participant except in accordance with section 4.3 hereof. Capitalized terms used herein will have the meanings assigned to them in Schedule 1 attached hereto.

2. Program Description

2.1. Program Description. The Program, operated by the Administrator, is a community-based program, operating within the Province of British Columbia, to reduce greenhouse gas emissions and improve energy efficiency of Homes by supporting Participants within Participating Communities undertaking Home Energy Upgrades, subject to certain terms and conditions including, without limitation, these Terms.

2.2. Program Details. For information on the Program, see https://retrofitassist.ca/. Participation in the Program is expressly subject to these Terms, as the Administrator may amend from time to time in any manner and without notice to the Applicant in the Administrator’s sole, absolute, and exclusive discretion.

2.3 Changes to Program. The Administrator may, in its sole, absolute, and exclusive discretion and without notice to the Applicant, add, remove, expand, contract, amend, and otherwise change the services, benefits, and incentives offered as part of the Program, including, without limitation, making changes to these Terms or the Program Benefits. Without limiting the generality of the foregoing, the Administrator is under no obligation to continue or provide the Program or the Program Benefits, and the Administrator’s ability to provide same is dependent on the Administrator obtaining funding.

3. Program Term.

3.1. Term. These Terms become effective on the Applicant accepting these Terms in accordance with section 0 hereof, and will remain in effect until the earlier of the date:

3.1.1. the Administrator ceases carrying on the Program;

3.1.2. the Applicant provides notice to the Administrator that it wishes to cease participation in the Program; or

3.1.3. the Applicant’s participation in the Program is terminated by the Administrator.

3.2.Termination or Changes to Participation. The Administrator may change, suspend, terminate, or restrict a Participant’s participation in the Program or any Program Benefit at any time and immediately on delivery of written notice to the Participant, in the Administrator’s sole, absolute, and exclusive discretion and for any reason, including, without limitation, if the Participant: (a) fails to substantially complete a Home Energy Upgrade that the Participant has agreed to perform; (b) fails to substantially complete a Home Energy Upgrade to the Administrator’s reasonable satisfaction; (c) fails to substantially complete a Home Energy Upgrade in compliance with applicable law, including the BC Building Code and any applicable permit, license, or authorization, or with industry best practices; (d) fails to permit the Administrator or its representatives access to the Home and the Home Energy Upgrade in order to ensure substantial completion to the Administrator’s satisfaction and measure performance; (e) fails to make payments as and when due in relation to any Home Energy Upgrade; (f) is in breach of any requirements set out on https://retrofitassist.ca/, the Program documentation (g) is in breach of these Terms; or (h) defaults on any other of the Participant’s obligations hereunder or any requirements set by the Administrator, a Contractor or any other person involved in delivering the Program or providing any Program Benefits.

3.3. Effect of Termination or Cessation of Participation in Program. Without limiting the generality of the foregoing, upon termination or cessation of the Applicant’s participation in the Program, the Participant will immediately be deemed ineligible to participate in the Program.

3.4. Effect of Termination or Cessation of Program Benefits. Without limiting the generality of the foregoing, upon termination or cessation of the Applicant’s participation in any Program Benefit, the Applicant will immediately be deemed ineligible to participate in such Program Benefit.

4. Program Eligibility and Acceptance.

4.1. Eligibility Requirements. At the time of submitting the Application, and at all times during the Term, the Applicant must meet the following eligibility requirements (“Eligibility Requirements”):

4.1.1. the Applicant must be over nineteen (19) years of age;

4.1.2. the Applicant must own a Home. If the Applicant rents a Home, the Applicant may still be considered by the Administrator at its sole, absolute, and exclusive discretion, but the Applicant must expressly state in the Application that the Applicant does not own the Home; and

4.1.3. the Applicant must the capacity, right, power, and authority to enter into these Terms and to become a party hereto and to perform its obligations hereunder, including, without limitation, undertaking a Home Energy Upgrade.

4.2. Application Materials. If, on reviewing the Application, the Administrator requests that the Applicant provide any additional information, documents, or materials, the Applicant will provide same as soon as practicable.

4.3. Acceptance into Program. Once the Applicant has submitted an Application and any additional information, documents, or materials requested by the Administrator, the Administrator will review the Application Materials, and determine, at the Administrators sole, absolute, and exclusive discretion, whether the Applicant should be accepted into the Program as a Participant. The Administrator may accept the Applicant into the Program as a Participant by delivery of written notice or by making any Program Benefits available to the Applicant.

4.4. Applicant Representations and Warranties. The Applicant represents and warrants to the Administrator that as of the date of submitting the Application, the Applicant meets the Eligibility Requirements, the Application Materials are true, complete, and accurate in all material respects, and that the Application Materials are free from any material misrepresentation. The Applicant acknowledges that the Administrator is relying on the representation and warranties set out in this section 4.4.

5. Participant Covenants.

In exchange for participating in the Program and receiving Program Benefits, the Participant covenants as follows:

5.1. Program Documentation. The Participant will read and complete any applicable Program documents provided by the Administrator.

5.2. Information Sessions. The Participant will attend Program information sessions as required by the Administrator.

5.3. Energy Assessments. Prior to commencing a Home Energy Upgrade, the Participant will undertake an EnerGuide Assessment with an approved energy advisor approved by the Administrator. On or before the earlier of: (a) thirty (30) days from substantial completion of a Home Energy Upgrade to the Administrator’s satisfaction; and (b) the amount of time specified in the terms of any Home Energy Upgrade Incentive Program, whichever is less, the Participant will undertake a post-renovation energy assessment with an energy advisor approved by the Administrator.

5.4. Minimization of Heat Loss. If recommended in any EnerGuide Assessment prepared in relation to the Program, the Participant will use reasonable efforts to minimize residential heat losses from the Home’s building envelope before proceeding with the Home Energy Upgrade to allow for collection of accurate Home Energy Upgrade performance data.

5.5. Permits and Inspections. The Participant will obtain, or will ensure their Contractor has obtained, all occupancy, development, building, electrical, gas or other permits, licenses, or authorizations reasonably required by law in order to complete the Home Energy Upgrade, prior to commencing such Home Energy Upgrade and maintain same until the Home Energy Upgrade is complete to the Administrator’s satisfaction. The Participant will ensure that the Home Energy Upgrade is performed in compliance with all applicable law, including the British Columbia Building Code and the terms of any such permit, license, or authorization, and if required, the Home Energy Upgrade is inspected and approved by a representative of any local authority of competent jurisdiction.

5.6. Heritage Properties. If the Participant wishes to perform a Home Energy Upgrade on a Home with a heritage designation, the Participant will ensure the Home Energy Upgrade is compliant with any applicable municipal bylaws, provincial and federal laws, and other requirements relating to heritage properties and the Administrator will have no obligation or liability respecting same.

5.7. Rebates and Incentive Programs. The Participant will apply for any Home Energy Upgrade Incentive Programs available in relation to the Home and Home Energy Upgrade and will ensure that the Participant and their Contractor, Home, and Home Energy Upgrade are compliant with any applicable terms thereof. On request, the Administrator or a Retrofit Assist Contractor may assist the Participant in identifying and applying for any such Home Energy Upgrade Incentive Programs.

6. Personal Information and Media.

6.1. Use of Personal Information. The Applicant hereby irrevocably consents to the Administrator’s use of the Participant’s personal contact information for the purpose of communicating information about the Program to the Participant, to provide Program Benefits, to request feedback about their experiences with the Program, to report on performance of the Program to the Administrator’s funders, lenders, and Program partners, and for any other uses set out in the Privacy Policy. The Participant further agrees that the Administrator may share information provided by the Participant to the Administrator with Contractors, energy advisors, and utility providers for the purposes of operating the Program.

6.2. Media Release. The Participant hereby irrevocably consents to the Administrator’s use of photographs, documents, and information regarding the Home and the Home Energy Upgrade, including without limitation, the brand of equipment installed, installation timelines, content of EnerGuide Assessments, and statements made by the Participant regarding their experience, but excluding the Participant’s name, address, and contact information, for the purposes of promoting, marketing, funding, and otherwise operating the Program.

6.3.Energy Information Release. The Applicant will provide the Administrator: (a) any and all information relating to their involvement in the Program, including without limitation, specific products or equipment installed in the Home under the Program and such associated costs, correspondence with their Contractor, Quotes, and a copy of their EnerGuide Assessments; and (b) the Home’s fuel data, electricity data, and any equipment operational data collected (whether manually, digitally, or remotely) for a period of twelve (12) months prior to and twelve (12) months after any Home Energy Upgrade to assist with evaluation of the Home Energy Upgrade and the Program, in a manner reasonably requested by the Administrator.

6.4. Program Evaluation. The Applicant will complete, on request, a survey regarding the Program and will respond to the Administrator’s other inquiries regarding the Applicant’s experience with the Program. The Administrator will own all intellectual property rights in any of the survey results or experience summaries.

7. Representations, Warranties, and Indemnity

7.1. No Representation or Warranty and No Liability. The Administrator does not make any representation or warranty to the Applicant whatsoever, expressed or implied, in any way relating to the Program, any EnerGuide Assessment, any Home Energy Upgrade, any Contractor, nor any product or service provided in relation to same. Without limiting the generality of the foregoing, the Administrator will have no liability whatsoever to the Participant respecting:

7.1.1. the Participant’s suitability or eligibility for the Program;
7.1.2. the completion, quality, safety, suitability, fitness, workmanship, performance, compliance, or other feature of any Home Energy Upgrade or any product used or service rendered in relation thereto;
7.1.3. any damage, loss, injury, death, or other consequence caused by a Contractor; and
7.1.4. any damage, loss, injury, death, or other consequence suffered by any person in relation to the Program.

7.2.No Endorsement. With the exception of the Program, the Administrator does not endorse any program, manufacturer, product, measure, contractor, or lender. Notwithstanding that the Program documents and information or the Administrator’s correspondence may expressly reference the names of certain manufacturers, products, measures, contractors, or lenders, such references do not constitute an endorsement thereof, and by corollary, the Administrator does not imply any unsuitability of manufacturers, products, measures, contractors, or lenders not expressly mentioned therein.

7.3.Indemnification. The Applicant will indemnify, protect, and hold harmless the Indemnified Parties from and against all Losses arising out of, or in consequence of these Terms, the Applicant’s participation in the Program as the case may be.

7.4. Indirect Damages. Notwithstanding anything herein contained to the contrary, in no event whatsoever will the Indemnified Parties be liable for any claim for: (a) punitive, exemplary or aggravated damages; (b) damages for loss of profits or revenue; (c) indirect, consequential or special damages of any kind; or (d) contribution, indemnity or set-off in respect of any claims against the Applicant by any third party.

7.5.Maximum Liability. Without limiting the generality of sections 7.1 and 7.4 hereof, the maximum total liability of the Indemnified Parties for any Losses whatsoever, under any circumstances, regardless of the cause of action and including without limitation claims for breach of contract, tort, negligence or otherwise, and the Applicant’s sole remedy therefore, will be strictly limited to an award for direct, provable damages not to exceed the amount of $100 CAD.

7.6. Report Breach or Change. If the Applicant is in breach of any requirements set out on https://retrofitassist.ca/, the Program documentation, or these Terms, or the Applicant no longer meets the Eligibility Requirements for any reason, the Applicant will immediately provide the Administrator with notice in writing explaining in reasonable detail the details of such breach or failure to meet Eligibility Requirements.

8. Additional Terms.

8.1. All Terms Covenants. Any term herein which requires the Applicant to do or refrain from doing something are covenants, subject to any efforts or limitations ascribed thereto. All such covenants herein are material terms hereof.

8.2. Assignment. The Applicant may not assign all or any part of its rights or obligations hereunder to any person without prior written consent of the Administrator.

8.3. Contra Proferentum. No term, clause, or part of these Terms will be interpreted in favour or not in favour of a party by virtue of the fact that such party solely, primarily or in part prepared, drafted, circulated, or otherwise contributed to the finalization and execution of these Terms.

8.4. Counterparts and Digital Signatures. These Terms may be executed in one or more counterparts, including digitally or physically signed .pdf or photograph format documents, each of which will be considered to be an original but all of which together will constitute one and the same document. For greater certainty, a digital signature, whether certificated or not, will be deemed to have the same force and effect of a manual signature.

8.5. Entire Agreement. Except as set out in these Terms, these Terms form the entire agreement between the parties respecting the subject matter herein and supersede and revoke any and all previous discussions, negotiations, arrangements, letters of intent, offers to lease or license, and representations, whether written or oral. There are no covenants, agreements, representations, or warranties between the parties whatsoever other than those set out in these Terms.

8.6. Governing Law.

8.6.1. These Terms are governed by the laws of British Columbia and Canada as applicable.

8.6.2. For greater certainty, if the Home is located within the limits of a regional district, municipality, or reserve, the rules, regulations, bylaws and other ordinances of such regional district, municipality, or reserve are laws for the purposes of these Terms.

8.6.3. Any dispute between the parties which is dealt with by a judge or court will be dealt with exclusively in the courts of British Columbia sitting in Fernie.

8.7. Headings. Headings have been inserted herein as a matter of convenience and for reference only, and in no way define, limit, enlarge, modify, explain, or clarify the scope, meaning, content, or interpretation of these Terms.

8.8. Independent Legal Advice and Legal Fees. The Applicant has had an opportunity to seek and obtain legal advice or has waived their opportunity to obtain legal advice respecting review of these Terms. The Applicant has read and understands these Terms represents and warrants to the Administrator that it has read and understands these Terms. The Applicant will bear its own legal fees in relation to preparing, reviewing, negotiating, and executing these Terms as well as any legal fees in relation thereto.

8.9. Joint and Several Liability. If the Applicant consists of more than one party, then the obligations of the Applicant will be joint and several.

8.10. Law. Any reference to a statute or law means the statute or law and any regulations made under them as amended, replaced, enacted, or re-enacted from time to time.

8.11. Notices.

8.11.1. Whenever under these Terms one party is required or permitted to give notice to the other, such notice will be in writing.

8.11.2. Notices to the Applicant may be given by personal service, posting by registered, pre-paid mail to the address or email address provided by the Applicant in the Application Materials, or such other address furnished by the Applicant to the other Administrator in writing during the Term.

8.11.3. Notices to the Administration must be sent to:
PO Box 20129 Fairview PO Vancouver, BC V5Z 1E0

8.11.4. Notices hereunder will be deemed given upon the earlier of delivery or five (5) days after such notice is mailed by registered or certified mail or on the date the notice is sent via electronic mail.

8.12. Privacy. The Applicant will keep the Confidential Information strictly confidential.

8.13. Relationship. The relationship of the Applicant and Administrator will at all times be that of independent entities. Neither party will represent itself to be an agent, partner, officer, director, or employee of the other party. The relationship under these Terms will not create any legal partnership, joint venture, agency relationship, tenancy relationship, franchise relationship or other form of legal association between the parties that would impose a liability between the parties or to third parties.

8.14. Severability. If any part of these Terms is declared or held invalid for any reason, the invalidity of that part will not affect the validity of the remainder of these Terms, which will continue in full force and effect and be construed as if these Terms had been executed without the invalid part. Notwithstanding any rule of law or equity to the contrary, if any part of these Terms is declared or held invalid for any reason, the provision will only be read down, declared, or held invalid to the extent of the invalidity.

8.15. Successors and Assigns. These Terms are binding and of benefit to each party’s respective executors, administrators, successors, assigns, heirs, and other legal representatives, as the case may be.

8.16. Survival. Save and except for the Applicant’s obligations under section 5 hereof, the representation and warranties made by the Applicant under these Terms will survive the termination of these Terms and the Applicant will remain liable for all covenants set out in these Terms and any contracts entered into as between the Applicant and any third parties which relate to the Program.

8.17. Time is of the Essence. Time is of the essence in these Terms and will remain so notwithstanding any extension or grant of additional time beyond the timelines set out herein by any party. If an Applicant commences a Home Energy Upgrade under the Program, they will use reasonable efforts to commence the Home Energy Upgrade within twelve (12) months of being accepted into the Program and finish the Home Energy Upgrade within eighteen (18) months of being accepted into the Program.

8.18. Waiver. No condoning, excusing, or overlooking by a party of any term hereof in such party’s favour will operate as a waiver of, or otherwise affect the rights of such party in respect of enforcing such term after such action. No waiver is enforceable unless express and in writing.

[End of Participant Terms & Conditions. Schedule follows.]

SCHEDULE 1: DEFINITIONS

In these Terms, the following capitalized terms have the meanings ascribed to them below, and will apply to the singular and plural forms of each term:

Administrator means Community Energy Association.

Applicant means a homeowner of a home located within a Participating Community that wishes to participate in the Program. For further clarity, these Terms may refer to such homeowner as ‘Applicant’ even after the homeowner has become a Participant pursuant to section 4.3 of the Terms.

Application means an application to become a Participant, substantially in the form linked here: https://retrofitassist.ca/apply/.

Application Materials means any information, documents, or materials submitted by the Applicant to the Administrator in relation to the Application, whether or not explicitly requested by the Administrator, and includes, without limitation, the Application.

Confidential Information means any information that may be reasonably considered confidential or proprietary to the Administrator, the Retrofit Assist Contractors, or the Retrofit Assist + Lenders including, without limitation, information regarding the application process, the content of any communications between such parties and the Applicant, and the content of any training materials or presentations provided by the Administrator to the Applicant.

Contractor means the individual, company, or organization carrying on the business of providing residential property construction, renovation, and repair services which the Participant will retain to undertake the Home Energy Upgrade pursuant to section Error! Reference source not found. of the Terms.

Eligibility Requirements has the meaning given to it in section 4.1 of the Terms.

EnerGuide Assessment means an assessment of a Home’s energy performance and includes recommendations for improving energy efficiency conducted by a registered energy advisor and typically includes an assessment of airtightness, insulation levels, the performance of windows and doors, heating, cooling, air circulation and water heating equipment.

Home means a single-detached home, mobile home on a permanent foundation, duplex, triplex, row home, or townhome that is: (a) located in a Participating Community; and (b) has its own natural gas or electricity meter.

Home Energy Upgrade means activities undertaken to improve home comfort and energy performance including, but not limited to, improving the building envelope (with enhanced air sealing, insulation, and windows and doors), upgrading mechanical systems (i.e., space heating, cooling, water heating, and ventilation) with more efficient and lower carbon equipment, and installing renewable energy systems.

Home Energy Upgrade Incentive Program means any Home Energy Upgrade related funding, financing, grant, rebate, incentive, or other like benefit offered, without limitation, by FortisBC, BC Hydro, CleanBC, or any Provincial or Federal program, and excludes the Program.

Indemnified Parties means the Administrator and its members, directors, employees, contractors, agents, affiliates, and other representatives.

Losses means all losses, claims, demands, payments, damages, judgments, expense, actions, causes of action, and costs.

Participating Community means any municipality, village, regional district, or other civic region within which the Program is operated.

Participant means an Applicant who has become a Participant pursuant to section 4.3 of the Terms.

Privacy Policy means the Administrator’s privacy policy, accessible via the following link: https://retrofitassist.ca/privacy-policy/, as is amended from time to time at the Administrator’s sole, absolute, and exclusive discretion.

Program means the Retrofit Assist program as described in these Terms and at https://retrofitassist.ca/ and as amended from time to time at the Administrator’s sole, absolute, and exclusive discretion.

Program Benefits means the services, supports, benefits, and incentives offered to Participants as part of the Program.

Quotes means any quotes provided by a Contractor or Retrofit Assist Contractor in relation to a Home Energy Upgrade.

Retrofit Assist Contractor means an individual, company, or organization carrying on the business of providing residential property construction, renovation, and repair services, that the Administrator has approved to provide Home Energy Upgrades to Participants.

Terms means the terms and conditions entered into as between the Administrator and the Applicant, and as applicable, includes this Schedule 1.