The HCRA evaluates each complaint to determine the most appropriate action to address the specific concern and to support ongoing builder and vendor compliance.
The HCRA may determine that no action will be taken if the allegations contained in the complaint are not supported by the evidence and information obtained by the HCRA.
The complaint may be outside the HCRA’s jurisdiction. If the complaint is not within the HCRA’s mandate, the HCRA will advise you in a timely manner and, where appropriate, provide advice on a more applicable channel to pursue the matter. The following are pathways the HCRA complaint process can take.
Resolution The HCRA will attempt to facilitate agreement on a solution to the complaint between the complainant and the builder or vendor who is the subject of the complaint.
Potential Registrar actions Directions the HCRA Registrar may choose include:
Education Builders and vendors may be required to take further education courses or pay for courses of any of their employees if it is found that the complaint resulted from a lack of knowledge or skill.
Warning The builder may be given a written warning that will remain on their file with the HCRA. The warning letter will be taken into consideration in the event of future complaints.
Conditions The HCRA Registrar may propose a condition on a licence.
Non-renewal Licensees are required to renew their licence with the HCRA on an annual basis. A licensee’s complaint file will be taken into consideration at the time of renewal.
Suspension A licensee may have their licence suspended until further actions can be determined. If the builder or vendor does not agree with the suspension, they can ask for a hearing by the Licence Appeal Tribunal (LAT).
Revocation A licence may be revoked by the HCRA Registrar. If the builder or vendor does not agree with this action, they may appeal to the Licence Appeal Tribunal (LAT).
Potential Court action:
Provincial court prosecution Persons who contravene the New Home Construction Licensing Act, 2017 (NHCLA) or its regulations, may be prosecuted in the Ontario Court of Justice. Individuals convicted of an offence under the NHCLA are liable to fines and/or imprisonment and/or may be subject to an order to pay compensation and/or make restitution.