Potential outcomes of your complaint

The HCRA evaluates each complaint to determine the most appropriate action to address the specific concern and to support ongoing compliance by licensed vendors and builders.

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.

  1. No Action
    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.
  2. Resolution
    As a first consideration, the HCRA will attempt to facilitate agreement on a solution to the complaint between the complainant and the licensee who is the subject of the complaint.
  3. Potential Registrar Actions
    Below are the directions the Registrar may choose to enforce as an outcome of a complaint, please also see the Registrar’s recent activities and enforcement:
    • Education
      The Registrar may require licensees 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 Registrar may issue a written warning to the licensee 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 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.
    • Revocation
      The Registrar may revoke a licence.
    • Refer a Matter to the Discipline Committee
      The Registrar may refer a matter to the Discipline Committee if the HCRA receives a complaint about the conduct of a licensee and believes that the conduct may have violated the Code of Ethics.
    • Administrative Penalty
      The Registrar may impose an administrative penalty of up to $50,000 as a financial penalty to licensees who fail to meet conduct expectations, the law and to those who illegally build/sell new homes. In some cases, proceeds of the administrative penalty allow the HCRA to provide funds to adversely impacted consumers.*
  4. Licence Appeal Tribunal (LAT)
    Licensees and/or applicants may appeal decisions made by the Registrar. Learn more details on the LAT process.
  5. Potential Court Action:
    The HCRA can lay charges under the New Home Construction Licensing Act, 2017 (NHCLA), the Ontario New Home Warranties Plan Act (ONHWPA) or the Provincial Offences Act (POA). A conviction for an offence under the NHCLA, ONHWPA, and POA may come with fines; imprisonment; an order to pay compensation and/or make restitution. These cases are heard in provincial court.
  6. Discipline Committee
    The Discipline Committee hears and determines whether licensees have complied with the Code of Ethics.

    The Discipline Committee may order a licensee to:
    • Take further educational courses
    • Fund educational courses for persons that the licensee employs or to arrange and fund the courses
    • Pay a fine up to a maximum of $50,000 for individual licensees and $100,000 for non-individual licensees to be paid to the regulatory authority
    • Suspend or postpone the taking of further educational courses, the funding or the arranging of educational courses or the imposition of the fine for the period and upon the terms the committee designates
    • Fix and impose costs that the licensee is required to pay to the HCRA
    Licensees may appeal decisions of the Discipline Committee to the Appeals Committee. The Appeals Committees has the same orders as the Discipline Committee.

*If the licensee does not agree with this action, they may appeal to the Licence Appeal Tribunal.