Privacy Policy
The access and privacy policy (“Policy”) for the Home Construction Regulatory Authority (“HCRA”, or “we”) describes how and why we might collect, store, use and/or share your information when you engage with us. The full Policy is available as Schedule I to the Administrative Agreement between the HCRA and Her Majesty The Queen in Right of the Province of Ontario, as represented by the Minister of Government and Consumer Services. A summary of the Policy is provided below.
By accessing, using or downloading materials from this website, or otherwise engaging with the HCRA, you agree to accept and abide by the Policy.
Collection, Use and Privacy of Personal Information
The HCRA shall limit the collection of personal information to that which is necessary to carry out the HCRA’s administration of the New Home Construction Licensing Act, 2017 (“NHCLA”) and to fulfill its consumer protection and regulatory mandate.
The HCRA collects personal information from new home purchasers, new homeowners and other members of the public in relation to complaints made and concerns raised about licensees. The primary purposes of collecting this information are to assess whether a person has a valid complaint or has raised a valid concern about a licensee, to provide information regarding the person’s rights and responsibilities, and to handle or resolve the complaint or concern.
The HCRA collects personal information from applicants for a licence and from licensees (including officers, directors, interested persons, and associated persons of applicants and licensees). The primary purposes of collecting this information are to determine if the person is entitled to a licence or renewal of a licence under the NHCLA and to ensure compliance with the NHCLA.
The HCRA collects information, which may include personal information, from Tarion Warranty Corporation (“Tarion”) regarding the warranty plan administered under the Ontario New Home Warranties Plan Act (“ONHWPA”) and regarding historical registration information for the purposes of assessing whether a person is entitled to or remains entitled to a licence and to ensure compliance with the NHCLA and ONHWPA.
The HCRA may collect information from vendors, builders and other prescribed persons as required by the NHCLA, including for the purpose of providing that information to Tarion.
By providing the HCRA with personal information, an individual consents to its use and disclosure in accordance with this Policy. As well, such consent may be implied through the individual’s conduct with the HCRA.
Subject to the exception set out below, where the HCRA collects personal information, it shall,
a) Only collect personal information directly from the individual to whom the information relates, unless the individual authorizes another manner of collection; and
b) Explain to the individual the purpose for collecting the personal information and, at or before the time of collection, obtain their consent for its collection, use and disclosure by the HCRA for that purpose.
Where it is necessary for the administration of the NHCLA, the HCRA may collect personal information without the knowledge or consent of the individual to whom the information relates, and/or without communicating the purpose of the collection.
The HCRA may use or disclose personal information without the consent of the individual, or for purposes other than those for which it was collected, if:
a) the information is shared with the Minister, Tarion, or a prescribed entity in accordance with the NHCLA;
b) the information is used or disclosed for purposes related to ongoing licensing, inspection, investigation or enforcement activity of HCRA pursuant to the NHCLA;
c) it is required in connection with a proceeding under the NHCLA or in connection with the administration of the NHCLA;
d) it is requested by a ministry, department or agency of a government engaged in the administration of legislation similar to NHCLA or legislation that protects consumers or to any other entity to which the administration of legislation similar to NHCLA or legislation that protects consumers has been assigned;
e) it is authorized under the Regulatory Modernization Act, 2007;
f) it is requested by an entity or organization prescribed under the NHCLA, if the purpose of the communication is consumer protection;
g) it is requested by a law enforcement agency;
h) it is requested by the counsel of the person to whom the personal information relates;
i) the information is subject to an agreement the HCRA has entered into with a third-party consultant or service provider to manage or use the HCRA records on its behalf, if such agreement requires the third party to comply with this Policy and have in place security safeguards comparable to those used by the HCRA;
j) if required by law or pursuant to a court order;
k) it is disclosed for the purpose for which it was obtained or for a consistent purpose;
l) it is disclosed to the HCRA’s counsel; or
m) the information is publicly available.
Any person may submit a request for access to information for records containing their own personal information, public information in the custody and control of the HCRA; or information that may be communicated under section 80 of the NHCLA.
For more details: