If You Are the Subject of a Complaint
The Home Construction Regulatory Authority’s (HCRA) Professional Conduct team handles complaints about licensed home builders and sellers, including potential violations of the Code of Ethics. As a licensee, you are expected to maintain integrity, honesty, and professionalism in your business, with a zero-tolerance policy for harassment, discrimination, misrepresentation, or bullying.
We understand that being the subject of a complaint may be stressful. All complaints are taken seriously and thoroughly reviewed. However, it’s important to remember that a complaint is an allegation, not a finding of wrongdoing. The HCRA does not make assumptions about the complaint’s merits or outcome before everyone involved in the complaint has had the chance to respond and provide evidence.
What Types of Complaints Can Be Submitted to the HCRA?
Anyone, including consumers, purchasers, real estate professionals, building officials or other licensees, can file a complaint by completing this form. The HCRA follows a fair and transparent complaints process, addressing concerns related to:
- Conduct: Assessing whether builders and sellers operate legally and uphold honesty and integrity in their business practices.
- Competency: Assessing that builders and sellers possess the necessary knowledge and experience to build, including the ability to manage their operations in a financially responsible way.
The HCRA carefully reviews complaints to determine if further action is needed. By addressing concerns in these areas, the HCRA helps maintain public confidence in the homebuilding industry and ensures fairness for everyone.
Complaints Process: What Should I Expect as a Licensee?
When the HCRA receives a complaint, it reviews the details and supporting documentation to determine if the concern, if true, would fall under its jurisdiction. If it does, the licensee will be notified and may receive a copy of the complaint and related documents.
The licensee will be given an opportunity to respond and provide any supporting information. They must also respond promptly to any HCRA requests during the complaints process. If the evidence supports the concerns, the HCRA will take the appropriate regulatory action.
Frequently Asked Questions
As a licensee, you must provide requested documents promptly. All responses must be submitted in writing (not on a “without prejudice” basis) and meet any HCRA-set deadlines to ensure a fair outcome.
Yes, you must comply with HCRA’s request for information, even if the matter is being litigated separately. The HCRA complaints process operates independently from the civil litigation process.
Yes, you must still respond to the HCRA. The HCRA manages complaints about the professional conduct of licensees, while Tarion addresses new home defects and warranty claims. The two processes are independent, and both need to be addressed separately.
No, a lawyer is not required to respond to the HCRA. However, you can get independent legal advice or retain a lawyer to help you in the process if you wish.
Outcomes and regulatory actions such as conditions on the licence, any notices or orders issued, are posted on the HCRA website and the Ontario Builder Directory for transparency.
If you have been notified of a complaint against you, please contact the HCRA’s Professional Conduct team for more information at complaints@hcraontario.ca.