Information Sheet - Appeals under the New Home Construction Licensing Act, 2017

(Disponible en français)

Introduction to New Home Construction Licensing Act, 2017

The New Home Construction Licensing Act, 2017 (NHCLA), establishes a regulatory scheme for builders and vendors of new homes in Ontario. The Home Construction Regulatory Authority is the authority under the NHCLA with the responsibility for regulating home builders and vendors. It makes decisions about licensing and enforcement with respect to builders and vendors.

Hearings and Appeals under New Home Construction Licensing Act, 2017

Who Can Appeal?

A builder or vendor who applies for a licence, or who is currently licenced under the NHCLA, can appeal the following proposals or orders by the Registrar, Home Construction Regulatory Authority to the Licence Appeal Tribunal (LAT):

• Refusal to grant a licence
• Refusal to renew a licence
• Revocation of a licence
• Order Suspension of a licence
• Imposition of conditions on a licence
• Order to cease false advertising
• Freeze Order under S.65 and S.66 of the NHCLA
• Compliance Order under S.67 and S.68 of the NHCLA
• Administrative Penalty under S.77 of the NHCLA

Authority of the Licence Appeal Tribunal

The following are the authorities of the LAT:

• Direct the Registrar to carry out the Registrar’s proposed action
• Substitute its opinion for that of the Registrar or may attach conditions to its order or to a licence
• S.67 and S.68 – order to proceed with the proposed Compliance Order or an order to refrain from making the Compliance Order
• S.77 - confirm, revoke or vary the assessor’s order, and the appeal body may attach conditions to its order

How to Appeal

A builder or vendor who receives a Notice of Proposal or Order from the Registrar, Home Construction Regulatory Authority has 15 days from the date they were served with the Proposal or Order to submit an appeal to LAT.

If the Appeal is filed after the 15 days, a Notice of Motion requesting an extension of time to file the appeal must be included.

You must complete and submit the Notice of Appeal form to LAT. Appeals can be filed with the LAT via e-mail to LATregistrar@ontario.ca, or via mail to: 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6. To ensure your appeal is complete, please ensure you have included the following documents:

• A completed Notice of Appeal – Registration, Certificate, Licence, Claim Denial, Order
• A copy of the Notice of Proposal or Order
• Filing Fee
• Certificate of service, which can be found on the Forms page
• Notice of Motion to extend time if the appeal is file after the 15 days

For more information, visit out Filing and Fees page.

Additional Resources

The LAT website has additional Information Sheets, Rules of Practice, Practice Directions, FAQs and other useful information.

This information sheet is intended to provide general information. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.