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The Ontario New Home Warranties Plan Act, (ONHWPA) creates statutory warranties that all builders and vendors of new homes must provide to the homeowners. These warranties include that homes are fit for habitation and constructed in accordance with applicable standards. Tarion Warranty Corporation (Tarion) is responsible for administering the ONHWPA, which includes administering warranties and protections claims.
Tarion issues decisions regarding warranty claims from homeowners.
The Registrar, Ontario New Home Warranties Plan Act (Registrar), issues Notice of Proposals to builders and vendors regarding qualifying new homes for enrolment or to enroll new homes.
Homeowner Claims:
A homeowner who receives a Decision Letter denying their warranty claim items from Tarion may appeal to the Licence Appeal Tribunal (LAT).
A homeowner can contact Tarion to obtain their Decision Letter.
New Home Registrations:
A builder or vendor may file a Notice of Appeal with LAT if they disagree with a Notice of Proposal issued by the Registrar, with respect to enrolling new homes in the Plan.
The Registrar issues a Notice of Proposal to suspend, revoke, cancel, or add conditions to an existing enrolment.
The following are the authorities of the LAT:
Homeowner Claims:
Following a hearing, LAT may order Tarion to pay compensation to the homeowner or to arrange for repairs. LAT may also confirm the Tarion decision letter.
New Home Registrations:
LAT may direct the Registrar to carry out the Registrar’s proposed action or substitute the condition(s) that it sees fit.
Homeowners who receive a Decision Letter from Tarion have 30 days from the date they were served the Decision Letter to submit a written request for a hearing/appeal to LAT.
A builder/vendor who receives a Notice of Proposal from the Registrar, ONHWPA have 15 days from the date they were served the Notice of Proposal to submit a written request for a hearing/appeal to LAT.
If the Appeal is filed after the 15 or 30 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:
For more information, visit out Filing and Fees page.
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.