1. Access and Use
1.1 By accessing and using the Home Construction Regulatory Authority (“HCRA”) website, you agree to be bound by the terms and conditions outlined in this Terms of Use for the HCRA Website (the “Terms”). If you do not want to be bound by the Terms, you should not access or use the website.
1.2 If you are dissatisfied with the Terms or the website, your only remedy is to immediately discontinue use of the website.
1.3 By accessing and using the HCRA website, you agree to use it in a lawful manner, consistent with all relevant provincial, federal, and international laws and regulations.
1.4 HCRA may change the Terms at any time. Changes to the Terms become effective when they are posted on the website. If any change is unacceptable to you, you should not access or use the website. By continuing to access and use the website, you accept and agree to be bound by the changes.
2. Accuracy and Security
2.1 HCRA website is provided on an “as is” basis. Although HCRA makes every effort to ensure that all information posted on the website is accurate and complete, HCRA does not make any representations or warranties that the information is free from error.
2.2 HCRA shall not be liable, whether in negligence, defamation or otherwise, for the accuracy or completeness of the information on the website including without limitation, for any losses arising directly or indirectly from any inaccuracy or lack of completeness of the information on the website.
2.3 HCRA may change any part of the website at any time. This includes, but is not limited to, changes to the website’s content, available features, and restrictions. HCRA reserves the right to correct any errors or omissions on the website, in its sole discretion.
2.4 HCRA also makes every effort to ensure that the website is secure and free from viruses and other harmful agents. However, it does not represent or warrant that the website is secure. By accessing and using the website, you acknowledge and agree that you are doing so at your own risk.
2.5 HCRA strives to protect your information when you use HCRA’s Online Application Portal. However, HCRA makes no representations or warranties regarding the security or confidentiality of information sent through the Online Application Portal. By accessing and using the Online Application Portal, you acknowledge and agree that you are doing so at your own risk.
3. Linking
3.1 Certain links on the HCRA website may take you to other external (that is, non-HCRA) websites or sources. HCRA provides these links only as a convenience. It does not endorse and is not responsible for the contents of any linked website or source.
HCRA does not endorse and is not responsible for the contents of any website or source that links to the HCRA website.
4. Use of Cookies
4.1 Cookies are small files sent from the website to a user’s device. The HCRA website uses cookies to authenticate users for the purpose of the online application portal and to analyse aggregate data regarding the use of HCRA’s website. By accessing and using the website, you acknowledge that you are aware of and agree to the website’s use of cookies.
5. Usernames and Passwords
5.1 Some features of the HCRA website may be accessed by use of a username and password. You are solely responsible and liable for any use and misuse of your username and password and for all activities that occur under your username and password. You must keep your username and password confidential other than from the HCRA.
5.2 All usernames and passwords are the property of HCRA, and may be cancelled or suspended at any time by HCRA without any notice or liability to you or any other person.
5.3 You must immediately notify HCRA of any unauthorized use of your username or password, or if you know or suspect that your username or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
6. Online Application Portal
6.1 HCRA’s Online Application Portal allows users to complete and submit online applications for licensing as new home builders and vendors in accordance with the New Home Construction Licensing Act, 2017. By accessing and using the Online Application Portal, you agree that:
7. Notice and Consent to Use, Collection and Disclosure of Information
7.1 By accessing and using the Online Application Portal, you consent to the HCRA making inquiries and collecting, using and disclosing information about me as determined by the HCRA to be necessary in its sole discretion for the purpose of determining the Applicant's entitlement to the issuance or renewal of a licence, including obtaining credit reports and police record checks and other information (collectively, the “Information”) with respect to the individuals listed on this application form, the Applicant, and the Applicant’s interested persons.
7.2 The HCRA is collecting the Information pursuant to the New Home Construction Licensing Act, 2017, including its regulations (“NHCLA”). Pursuant to the Access and Privacy Code, being Schedule I to the Administrative Agreement between the HCRA and the Minister of Public and Business Service Delivery, the HCRA may use the Information without your consent, and for purposes other than those for which it was collected, if (amongst other reasons) the Information is used or disclosed for purposes related to ongoing licensing, inspection, investigation or enforcement activity of the HCRA in accordance with NHCLA.
7.3 To complete or verify the Information, it may be necessary for HCRA to the request and receive additional information from other sources, including Tarion Warranty Corporation (“Tarion”), provincial or municipal government departments and agencies, licensing and regulatory bodies, and law enforcement agencies. Information is shared between HCRA and Tarion in accordance with NHCLA and the Ontario New Home Warranties Plan Act to support both the HCRA and Tarion in carrying out their respective statutory mandates.
A copy of the HCRA Access to Information and Privacy Code is available at www.hcraontario.ca/about/governance.If you have questions relating to the collection and disclosure of information, please contact: info@hcraontario.ca
8. Ontario Builder Directory
8.1 The Ontario Builder Directory (the “OBD”) contains important information about new home builders and vendors in Ontario. HCRA provides public access to the OBD on its website for the purpose of public protection.
8.2 Although HCRA makes every effort to ensure that all information in the OBD is up-to-date, accurate and complete, HCRA does not make any representations or warranties that the information is free from error. HCRA shall not be liable for the accuracy or completeness of the information on the OBD including without limitation, for any losses arising directly or indirectly from any inaccuracy or lack of completeness of the information on the OBD.
8.3 Because HCRA relies on licensees and others to provide HCRA with some of the information contained in the OBD, there may be some delay between when an event occurs and when the information is available in the OBD. If you have a question about the contents of the OBD, please contact info@hcraonatio.ca.
8.4 The OBD is intended for private, non-commercial use. Any commercial use of the information in whole or in part, directly or indirectly, is specifically forbidden.
9. Privacy and Information Sharing
9.1 HCRA is the regulatory authority for new home builders and vendors and Tarion Warranty Corporation is the warranty authority. If you share information with HCRA, you acknowledge that HCRA may need to disclose your information to Tarion or to the Minister of Government and Consumer Services or to any other person or organization as authorized by the New Home Construction Licensing Act, 2017 and in accordance with HCRA’s Access to Information and Privacy Policy. If you have any questions relating to the collection and disclosure of information, please contact info@hcraontario.ca. HCRA’s Access to Information and Privacy Policy is Schedule I to the Administrative Agreement made between the Government of Ontario and HCRA, viewable here:
Administrative Agreement
10. Copyright and Reproduction
10.1 Copyright © 2020 Home Construction Regulatory Authority. The contents of the HCRA website may only be reproduced if the following conditions are met:
11. Applicable Law
11.1 The Terms are governed by the applicable laws of Ontario and Canada. By accessing and using the HCRA website, you agree to submit to the jurisdiction of the courts of Ontario with respect to all matters relating to your access to and use of the website.
11.2 If any portion of the Terms is deemed to be invalid or unenforceable, that portion shall be deemed severed. The remaining portions of the Terms shall remain in full force and effect.
12. Limitation of Liability
12.1 In no circumstances shall HCRA, its directors, employees or agents be liable for any loss or damages whatsoever arising from the use of the website, inability to access or use the website, reliance on the content of the website or reliance on any information linked to or from the website. This includes, but is not limited to, any direct, indirect, incidental, special, punitive, or consequential damages.