Steps:
- Reporting a Complaint
- Determining if IEU can intervene
- Intervention
- If non-compliance, refer to Supervisor
- Investigation
- Prosecution
1. Reporting a Complaint
Either landlords or tenants can report an offence to the Investigation and Enforcement Unit (IEU) by calling our Call Centre. Once the complaint has been received, the first step is to ensure the matter is within the IEU's jurisdiction. If not, the caller may be referred to an agency that can assist.
2. Determining if IEU can intervene
Based on the information provided by a complaint, IEU staff will determine if it is within the IEU’s mandate or jurisdiction to intervene. This involves determining whether there is a possibility that an offence has been committed.
If it’s not clear that the Act applies to a particular situation, callers may be referred to the Landlord and Tenant Board (the Board). The Board can make more in-depth determinations through its formal application and hearing processes. It can also provide complainants with other options in terms of how their issues can be resolved. Compliance/Customer Service Officers on the Call Centre will explain the Board options as the situation warrants. For more information on the Landlord and Tenant Board, click here.
If it is clear that an offence has not been committed, the Compliance/Customer Services Officer (CCSO) or the IEU will not take further action. However, the CCSO may provide callers with other alternatives or agencies which may be able to assist them (e.g. the Board, Small Claims Court, Legal Clinic).
IEU has specific steps related to enforcement of the provincial Maintenance Standards. Click here to learn about this process.
3. Intervention
Once it has been determined that IEU has jurisdiction to deal with the complaint, the first step is to discuss the issues with the parties and attempt to have the alleged offending party comply with the requirements of the Act. A letter outlining the complaint is sent to the alleged offender, explaining the action required to correct the problem and outlining the relevant provisions of the Act and the maximum penalties provided in the case of conviction. If a party refuses or fails to comply with IEU's request the file may be referred to an Investigator.
4. If no compliance, refer to Supervisor
If a complaint cannot be dealt with by way of compliance or where compliance efforts have failed, the complaint may be referred to the Supervisor. If the Supervisor feels that all compliance efforts have been exhausted, the file may be assigned to an Investigator.
5. Investigation
The Investigator will review the file and, where warranted, will collect evidence, including statements from witnesses. If the Investigator has reasonable and probable grounds to believe an offence has been committed, charges may be laid against the alleged offender.
6. Prosecution
Many factors, including information gathered during an investigation, are considered before charges are laid. Not all offences referred to an Investigator will be prosecuted.
Once charges are laid, the alleged offender will have to appear before the Ontario Court of Justice (Provincial Offences Court). Witnesses may be required to attend court to give evidence. The trial in the Ontario Court of Justice (Provincial Offences Court) is generally held before a Justice of the Peace. The case has to be proven by the Prosecution beyond a reasonable doubt (the criminal burden of proof). After hearing the facts, the Justice of the Peace will give their decision. If a person is found guilty of an offence the maximum fine for an individual is $25,000 per count and $100,000 per count for a corporation.