Key Takeaways
- Law Society costs can include investigation and audit expenses (Law Society Act, s. 49.28).
- CPA Ontario costs can include investigation and prosecution expenses (CPA Act, s. 38).
- Teachers, ECEs and social workers can be ordered to pay costs (OCT Act, s. 30(5); ECE Act, s. 33(5); SWSSW Act, s. 26(5)).
- If a proceeding was unwarranted, some statutes allow costs against the regulator (OCT Act, s. 30(9); Veterinarians Act, s. 30(6)).
Who Can Order Costs
Costs powers appear in most regimes, including the Law Society Act (s. 49.28), the CPA Ontario Act (s. 38), the OCT Act (s. 30(5)), the ECE Act (s. 33(5)), the SWSSW Act (s. 26(5)), TRESA (s. 21(3)) and the MVDA discipline provisions (s. 17(4)).
Costs Against the Regulator
Where the commencement of the proceeding was unwarranted, the OCT Discipline Committee may order the College to reimburse the member’s costs (OCT Act, s. 30(9)), and the veterinary Discipline Committee may order the College to pay the member’s legal costs (Veterinarians Act, s. 30(6)).
Negotiating Costs
Costs are often negotiated with joint submissions. Ask for a breakdown, and consider proportionality and your ability to pay.
Frequently Asked Questions
Are costs part of the penalty?
CMTO, for example, describes costs as not part of the penalty but considered at the penalty phase.
Can I pay over time?
Payment terms can sometimes be negotiated or ordered.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Law Society Act, s. 49.28 — Checked November 10, 2026.
- Chartered Professional Accountants of Ontario Act, 2017, s. 38 — Checked November 10, 2026.
- Ontario College of Teachers Act, 1996, s. 30 — Checked November 10, 2026.
- Early Childhood Educators Act, 2007, s. 33 — Checked November 10, 2026.
- Social Work and Social Service Work Act, 1998, s. 26 — Checked November 10, 2026.
- Veterinarians Act, s. 30 — Checked November 10, 2026.
- Trust in Real Estate Services Act, 2002, s. 21 — Checked November 10, 2026.
- Motor Vehicle Dealers Act, 2002, s. 17 — Checked November 10, 2026.