The Government of Ontario has long recognized that the construction industry is a volatile industry requiring some measure of protection for those companies and individuals supplying labour and materials to job sites. In 1983, the Government enacted the Construction Lien Act to replace the Mechanic’s Lien Act. The effective dates of the new Construction Act (“The Act”) are:
- July 1, 2018 – Amendments to liens and hold-back rules
- October 1, 2019 – Amendments dealing with prompt payment, adjudication and municipalities
The Act represents a complete overhaul of the Construction Lien Act which was enacted in 1983, with only minimal amendments having been made since then. Prompt payment and adjudication are brand new substantive regimes introduced for the first time in the Act. The Act is a creature of the legislature and creates a procedural scheme designed to have disputes resolved in a more summary fashion than is ordinarily available. It allows for those having a direct contract with one another to have their rights and responsibilities defined but also provides rights and responsibilities for those in the construction pyramid, even where a direct contract is not found.
The following guide was created by the seven partner associations of Link2Build Ontario to help their members to understand and adapt to the newly launched Act. View it below, or click here to view and save the PDF.
Member-exclusive resources
The CCA can help you run your business better by providing useful resources and information on numerous topics, which are completely free to GVCA members. Log in to your account to access free guides, forms, toolkits and policy templates including: Contact Us for password to access your free guides and resources.
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An Owners’ Guide to Prompt Payment Under the Construction Act
- Banking Guide for the Canadian Construction Industry
- CCA Guide to Doing Business in the US
- CCA Human Resource Toolkit
- CCA Tax Guide to Employer-provided Vehicles and Allowances
- Construction Accounting Best Practices – Guide on Revenue Recognition
- Drug and Alcohol Policy Resource Material
- Guide to Cost Predictability in Construction
- Guide to Public-private Partnerships in Canada
- Ready-mixed Concrete Information
- Registration of Constructors and Employers Engaged in Construction
CCA-50, CCA-61, CCA-81, CCA-82 and CCA-83 guides are also available free of charge.
Publishing a certificate
Certificates of Substantial Performance and other notices may now be published through GVCA partner Link2Build. Link2Build is fully compliant with the requirements set out by the new Construction Act, and charges just $199 per notice - regardless of length. Click here to start publishing CSPs.
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