Construction Act

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Sections323

• 1Definitions

  1 (1) In this Act, “action” means an action under Part VIII; (“action”) “broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010; (“organisme du secteur parapublic”) “contract” means the contract between the owner and the contractor, and includes any amendment to that contract; (“contrat”) “contractor” means a person contracting with or employed directly by the owner or an agent of the owner to supply services or materials to an improvement and includes a joint venture entered into for the purposes of an improvement or improvements; (“entrepreneur”) “court” means the Superior Court of Justice; (“tribunal”) “Crown” includes a Crown agency to which the Crown Agency Act applies; (“Couronne”) “holdback” means the 10 per cent of the value of the services or materials supplied under a contract or subcontract required to be withheld from…

• 1.
• 1.1Alternative financing and procurement arrangements

  1.1 (1) This section applies if the Crown, a municipality or a broader public sector organization, as the owner of a premises, enters into a project agreement with a special purpose entity that requires the entity to finance and undertake an improvement on behalf of the Crown, municipality or broader public sector organization, as the case may be, and, for the purpose, to enter into an agreement with a contractor in respect of the improvement. 2017, c. 24, s. 3 (1). Application of Act, regulations (2) Except as provided by this section, this Act and the regulations apply, with the modifications set out in this section and any other necessary modifications, (a) to a project agreement between the Crown, a municipality or a broader public sector organization and a special purpose entity as if the project agreement were a contract and the special purpose entity were the contractor; and (b) t…

• 2.
• [s2]
• 2When contract substantially performed

  2 (1) For the purposes of this Act, a contract is substantially performed, (a) when the improvement to be made under that contract or a substantial part thereof is ready for use or is being used for the purposes intended; and (b) when the improvement to be made under that contract is capable of completion or, where there is a known defect, correction, at a cost of not more than, (i) 3 per cent of the first $1,000,000 of the contract price, (ii) 2 per cent of the next $1,000,000 of the contract price, and (iii) 1 per cent of the balance of the contract price. R.S.O. 1990, c. C.30, s. 2 (1); 2017, c. 24, s. 4 (1, 2). Same (2) For the purposes of this Act, where the improvement or a substantial part thereof is ready for use or is being used for the purposes intended and the owner and the contractor agree not to complete the improvement expeditiously, the price of the services or materials r…

• PART I GENERAL
• [s3]

  Part i GENERAL

• 3.
• 3Act binds Crown

  3 (1) Subject to section 16 (where lien does not attach to the premises), this Act binds the Crown. R.S.O. 1990, c. C.30, s. 3 (1); 2017, c. 24, s. 70. (2) Repealed: 2017, c. 24, s. 5. Exception re notice of claim (3) Section 18 of the Crown Liability and Proceedings Act, 2019 does not apply in respect of an action against the Crown under this Act. R.S.O. 1990, c. C.30, s. 3 (3); 2019, c. 7, Sched. 17, s. 56. (4) Repealed: 1997, c. 23, s. 4 (1). Section Amendments with date in force (d/m/y) 1997, c. 23, s. 4 (1) - 28/11/1997 2017, c. 24, s. 5, 70 - 12/12/2017 2019, c. 7, Sched. 17, s. 56 - 01/07/2019

• 4.
• 4No waiver of rights

  4 An agreement by any person who supplies services or materials to an improvement that this Act does not apply to the person or that the remedies provided by it are not available for the benefit of the person is void. R.S.O. 1990, c. C.30, s. 4; 2017, c. 24, s. 69. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 69 - 12/12/2017

• 5.
• 5Contracts to conform

  5 (1) Every contract or subcontract related to an improvement is deemed to be amended in so far as is necessary to be in conformity with this Act. R.S.O. 1990, c. C.30, s. 5 (1). Retention of holdbacks authorized (2) Without restricting the generality of subsection (1), where the purchaser is an owner, an agreement of purchase and sale that provides for the making or completion of an improvement shall be deemed to provide for the retention of holdbacks by the purchaser, and tender by the purchaser on closing is not defective by reason only that the purchaser does not tender the amount of the holdbacks. R.S.O. 1990, c. C.30, s. 5 (2).

• 6.
• [s7]
• 6Minor errors, irregularities

  6 (1) No certificate, declaration or claim for lien is invalidated by reason only of a failure to comply strictly with subsection 32 (2), 33 (1) or 34 (5) unless, in the opinion of the court, a person has been prejudiced as a result, and then only to the extent of the prejudice suffered. 2017, c. 24, s. 6 (2); 2018, c. 17, Sched. 8, s. 2. Same (2) Minor errors or irregularities to which subsection (1) applies include, (a) a minor error or irregularity in, (i) the name of an owner, a person for whom services or materials were supplied or a payment certifier, (ii) the legal description of a premises, or (iii) the address for service; and (b) the placement of an owner’s name in the wrong portion of a claim for lien. 2017, c. 24, s. 6 (2); 2024, c. 20, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 6 (1) - 12/12/2017; 2017, c. 24, s. 6 (2) - 01/07/2018 2018, c.…

• PART II TRUST PROVISIONS
• [s8]

  Part i.1 prompt payment

• 6 #8Minor errors, irregularities
• 7.
• [s9]
• 6.1Definition, “proper invoice”

  6.1 (1) In this Part, “proper invoice” means a written bill or other request for payment for services or materials in respect of an improvement under a contract, if it contains the following information and, subject to subsection 6.3 (2), meets any other requirements that the contract specifies: 1. The contractor’s name and address. 2. The date of the invoice and the period, milestone or other contractual payment entitlement to which the invoice relates. 3. Information identifying the contract or other authorization under which the services or materials were supplied, such as a contract number, contract line item number or purchase order number. 4. A description, including quantity where appropriate, of the services or materials that were supplied. 5. The amount payable for the services or materials that were supplied, and the payment terms. 6. The name, title, mailing address and teleph…

• 8.
• 6.2Subject to holdback requirements

  6.2 A requirement to pay an amount in accordance with this Part is subject to any requirement to retain a holdback in accordance with Part IV. 2017, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 7 - 01/10/2019

• 9.
• 10.
• 6.3Giving of proper invoices

  6.3 (1) Proper invoices shall be given to an owner on a monthly basis, unless the contract provides otherwise. 2017, c. 24, s. 7. Restriction on conditions (2) A provision in a contract that makes the giving of a proper invoice conditional on the prior certification of a payment certifier or on the owner’s prior approval is of no force or effect. 2017, c. 24, s. 7. Same (3) For greater certainty, subsection (2) has no application to a provision in a contract that provides for the certification of a payment certifier or the owner’s approval after a proper invoice is given. 2017, c. 24, s. 7. Exception (4) Subsection (2) does not apply to a provision in a contract that provides for the testing and commissioning of the improvement or of services or materials supplied under the contract. 2017, c. 24, s. 7. Revisions (5) A proper invoice may be revised by the contractor after the contractor h…

• 11.
• 6.4Payment deadline, owner to contractor

  6.4 (1) Subject to the giving of a notice of non-payment under subsection (2), an owner shall pay the amount payable under a proper invoice no later than 28 days after receiving the proper invoice from the contractor. 2017, c. 24, s. 7. Exception, notice of non-payment if dispute (2) An owner who disputes a proper invoice may refuse to pay all or any portion of the amount payable under the proper invoice within the time specified in subsection (1) if, no later than 14 days after receiving the proper invoice from the contractor, the owner gives to the contractor a notice of non-payment, in the prescribed form and manner, specifying the amount of the proper invoice that is not being paid and detailing all of the reasons for non-payment. 2017, c. 24, s. 7. Requirement to pay remaining amount (3) Subsection (1) continues to apply to any amount payable under the proper invoice that is not the…

• 12.
• 6.5Full payment

  6.5 (1) Subject to the giving of a notice of non-payment under subsection (6), a contractor who receives full payment of a proper invoice within the time specified in subsection 6.4 (1) shall, no later than seven days after receiving payment, pay each subcontractor who supplied services or materials under a subcontract with the contractor that were included in the proper invoice the amount payable to the subcontractor. 2017, c. 24, s. 7. Partial payment, paid amount (2) Subject to the giving of a notice of non-payment under subsection (6), if the payment received by the contractor from the owner is only for a portion of the amount payable under a proper invoice, the contractor shall, no later than seven days after receiving payment, pay each subcontractor who supplied services or materials under a subcontract with the contractor that were included in the proper invoice from the amount pa…

• 13.
• 6.6Full payment

  6.6 (1) Subject to the giving of a notice of non-payment under subsection (7), a subcontractor who receives full payment from a contractor in respect of a proper invoice within the time specified in subsection 6.5 (1) shall, no later than seven days after receiving payment, pay each subcontractor who supplied services or materials under a subcontract between them that were included in the proper invoice the amount payable to the subcontractor. 2017, c. 24, s. 7. Partial payment, paid amount (2) Subject to the giving of a notice of non-payment under subsection (7), if the payment received by the subcontractor from the contractor is only for a portion of the amount payable to the subcontractor in respect of a proper invoice, the subcontractor shall, no later than seven days after receiving payment, pay each subcontractor who supplied services or materials under a subcontract between them t…

• [s15]
• 6.7Reasons for non-payment

  6.7 Reasons for non-payment in accordance with this Part may include the retention of amounts under section 12 (set-off by trustee) or under subsection 17 (3) (lien set-off). 2017, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 7 - 01/10/2019

• PART III THE LIEN
• 14.
• 6.8No effect on wages

  6.8 Nothing in this Part in any way reduces, derogates from or alters the obligations of a contractor or subcontractor to pay wages as provided for by statute, contract or collective bargaining agreement. 2017, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 7 - 01/10/2019

• 15.
• 6.9Interest on late payments

  6.9 Interest begins to accrue on an amount that is not paid when it is due to be paid under this Part, at the prejudgment interest rate determined under subsection 127 (2) of the Courts of Justice Act or, if the contract or subcontract specifies a different interest rate for the purpose, the greater of the prejudgment interest rate and the interest rate specified in the contract or subcontract. 2017, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 7 - 01/10/2019

• [s18]

  Part II TRUST PROVISIONS Owner’s trust

• 16.
• [s19]
• 17.
• 7Amounts received for financing a trust

  7 (1) All amounts received by an owner, other than the Crown or a municipality, that are to be used in the financing of the improvement, including any amount that is to be used in the payment of the purchase price of the land and the payment of prior encumbrances and any amount that is required to be retained by the owner as a holdback, constitute, subject to the payment of the purchase price of the land and prior encumbrances, a trust fund for the benefit of the contractor. R.S.O. 1990, c. C.30, s. 7 (1); 2024, c. 20, Sched. 4, s. 7. Amounts certified as payable (2) Where amounts become payable under a contract to a contractor by the owner on a certificate of a payment certifier, an amount that is equal to an amount so certified that is in the owner’s hands or received by the owner at any time thereafter constitutes a trust fund for the benefit of the contractor. R.S.O. 1990, c. C.30, s…

• 18.
• 8Amounts received a trust

  8 (1) All amounts, (a) owing to a contractor or subcontractor, whether or not due or payable; or (b) received by a contractor or subcontractor,

• [s21]

  on account of the contract or subcontract price of an improvement, including any holdback amount that is owed to or received by the contractor or subcontractor, constitute a trust fund for the benefit of the subcontractors and other persons who have supplied services or materials to the improvement, who are owed amounts by the contractor or subcontractor. R.S.O. 1990, c. C.30, s. 8 (1); 2017, c. 24, s. 66; 2024, c. 20, Sched. 4, s. 8. Obligations as trustee (2) The contractor or subcontractor is the trustee of the trust fund created by subsection (1) and the contractor or subcontractor shall not appropriate or convert any part of the fund to the contractor’s or subcontractor’s own use or to any use inconsistent with the trust until all subcontractors and other persons who supply services or materials to the improvement are paid all amounts related to the improvement owed to them by the c…

• 19.
• [s22]
• 20.
• 8.1Contractor’s, subcontractor’s duties re trust funds

  8.1 (1) Every person who is a trustee under section 8 shall comply with the following requirements respecting the trust funds of which he or she is trustee: 1. The trust funds shall be deposited into a bank account in the trustee’s name. If there is more than one trustee of the trust funds, the funds shall be deposited into a bank account in all of the trustees’ names. 2. The trustee shall maintain written records respecting the trust funds, detailing the amounts that are received into and paid out of the funds, any transfers made for the purposes of the trust, and any other prescribed information. 3. If the person is a trustee of more than one trust under section 8, the trust funds may be deposited together into a single bank account, as long as the trustee maintains the records required under paragraph 2 separately in respect of each trust. 2017, c. 24, s. 8. Multiple trust funds in si…

• 21.
• 9Amounts received a trust

  9 (1) Where the owner’s interest in a premises is sold by the owner, an amount equal to, (a) the value of the consideration received by the owner as a result of the sale,

• [s24]

  less, (b) the reasonable expenses arising from the sale and the amount, if any, paid by the vendor to discharge any existing mortgage indebtedness on the premises,

• PART IV HOLDBACKS
• [s25]

  constitutes a trust fund for the benefit of the contractor. R.S.O. 1990, c. C.30, s. 9 (1); 2017, c. 24, s. 9, 70. Obligations as trustee (2) The former owner is the trustee of the trust created by subsection (1), and shall not appropriate or convert any part of the trust property to the former owner’s own use or to any use inconsistent with the trust until the contractor is paid all amounts owed to the contractor that relate to the improvement. R.S.O. 1990, c. C.30, s. 9 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 9, 70 - 12/12/2017

• 22.
• [s26]
• 10Payment discharging trust

  10 (1) Subject to Part IV (holdbacks), every payment by a trustee to a person the trustee is liable to pay for services or materials supplied to the improvement discharges the trust of the trustee making the payment and the trustee’s obligations and liability as trustee to all beneficiaries of the trust to the extent of the payment made by the trustee. R.S.O. 1990, c. C.30, s. 10. Same (2) For greater certainty, subsection (1) applies with respect to the payment of holdback in accordance with section 26 or 27. 2024, c. 20, Sched. 4, s. 9. Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 4, s. 9 - 01/01/2026

• 23.
• 11Where trust funds may be reduced

  11 (1) Subject to Part IV, a trustee who pays in whole or in part for the supply of services or materials to an improvement out of money that is not subject to a trust under this Part may retain from trust funds an amount equal to that paid by the trustee without being in breach of the trust. R.S.O. 1990, c. C.30, s. 11 (1); 2017, c. 24, s. 66. Application of trust funds to discharge loan (2) Subject to Part IV, where a trustee pays in whole or in part for the supply of services or materials to an improvement out of money that is loaned to the trustee, trust funds may be applied to discharge the loan to the extent that the lender’s money was so used by the trustee, and the application of trust money does not constitute a breach of the trust. R.S.O. 1990, c. C.30, s. 11 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 66 - 12/12/2017

• 24.
• 12Set-off by trustee

  12 Subject to Part IV, a trustee may, without being in breach of trust, retain from trust funds an amount that, as between the trustee and the person the trustee is liable to pay under a contract or subcontract related to the improvement, is equal to the balance in the trustee’s favour of all outstanding debts, claims or damages related to the improvement or, if the contractor or subcontractor, as the case may be, becomes insolvent, all outstanding debts, claims or damages whether or not related to the improvement. R.S.O. 1990, c. C.30, s. 12; 2017, c. 24, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 10 (1) - 12/12/2017; 2017, c. 24, s. 10 (2) - 01/07/2018 Liability for breach of trust

• 25.
• 13By corporation

  13 (1) In addition to the persons who are otherwise liable in an action for breach of trust under this Part, (a) every director or officer of a corporation; and (b) any person, including an employee or agent of the corporation, who has effective control of a corporation or its relevant activities,

• 26.
• [s30]

  who assents to, or acquiesces in, conduct that he or she knows or reasonably ought to know amounts to breach of trust by the corporation is liable for the breach of trust. R.S.O. 1990, c. C.30, s. 13 (1). Effective control of corporation (2) The question of whether a person has effective control of a corporation or its relevant activities is one of fact and in determining this the court may disregard the form of any transaction and the separate corporate existence of any participant. R.S.O. 1990, c. C.30, s. 13 (2). Joint and several liability (3) Where more than one person is found liable or has admitted liability for a particular breach of trust under this Part, those persons are jointly and severally liable. R.S.O. 1990, c. C.30, s. 13 (3). Contribution (4) A person who is found liable, or who has admitted liability, for a particular breach of a trust under this Part is entitled to re…

• 27.
• [s31]

  part ii.1 construction dispute interim adjudication

• 28.
• [s32]
• 13.1Definitions

  13.1 In this Part, “adjudication” means construction dispute interim adjudication under this Part; (“arbitrage intérimaire”) “adjudicator” means a registry adjudicator or a private adjudicator; (“arbitre intérimaire”) “Authority” means the Authorized Nominating Authority designated under section 13.2; (“Autorité”) “notice of adjudication” means a notice that meets the requirements of section 13.7. (“avis d’arbitrage intérimaire”) “private adjudicator” means a person who is qualified by the Authority as a private adjudicator; (“arbitre intérimaire privé”) “registry adjudicator” means a person who is qualified by the Authority as a registry adjudicator. (“arbitre intérimaire du registre”) 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019 2024, c. 20, Sched. 4, s. 10 (1-3) - 01/01/2026

• 29.
• 13.2Authorized Nominating Authority

  13.2 (1) The Minister may designate an entity to act as Authorized Nominating Authority for the purposes of this Part. 2017, c. 24, s. 11 (1); 2025, c. 14, Sched. 2, s. 2. Criteria (2) An entity may not be designated under subsection (1), or act as Authorized Nominating Authority, unless it meets the prescribed criteria, if any. 2017, c. 24, s. 11 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019 2025, c. 14, Sched. 2, s. 2 - 27/11/2025 Duties and powers of Authority

• 30.
• [s34]
• 13.3Duties

  13.3 (1) The Authority shall, (a) develop and oversee programs for the training of persons as registry adjudicators and as private adjudicators; (b) qualify persons who meet the prescribed requirements as registry adjudicators and as private adjudicators; (c) establish and maintain a publicly available registry of registry adjudicators; (d) appoint registry adjudicators for the purposes of subsection 13.9 (5); and (e) perform any other duties of the Authority set out in this Part or that may be prescribed for the purposes of this Part. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 11 (1). Powers (2) The Authority may, (a) subject to the regulations, set fees, costs or other charges related to the administration of adjudication under this Part, including fees, costs or charges for the training and qualification of persons as adjudicators or for the appointment of registry adjudicators…

• PART V EXPIRY, PRESERVATION AND PERFECTION OF LIENS
• 13.4Minister as interim Authority

  13.4 (1) The Minister may act as Authorized Nominating Authority in accordance with subsection (2) on an interim basis, for any period during which an entity is not designated under section 13.2. 2017, c. 24, s. 11 (1); 2025, c. 14, Sched. 2, s. 3. Same (2) If the Minister acts as Authorized Nominating Authority, the Minister, (a) shall, subject to subsection (3), perform the duties of the Authority, other than the duty set out in clause 13.3 (1) (a); and (b) may exercise the powers of the Authority, other than the power set out in clause 13.3 (2) (a). 2017, c. 24, s. 11 (1); 2025, c. 14, Sched. 2, s. 3. Same (3) A duty of the Authority that is set out in the regulations for the purposes of clause 13.3 (1) (e) must only be performed by the Minister if the regulations prescribed for the purposes of this section so provide. 2017, c. 24, s. 11 (1). Section Amendments with date in force (d/m…

• 31.
• 13.5Contract

  13.5 (1) Subject to subsection (3), a party to a contract may refer a dispute with the other party to the contract respecting any prescribed matter or any matter agreed to by the parties to adjudication. 2024, c. 20, Sched. 4, s. 12 (1). Subcontract (2) Subject to subsection (3.1), a party to a subcontract may refer a dispute with the other party to the subcontract respecting any prescribed matter or any matter agreed to by the parties to adjudication. 2024, c. 20, Sched. 4, s. 12 (1). Expiry of adjudication period, contract (3) An adjudication in respect of a contract may not be commenced if the notice of adjudication is given more than 90 days after the date on which the contract is completed, abandoned or terminated, unless the parties to the adjudication agree otherwise. 2024, c. 20, Sched. 4, s. 12 (1). Expiry of adjudication period, subcontract (3.1) An adjudication in respect of a…

• 32.
• 13.6Adjudication procedures

  13.6 (1) An adjudication shall be conducted in accordance with the adjudication procedures set out in this Part, the regulations, and, subject to subsection (2), any additional adjudication procedures that may be set out in the contract or subcontract. 2018, c. 17, Sched. 8, s. 4. Same (2) Adjudication procedures set out in a contract or subcontract apply only to the extent that they do not conflict with this Part and the regulations, and their application is subject to the exercise of the adjudicator’s powers under section 13.12. 2018, c. 17, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019 2018, c. 17, Sched. 8, s. 4 - 01/10/2019

• 33.
• 13.6 #38Adjudication procedures
• 13.7Notice of adjudication

  13.7 (1) A party to a contract or subcontract who wishes to refer a dispute to adjudication shall, except as provided by the regulations, give to the other party a written notice of adjudication that includes, (a) the names and addresses of the parties; (b) the nature and a brief description of the dispute, including details respecting how and when it arose; (c) the nature of the redress sought; (d) the name of a proposed adjudicator to conduct the adjudication; and (e) the date, nature and substance of any previous adjudication in which the party was involved in respect of the contract or subcontract, including a copy of any determination made by the adjudicator. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 13. Copies (2) If the regulations so provide, a party who gives notice under subsection (1) shall give a copy of the notice, in the prescribed manner, to the prescribed persons …

• 34.
• 13.8Consolidated adjudications

  13.8 (1) If the same matter or related matters in respect of an improvement are the subject of disputes to be adjudicated in separate adjudications under subsections 13.5 (1) and (2), the parties to each of the adjudications may agree to the adjudication of the disputes together by a single adjudicator as a consolidated adjudication. 2017, c. 24, s. 11 (1). May be required (2) If the parties do not agree to a consolidated adjudication, any of the parties may, with the agreement of the adjudicators of the separate adjudications and in accordance with the regulations, nevertheless require the consolidation of the adjudications. 2024, c. 20, Sched. 4, s. 14. Application (3) This Part applies with the following and any other necessary modifications to a consolidated adjudication: 1. Subsection 13.10 (3) does not apply, and the adjudicator may determine how the adjudication fee is to be appor…

• 35.
• 13.9Adjudicator

  13.9 (1) An adjudication may only be conducted by an adjudicator. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 15 (1). Registry adjudicator (2) The parties to the adjudication may agree to a registry adjudicator or may request that the Authority appoint one. 2024, c. 20, Sched. 4, s. 15 (2). Private adjudicator (2.1) The parties to the adjudication may agree to a private adjudicator if the prescribed conditions are met. 2024, c. 20, Sched. 4, s. 15 (2). Contract, subcontract may not name adjudicator (3) A provision in a contract or subcontract that purports to name a person to act as an adjudicator in the event of an adjudication is of no force or effect. 2017, c. 24, s. 11 (1). Requirement to request appointment (4) If a registry adjudicator to which the parties have agreed does not consent to conduct the adjudication within four days after the notice of adjudication is given, the …

• 36.
• 13.10Adjudicator fee

  13.10 (1) The adjudicator shall be paid the fee determined under subsection (2) or (2.1), in accordance with the regulations and any direction given by the Authority. 2024, c. 20, Sched. 4, s. 16 (1). Fee amount (2) The fee payable to an registry adjudicator is, (a) the fee agreed to by the parties to the adjudication and the registry adjudicator; or (b) if the parties and the registry adjudicator do not agree to a fee amount, the amount determined by the Authority, in accordance with the regulations, if any, on the registry adjudicator’s request. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 16 (2). Same (2.1) The fee payable to a private adjudicator is the fee agreed to by the adjudicator and the parties to the adjudication. 2024, c. 20, Sched. 4, s. 16 (3). Equal apportionment (3) The parties to the adjudication shall split payment of the adjudication fee equally, subject to a dif…

• 37.
• 13.11Documents to adjudicator, party

  13.11 No later than five days after an adjudicator agrees or is appointed to conduct the adjudication, the party who gave the notice of adjudication shall, (a) provide to the adjudicator a copy of the notice; and (b) provide to the adjudicator and to the other party a copy of the contract or subcontract and any documents the party intends to rely on during the adjudication. 2018, c. 17, Sched. 8, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019 2018, c. 17, Sched. 8, s. 6 - 01/10/2019

• 38.
• 13.11.1Response to notice

  13.11.1 A party who receives a notice of adjudication may, in accordance with the regulations, respond in writing. 2018, c. 17, Sched. 8, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 8, s. 6 - 01/10/2019 Conduct of adjudication

• PART VI RIGHT TO INFORMATION
• [s44]
• 13.11 #44Documents to adjudicator, party
• 13.12Powers of adjudicator

  13.12 (1) In conducting an adjudication, an adjudicator may exercise the following powers and any other power of an adjudicator that may be specified in the contract or subcontract: 1. Issuing directions respecting the conduct of the adjudication. 2. Taking the initiative in ascertaining the relevant facts and law. 3. Drawing inferences based on the conduct of the parties to adjudication. 4. Subject to subsection (2), conducting an on-site inspection of the improvement that is the subject of the contract or subcontract. 5. Obtaining the assistance of a merchant, accountant, actuary, building contractor, architect, engineer or other person in such a way as the adjudicator considers fit, as is reasonably necessary to enable him or her to determine better any matter of fact in question. 6. Making determinations in the adjudication, which may include a determination as to whether a matter ma…

• 39.
• 13.12.1Objection on jurisdictional grounds

  13.12.1 (1) A party may object to the adjudicator’s jurisdiction to conduct the adjudication, or on the basis that the adjudicator has exceeded their jurisdiction in the conduct of the adjudication. 2024, c. 20, Sched. 4, s. 18. Timing (2) An objection shall be made, (a) in the case of an objection as to whether a matter may be the subject of an adjudication or to an adjudicator’s jurisdiction to conduct the adjudication, when the party first makes submissions in the adjudication; and (b) in the case of an objection that an adjudicator has exceeded their jurisdiction, as soon as the matter allegedly beyond the adjudicator’s jurisdiction is raised in the adjudication. 2024, c. 20, Sched. 4, s. 18. Extension (3) The adjudicator may extend the time for making an objection, if the adjudicator considers the delay justified. 2024, c. 20, Sched. 4, s. 18. Section Amendments with date in force (…

• 40.
• 13.13Determination

  13.13 (1) Subject to subsection (2), an adjudicator shall make a determination of the matter that is the subject of an adjudication no later than 30 days after receiving the documents required by section 13.11. 2017, c. 24, s. 11 (1). Extension (2) The deadline for an adjudicator’s determination may be extended, at any time before its expiry and after the provision of documents to the adjudicator under section 13.11, (a) on the adjudicator’s request, with the written consent of the parties to the adjudication, for a period of no more than 14 days; or (b) on the written agreement of the parties to the adjudication, subject to the adjudicator’s consent, for the period specified in the agreement. 2017, c. 24, s. 11 (1). Notice of extension (3) If the party who gave the notice of adjudication also gave a notice of non-payment under Part I.1 in relation to the matter that is the subject of th…

• PART VII DISCHARGE OF PRESERVED OR PERFECTED LIENS
• 13.14Termination of adjudication

  13.14 At any time after the notice of adjudication is given and before the adjudicator makes his or her determination, the parties to the adjudication may agree to terminate the adjudication, on notice to the adjudicator and subject to the payment of any outstanding adjudicator’s fee in accordance with the regulations made for the purposes of subsection 13.10 (1). 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 19. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019 2024, c. 20, Sched. 4, s. 19 - 01/01/2026

• 41.
• Section Amendments with date in force (d/m/y)
• 13.15Effect of determination

  13.15 (1) The determination of a matter by an adjudicator is binding on the parties to the adjudication until a determination of the matter by a court, a determination of the matter by way of an arbitration conducted under the Arbitration Act, 1991, or a written agreement between the parties respecting the matter. 2017, c. 24, s. 11 (1). Authority of court, arbitrator (2) Subject to section 13.18, nothing in this Part restricts the authority of a court or of an arbitrator acting under the Arbitration Act, 1991 to consider the merits of a matter determined by an adjudicator. 2017, c. 24, s. 11 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019

• 42.
• 13.16Costs

  13.16 Subject to section 13.17, the parties to an adjudication shall bear their own costs of the adjudication. 2017, c. 24, s. 11 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019

• 43.
• 13.17Frivolous, vexatious, etc.

  13.17 If an adjudicator determines that a party to the adjudication has acted in respect of the improvement or of the adjudication in a manner that is frivolous, vexatious, an abuse of process or other than in good faith, the adjudicator may provide, as part of his or her determination of the matter, that the party be required to pay some or all of the other party’s costs, any part of the fee amount determined under section 13.10 that would otherwise be payable by the other party, or both. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 20. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019 2024, c. 20, Sched. 4, s. 20 - 01/01/2026

• 44.
• 13.17.1Corrections

  13.17.1 (1) No later than five days after a determination has been communicated to the parties to the adjudication, an adjudicator may, on their own initiative or at a party’s written request, (a) correct typographical errors, errors of calculation and similar errors in the determination; or (b) amend the determination to correct an injustice caused by an oversight on the adjudicator’s part. 2024, c. 20, Sched. 4, s. 21. Hearing not required (2) An adjudicator may make a determination under subsection (1) without holding a hearing. 2024, c. 20, Sched. 4, s. 21. Section Amendments with date in force (d/m/y) 2024, c. 20, Sched. 4, s. 21 - 01/01/2026 Setting aside on judicial review

• 45.
• 13.18Leave required

  13.18 (1) An application for judicial review of a determination of an adjudicator may only be made with leave of the Divisional Court in accordance with this section and the rules of court. 2017, c. 24, s. 11 (1). Timing (2) A motion for leave to bring an application for judicial review of a determination of an adjudicator shall be filed, with proof of service, in accordance with the rules of court no later than 35 days after the determination is communicated to the parties. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 22 (1). Dismissal without reasons (3) A motion for leave to bring an application for judicial review may be dismissed without reasons. 2017, c. 24, s. 11 (1). No appeal (4) No appeal lies from an order on a motion for leave to bring an application for judicial review. 2017, c. 24, s. 11 (1). Setting aside only for specified reasons (5) The determination of an adjudica…

• 46.
• 13.19Subject to holdback

  13.19 (1) A requirement to pay an amount in accordance with this section is subject to any requirement to retain a holdback in accordance with Part IV. 2017, c. 24, s. 11 (1). Enforcement of amounts payable (2) A party who is required under the determination of an adjudicator to pay an amount to another person shall pay the amount no later than 15 days after the determination has been communicated to the parties to the adjudication. 2017, c. 24, s. 11 (1); 2024, c. 20, Sched. 4, s. 23 (1). Interest on late payments (3) Interest begins to accrue on an amount that is not paid when it is due to be paid under this Part, at the prejudgment interest rate determined under subsection 127 (2) of the Courts of Justice Act or, if a contract or subcontract between the parties specifies a different interest rate for the purpose, the greater of the prejudgment interest rate and the interest rate speci…

• 47.
• 13.20Enforcement by court

  13.20 (1) A party to an adjudication may, no later than the date referred to in subsection (2), file a certified copy of the determination of an adjudicator with the court and, on filing, the determination is enforceable as if it were an order of the court. 2017, c. 24, s. 11 (1). Deadline (2) The filing of a determination under subsection (1) may not be made after the later of, (a) the second anniversary of the communication of the determination to the parties; and (b) if a party makes a motion under section 13.18 for leave to bring an application for judicial review of a determination of an adjudicator, the second anniversary of the dismissal of the motion or, if the motion was not dismissed, the final determination of the application, if it did not result in the adjudicator’s determination being set aside. 2017, c. 24, s. 11 (1). Notice of filing (3) A party shall, no later than 10 da…

• 48.
• [s55]
• 13.21Immunity

  13.21 No action or other proceeding shall be commenced against an adjudicator or his or her employees for any act done in good faith in the execution or intended execution of any duty or power under this Part or the regulations, or for any alleged neglect or default in the execution in good faith of that duty or power. 2017, c. 24, s. 11 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019

• 49.
• [s56]
• 13.22Testimonial immunity

  13.22 An adjudicator shall not be compelled to give evidence in any action or other proceeding in respect of a matter that was the subject of an adjudication that he or she conducted. 2017, c. 24, s. 11 (1). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (1) - 01/10/2019

• PART VIII JURISDICTION AND PROCEDURE
• [s57]
• 13.23Application of Part to surety bonds (Part XI.1)

  13.23 If the regulations so provide, this Part applies, with such modifications as the regulations specify, to disputes in respect of such surety bonds to which Part XI.1 applies as are specified by the regulations. 2017, c. 24, s. 11 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 11 (2) - 01/10/2019

• 50.
• [s58]

  PART III THE LIEN

• 51.
• 14Creation of lien

  14 (1) A person who supplies services or materials to an improvement for an owner, contractor or subcontractor, has a lien upon the interest of the owner in the premises improved for the price of those services or materials. R.S.O. 1990, c. C.30, s. 14 (1); 2017, c. 24, s. 12 (1), 66. No lien for interest (2) No person is entitled to a lien for any interest on the amount owed to the person in respect of the services or materials that have been supplied by the person, but nothing in this subsection affects any right that the person may otherwise have to recover that interest. R.S.O. 1990, c. C.30, s. 14 (2). Architects (3) For greater certainty, subsection (1) applies to services or materials supplied by an architect as defined in the Architects Act and any employees of the architect. 2017, c. 24, s. 12 (2). Supply of design, etc. (4) If an owner retains a holdback in respect of the suppl…

• 16 #59Crown, municipal interest in premises
• 52.
• 15When lien arises

  15 A person’s lien arises and takes effect when the person first supplies services or materials to the improvement. R.S.O. 1990, c. C.30, s. 15.

• 16 #60Crown, municipal interest in premises
• 53.
• 16Crown, municipal interest in premises

  16 (1) A lien does not attach to the interest in a premises of, (a) the Crown; or (b) a municipality. 2017, c. 24, s. 13 (4). Interest of other person (2) Where an improvement is made to a premises in which the Crown or a municipality has an interest but the Crown or municipality is not an owner of the premises, the lien may attach to the interest of any other person in the premises. 2017, c. 24, s. 13 (4). Where lien does not attach to premises (3) A lien does not attach to a premises, but constitutes a charge under section 21, if, (a) the owner of the premises is the Crown or a municipality; or (b) the premises is a railway right-of-way. 2017, c. 24, s. 13 (4). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 13 (1-3) - 12/12/2017; 2017, c. 24, s. 13 (4) - 01/10/2019

• 54.
• 16 #62Crown, municipal interest in premises
• 17Limitation on value of lien

  17 (1) The lien of a person is limited to the amount owing to the person in relation to the improvement and, subject to Part IV (holdbacks), it is further limited to the least amount owed in relation to the improvement by a payer to the contractor or to any subcontractor whose contract or subcontract was in whole or in part performed by the supply of services or materials giving rise to the lien. R.S.O. 1990, c. C.30, s. 17 (1); 2017, c. 24, s. 67. Same (2) Subject to Part IV, the total value of the liens of all members of a class, as defined in section 79, is limited to the least amount owed in relation to the improvement by a payer to the contractor or to any subcontractor whose contract or subcontract was in whole or in part performed by the supply of services or materials made by the members of the class. R.S.O. 1990, c. C.30, s. 17 (2). Set-off (3) Subject to Part IV, in determining…

• 55.
• 18Joint or common interests

  18 Where the interest of the owner in the premises is held jointly or in common with another person who knew or ought reasonably to have known of the making of the improvement, the joint or common interest in the premises of that person is also subject to the lien unless the contractor receives actual notice, before the supply of services or materials to the improvement is commenced, that the person having the joint or common interest assumes no responsibility for the improvement to be made. R.S.O. 1990, c. C.30, s. 18; 2017, c. 24, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 15 - 12/12/2017

• 56.
• 19Leasehold interest

  19 (1) If the interest of the owner to which a lien attaches is leasehold, and if payment for all or part of the improvement is accounted for under the terms of the lease or any renewal of it, or under any agreement to which the landlord is a party that is connected to the lease, the landlord’s interest is also subject to the lien, to the extent of 10 percent of the amount of such payment. 2017, c. 24, s. 16 (1). Forfeiture or termination of lease, effect of (2) No forfeiture of a lease to, or termination of a lease by, a landlord, except for non-payment of rent, deprives any person having a lien against the leasehold of the benefit of the person’s lien. R.S.O. 1990, c. C.30, s. 19 (2). Notice to lien claimants (3) Where a landlord intends to enforce forfeiture or terminate a lease of the premises because of non-payment of rent, and there is a claim for lien registered against the premis…

• 57.
• [s65]
• 20General lien, more than one premises

  20 (1) Where an owner enters into a single contract for improvements on more than one premises of the owner, any person supplying services or materials under that contract, or under a subcontract under that contract, may choose to have the person’s lien follow the form of the contract and be a general lien against each of those premises for the price of all services and materials the person supplied to all the premises. R.S.O. 1990, c. C.30, s. 20 (1); 2017, c. 24, s. 72. Where subs. (1) does not apply (2) Subsection (1) does not apply and no general lien arises under or in respect of a contract that provides in writing that liens shall arise and expire on a lot-by-lot basis. R.S.O. 1990, c. C.30, s. 20 (2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 72 - 12/12/2017

• 58.
• [s66]
• 21Lien a charge

  21 The lien of a person is a charge upon the holdbacks required to be retained by Part IV, and subject to subsection 17 (3), any additional amount owed in relation to the improvement by a payer to the contractor or to any subcontractor whose contract or subcontract was in whole or in part performed by the supply of services or materials giving rise to the lien. R.S.O. 1990, c. C.30, s. 21; 2017, c. 24, s. 67. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 67 - 12/12/2017

• 59.
• [s67]

  PART IV Holdbacks Holdbacks

• 60.
• [s68]
• 22Basic holdback

  22 (1) Each payer upon a contract or subcontract under which a lien may arise shall retain a holdback equal to 10 per cent of the price of the services or materials as they are actually supplied under the contract or subcontract until all liens that may be claimed against the holdback in respect of the supplied services or materials have expired or been satisfied, discharged or otherwise provided for under this Act. R.S.O. 1990, c. C.30, s. 22 (1); 2017, c. 24, s. 17 (1), 66; 2024, c. 20, Sched. 4, s. 25. Separate holdback for finishing work (2) Where the contract has been certified or declared to be substantially performed but services or materials remain to be supplied to complete the contract, the payer upon the contract, or a subcontract, under which a lien may arise shall retain, from the date certified or declared to be the date of substantial performance of the contract, a separat…

• 61.
• 23Personal liability

  23 (1) Subject to subsections (2), (3) and (4), an owner is personally liable for holdbacks that the owner is required to retain under this Part to those lien claimants who have valid liens against the owner’s interest in the premises. R.S.O. 1990, c. C.30, s. 23 (1); 2017, c. 24, s. 70. Limitation (2) Where the defaulting payer is the contractor, the owner’s personal liability to a lien claimant or to a class of lien claimants as defined by section 79 does not exceed the holdbacks the owner is required to retain. R.S.O. 1990, c. C.30, s. 23 (2). Same (3) Where the defaulting payer is a subcontractor, the owner’s personal liability to a lien claimant or to a class of lien claimants as defined by section 79 does not exceed the lesser of, (a) the holdbacks the owner is required to retain; and (b) the holdbacks required to be retained by the contractor or a subcontractor from the lien claim…

• 62.
• 24Payments that may be made

  24 (1) A payer may, without jeopardy, make payments on a contract or subcontract up to 90 per cent of the price of the services or materials that have been supplied under that contract or subcontract unless, prior to making payment, the payer has received written notice of a lien. R.S.O. 1990, c. C.30, s. 24 (1); 2017, c. 24, s. 19 (1), 66. Same (2) Where a payer has received written notice of a lien and has retained, in addition to the holdbacks required by this Part, an amount sufficient to satisfy the lien, the payer may, without jeopardy, make payment on a contract or subcontract up to 90 per cent of the price of the services or materials that have been supplied under that contract or subcontract, less the amount retained. R.S.O. 1990, c. C.30, s. 24 (2); 2017, c. 24, s. 19 (2, 3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 19 (1-3), 66 - 12/12/2017

• 63.
• 25Payment where subcontract certified complete

  25 Where a subcontract has been certified complete under section 33, each payer upon the contract and any subcontract may, without jeopardy, make payment reducing the holdbacks required by this Part to the extent of the amount of holdback the payer has retained in respect of the completed subcontract, where all liens in respect of the completed subcontract have expired or been satisfied, discharged or otherwise provided for under this Act. R.S.O. 1990, c. C.30, s. 25; 2017, c. 24, s. 20 (1, 2). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 20 (1, 2) - 12/12/2017

• 64.
• 26Payment of basic holdback

  26 (1) A payer who is required by subsection 22 (1) to retain a holdback shall make payment of the holdback in accordance with this section. 2024, c. 20, Sched. 4, s. 26. Mandatory annual payment (2) Following each anniversary of the date on which the contract was entered into, the owner shall, (a) give notice in accordance with subsection (3); and (b) make payment of accrued holdback under subsection 22 (1) in accordance with subsection (4). 2024, c. 20, Sched. 4, s. 26. Notice (3) Not later than 14 days after the anniversary, the owner shall publish a notice of annual release of holdback in the prescribed form specifying the amount of holdback that the owner intends to pay under subsection (4) and the intended payment date. 2024, c. 20, Sched. 4, s. 26. Payment by owner (4) At least 60 days but not later than 74 days after the date on which the notice of annual release of holdback is p…

• 26.1Payment of holdback on annual basis
• 65.
• 26 #73Payment of basic holdback
• 26.1, 26.2

  26.1, 26.2 Repealed: 2024, c. 20, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 22 - 01/07/2018 2024, c. 20, Sched. 4, s. 26 - 01/01/2026

• 26.2Payment of holdback on phased basis
• 66.
• 27Payment of holdback for finishing work

  27 A payer who is required by subsection 22 (2) to retain a holdback shall make payment of the holdback so as to discharge all claims in respect of that holdback, once all liens that may be claimed against that holdback have expired or been satisfied, discharged or otherwise provided for under this Act. 2024, c. 20, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 23 (1, 4) - 12/12/2017; 2017, c. 24, s. 23 (2, 3) - 01/07/2018 2024, c. 20, Sched. 4, s. 26 - 01/01/2026

• 67.
• 27.1Repealed

  27.1 Repealed: 2024, c. 20, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 24 (1) - 01/07/2018; 2017, c. 24, s. 24 (2) - no effect - 2018, c. 17, Sched. 8, s. 8 (1) - 06/12/2018 2018, c. 17, Sched. 8, s. 8 (1) - 06/12/2018; 2018, c. 17, Sched. 8, s. 8 (2, 3) - 01/10/2019 2024, c. 20, Sched. 4, s. 26 - 01/01/2026

• PART IX EXTRAORDINARY REMEDIES
• 28Direct payment to person having lien

  28 Where an owner, contractor or subcontractor makes a payment without obligation to do so to any person having a lien for or on account of any amount owing to that person for services or materials supplied to the improvement and gives written notice of the payment or the intention to pay to the proper payer of that person, the payment shall be deemed to be a payment by the owner, contractor or subcontractor to the proper payer of that person, but no such payment reduces the amount of the holdback required to be retained under this Part or reduces the amount that must be retained in response to a written notice of lien given by a person other than the person to whom payment is made. R.S.O. 1990, c. C.30, s. 28.

• 68.
• Section Amendments with date in force (d/m/y) #76
• 27 #77Payment of holdback for finishing work
• 29Discharge of lien

  29 Payments made in accordance with this Part operate as a discharge of the lien to the extent of the amount paid. R.S.O. 1990, c. C.30, s. 29.

• 69.
• [s78]
• 30How holdback not to be applied

  30 If a contract or subcontract is abandoned or terminated, a holdback shall not be applied by any payer toward obtaining services or materials in substitution for those that were to have been supplied under the contract or subcontract, nor in payment or satisfaction of any claim against the contractor or subcontractor, until all liens that may be claimed against that holdback have expired or been satisfied, discharged or otherwise provided for under this Act. 2025, c. 14, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 25 - 12/12/2017 2025, c. 14, Sched. 2, s. 5 - 01/01/2026

• PART X APPEALS
• [s79]

  PART V EXPIRY, PRESERVATION AND PERFECTION OF LIENS

• 70.
• 31Expiry of liens

  31 (1) Unless preserved under section 34, the liens arising from the supply of services or materials to an improvement expire as provided in this section. R.S.O. 1990, c. C.30, s. 31 (1); 2017, c. 24, s. 67. Contractor’s liens (2) Subject to subsection (4), the lien of a contractor, (a) for services or materials supplied to an improvement on or before the date certified or declared to be the date of the substantial performance of the contract, expires at the conclusion of the 60-day period next following the occurrence of the earlier of, (i) the date on which a copy of the certificate or declaration of the substantial performance of the contract is published as provided in section 32, and (ii) the date the contract is completed, abandoned or terminated; and (b) for services or materials supplied to the improvement where there is no certification or declaration of the substantial performa…

• 71.
• [s81]
• 32Rules governing certification or declaration of substantial performance

  32 (1) The following rules govern the certification and declaration of the substantial performance of a contract: 1. On the application of the contractor, the payment certifier shall determine whether the contract has been substantially performed in accordance with section 2, and, if the payment certifier so determines, shall certify the substantial performance of the contract by signing a certificate in the prescribed form. If there is no payment certifier, the owner and contractor shall make the determination jointly and shall both sign the certificate. 2. The payment certifier or the owner and the contractor jointly, as the case may be, shall set out in the certificate the date on which the contract was substantially performed. 3. The date set out in the certificate as the date on which the contract was substantially performed is deemed for the purpose of this Act to be the date on wh…

• PART XI PRIORITIES
• [s82]
• 30 #82How holdback not to be applied
• 33Certificate re subcontract

  33 (1) Upon the request of the contractor, the payment certifier on the contract may determine whether a subcontract has been completed, and, if the payment certifier so determines, shall certify the completion of the subcontract in the prescribed form; alternatively, the owner and the contractor may jointly make the declaration and certify completion in the prescribed form. R.S.O. 1990, c. C.30, s. 33 (1); 2017, c. 24, s. 65. Date subcontract deemed completed (2) Where a subcontract is certified to be completed, the subcontract shall be deemed to have been completed on the date of certification. R.S.O. 1990, c. C.30, s. 33 (2). Services or materials supplied after subcontract certified completed (3) If services or materials are supplied to the improvement under or in respect of a subcontract after the date the subcontract is certified to be completed, those services or materials shall b…

• 72.
• [s83]
• 33.1Definitions

  33.1 (1) In this section, “declaration” means a declaration as defined in the Condominium Act, 1998; (“déclaration”) “description” means a description as defined in the Condominium Act, 1998; (“description”) “registered” means registered as defined in the Condominium Act, 1998. (“enregistré”) 2010, c. 16, Sched. 2, s. 2 (4). Notice required (2) An owner of land described in a description that is intended to be registered together with a declaration in accordance with the Condominium Act, 1998 shall publish notice of the intended registration in the manner set out in the regulations. 2010, c. 16, Sched. 2, s. 2 (4); 2017, c. 24, s. 28. Contents (3) The notice shall be in the prescribed form and shall include, (a) the owner’s name and address for service; (b) a concise overview of the land described in the description, including reference to the lot and plan number and the parcel number or…