Oct 18, 2016
Construction laws in several jurisdictions in Canada are currently under the microscope, and Ontario is awaiting legislation expected this spring based on proposed recommendations to the Construction Lien Act (the CLA) that were tabled in last fall after an extensive review of the CLA (the Ontario Report).
The construction and infrastructure sector in Ontario needs to understand the commercial and legal implications of the draft legislation, particularly as the proposed bill will proceed for discussion through the usual legislative process, which may include public hearings and consideration of possible amendments.
Commissioned by the Ontario Ministry of the Attorney General (the Ministry), the Ontario Report was produced after a broad-ranging canvassing process with industry participants including owners, general contractors, subcontractors, architects, engineers and surety companies. At over 500 pages long and with 100 recommendations, the Ontario Report addresses perceived pain points with respect to the current CLA, which hasn’t undergone a significant overhaul since 1983.
This presentation, moderated by Roger Gillott — a partner in Osler’s Litigation Group who specializes in construction litigation — offers an in-depth look at the proposed changes to the CLA and how participants may be impacted by the following matters:
- promptness of payment
- holdback and substantial performance
- next steps for legislation