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ARTICLE · 20 APRIL 2020

COVID-19 Impact: Construction Industry Update

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On March 20, 2020, the Lieutenant Governor in Council of Ontario made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods (the Suspension Order).

CanadaCoronavirus (COVID-19)

Construction Act NOW Exempted from the Suspended Limitation Periods Order

On March 20, 2020, the Lieutenant Governor in Council of Ontario made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods (the Suspension Order). The suspension was retroactive to March 16, 2020, and continues for the "duration of the emergency," for a maximum of 90 days, unless extended by further order (the Suspension Period). The effect of the Suspension Order was to halt any limitation period that would have come due on and after March 16, 2020.

Sections 31 and 36 of the Construction Act and its predecessor legislation establish the time periods to preserve and perfect liens respectively. Those sections are limitation periods listed in the Schedule to the Limitations Act, 2002. Accordingly, the Suspension Order suspended the time to preserve and perfect construction liens in Ontario.

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