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.