COVID-19 – Update – Lien Periods Will No Longer Be Suspended

The Ontario Government has amended its emergency order suspending limitation and procedural time periods retroactive to March 16, 2020 (the "Emergency Order") to clarify that the suspension does not apply to the Construction Act.

The Emergency Order, as originally drafted, was unclear as to whether the time periods to preserve and perfect construction liens were suspended by the Emergency Order.

Section 4 of the amended Emergency Order states:

1. On and after April 16, 2020, sections 1 and 2 do not apply to provisions of the Construction Act or of the regulations made under it if the provisions establish a limitation period or period of time within which any step must be taken in a proceeding, including an intended proceeding ("Amendment").