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ARTICLE · 22 JUNE 2011

Amendments To The Ontario "Construction Lien Act "

Borden Ladner Gervais LLP
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Ontario’s Open for "Business Act, 2010" (OFBA) amended numerous statutes, including the "Construction Lien Act" (CLA).

CanadaReal Estate and Construction

Ontario's Open for Business Act, 2010 (OFBA) amended numerous statutes, including the Construction Lien Act (CLA).

The OFBA amendments are probably the most significant changes to the Province's construction lien legislation in 20 years. These amendments have come into force in stages, with the balance becoming effective on July 1, 2011. Coming-into-force dates for the various provisions are noted below.

The principal amendments consist of:

  • an expanded definition of "improvement"
  • a requirement for developers of land intended to be registered under the Condominium Act, 1998 to publish notice prior to registration
  • repeal of the requirement for an Affidavit of Verification and changes to reflect electronic registration in the land registry system

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