On November 6, 2024,
Bill 216, Building Ontario For You Act (Budget Measures)
("Bill 216") received Royal Assent, resulting in changes
to the Construction
Act (the "Act") in Ontario.
The Act is significant legislation which governs, among other
things, how payment disputes are handled in the construction
industry in the Province of Ontario. It provides significant rights
and relief not available to other professions or industries and,
accordingly, these new changes to the Act have significant
implications for construction professionals.
The following is a list of the key changes:
Access to Statutory Adjudication
Broadened
Under the current version of the Act, interim adjudication via
ODACC is limited to certain types of disputes with all others
falling outside the jurisdiction of an adjudicator. Presently it
includes issues surrounding the valuation of services, payments
under the contract, set-off, and holdback issues. Anything outside
those bounds can only
