Before the COVID-19 pandemic and the resulting special rules
adopted in response we had a complex situation in Ontario
construction. The new Construction Act came in to force in
two installments. Construction contracts continue to be
performed in Ontario which are governed by three distinct regimes:
where procurement for the contract was begun prior to July 1, 2018,
the former Construction Lien Act applies; where
procurement for the contract was begun after July 1, 2018 but
before October 1, 2019, the Construction Act as proclaimed
in force July 1, 2018 applies; and where procurement for the
contract was begun after October 1, 2019, the Construction
Act as proclaimed in force October 1, 2019, applies. The date
of the contract and the date or dates of the subcontracts are not
relevant to the determination of which legislation applies.
