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ARTICLE · 26 NOVEMBER 2024

Independent Review Spurs Major Changes To Ontario's Construction Act

Earlier this month, Ontario passed omnibus legislation[1] containing several amendments to the Construction Act (the "Act").

CanadaReal Estate and Construction

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Earlier this month, Ontario passed omnibus legislation1 containing several amendments to the Construction Act (the "Act"). The amendments originated from an independent review of the Act by leading construction law expert Duncan Glaholt (the "Final Report").2 The need for a periodic independent review was one of the key recommendations in the 2016 report by Bruce Reynolds and Sharon Vogel, "Striking the Balance." That report resulted in extensive amendments to the Act in 2017, including the introduction of prompt payment and adjudication.

The recommendations contained in Mr. Glaholt's Final Report were based on consultation with stakeholders from across the construction industry, including adjudicators, engineers, lawyers, owners, contractors, subcontractors and building trade organizations representing tens of thousands of construction workers.3 The Final Report grouped its proposals according to

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