ARTICLE · 20 JULY 2018

Ontario's New Construction Act – Good For The Industry!

Goldman Sloan Nash & Haber LLP

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The Construction Act has received Royal assent. It is expected that the proclamations necessary to bring it into force will occur this spring.

CanadaReal Estate and Construction

Catherine Willson

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The Construction Act has received Royal assent. It is expected that the proclamations necessary to bring it into force will occur this spring. This is a radical departure from our Construction Lien Act, in effect for over 30 years. Changes important to the construction industry in the Construction Act include the following:

Construction liens – The time period for preserving a construction lien is extended from 45 days to 60 days. The time period for perfecting the lien (starting the court action) is extended from 45 days to 90 days.

A certificate of substantial performance must accurately set out the legal description of the property against which a construction lien may be registered, including the legal property description and PIN.

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