Ontario Introduces Bill 142, Construction Lien Amendment Act, 2017 – It's Much More Than Just Liens!

On May 31, 2017, Ontario Attorney-General Yasir Naqvi introduced Bill 142, entitled "Construction Lien Amendment Act, 2017".

The Bill follows upon a report commissioned by the Ontario government and prepared by Bruce Reynolds and Sharon Vogel entitled "Striking the Balance: Expert Review of Ontario's Construction Lien Act". The report is itself the product of a lengthy period of broad consultation with owners, contractors, design professionals and others about matters affecting the financial health of the construction industry. Virtually all of the recommendations contained with the Reynolds/Vogel report have been adopted and are incorporated into the Bill.

While styled as an amendment to the Construction Lien Act, the Bill goes far beyond liens. In fact, the Bill proposes that the title "Construction Lien Act" be replaced by "Construction Act" in recognition of its scope. If enacted, the proposed legislation will introduce what is arguably the most sweeping set