ARTICLE · 11 SEPTEMBER 2018

Section 39 Rights To Information Under The New Construction Act

Goldman Sloan Nash & Haber LLP

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The first phase of amendments to Ontario's Construction Act, R.S.O. 1990, c.C. 30 (the Act) came into force on July 1, 2018.

CanadaReal Estate and Construction

Olga S. Morozova

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The first phase of amendments to Ontario's Construction Act, R.S.O. 1990, c.C. 30 (the Act) came into force on July 1, 2018. The amendments included some limited additional rights to information, pursuant to a request delivered under s. 39 of the Act to an owner, contractor, subcontractor or mortgagee. One of the main additions is the right to particulars concerning the states of accounts between players involved in construction projects. It is to be noted that landlords are now subject to requests for information, arising out of their new liabilities under the Act.

Additional rights to information may be prescribed in the future, as discussed below. There are no additional rights that would assist in dealing with the transition provisions of the Act.

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