Construction Lien Act Review Update

Last week the OGCA and other industry stakeholders received the following update from the Government.

Since receiving the report of the expert review of the Construction Lien Act, our government has been working hard to develop a plan to strengthen Ontario’s construction sector by addressing issues with payment timelines and dispute resolution.

We remain committed to introducing fair and balanced legislation in Spring 2017 that will bring Ontario’s construction laws up to date and support more than 400,000 Ontarians who work in the industry.

I am pleased to inform you that construction law experts and authors of the expert review, Bruce Reynolds and Sharon Vogel, are working with the Ministry of the Attorney General to provide advice on drafting legislation that will focus on three areas:

1. Modernizing the lien and holdback process;

2. Introducing rules around prompt payment; and

3. Creating an adjudicative process for resolving disputes.

The drafting process will involve consultation with the Advisory Group on the key issues in each area.

The expert report included 100 recommendations: 68 recommendations to modernize the legislation, 10 relating to prompt payment and 22 relating to adjudication. Based on the feedback we have heard from industry experts and stakeholders, we have decided to propose legislation that will be based on the recommendations in the report, except in the following areas:

·Starting a pilot project for project trust accounts in the public sector;

·Providing for a single property identifier number that would apply to the common elements of condominiums; and

·Removing the provision that allows liens to expire on a lot-by-lot basis.

Modernizing Ontario's construction laws is part of the government's plan to create jobs, grow the economy, and help people in their everyday lives.

Thank you for your continued participation in this process.

As always, if you have any questions you are welcome to contact me or my staff, Delia Greco and Morgan Watkins, who are copied to this email.

Best Regards,Last week the OGCA and other industry stakeholders received the following update from the Government.

Since receiving the report of the expert review of the Construction Lien Act, our government has been working hard to develop a plan to strengthen Ontario’s construction sector by addressing issues with payment timelines and dispute resolution.

We remain committed to introducing fair and balanced legislation in Spring 2017 that will bring Ontario’s construction laws up to date and support more than 400,000 Ontarians who work in the industry.

I am pleased to inform you that construction law experts and authors of the expert review, Bruce Reynolds and Sharon Vogel, are working with the Ministry of the Attorney General to provide advice on drafting legislation that will focus on three areas:

1. Modernizing the lien and holdback process;

2. Introducing rules around prompt payment; and

3. Creating an adjudicative process for resolving disputes.

The drafting process will involve consultation with the Advisory Group on the key issues in each area.

The expert report included 100 recommendations: 68 recommendations to modernize the legislation, 10 relating to prompt payment and 22 relating to adjudication. Based on the feedback we have heard from industry experts and stakeholders, we have decided to propose legislation that will be based on the recommendations in the report, except in the following areas:

·Starting a pilot project for project trust accounts in the public sector;

·Providing for a single property identifier number that would apply to the common elements of condominiums; and

·Removing the provision that allows liens to expire on a lot-by-lot basis.

Modernizing Ontario's construction laws is part of the government's plan to create jobs, grow the economy, and help people in their everyday lives.

Thank you for your continued participation in this process.

As always, if you have any questions you are welcome to contact me or my staff, Delia Greco and Morgan Watkins, who are copied to this email.

Best Regards,

Yasir Naqvi
Attorney General of Ontario

The OGCA supports the efforts of the government and other industry stakeholders in this game changing process. The Reynolds/Vogel Report provides this industry with one of those rare moments when we can make a major positive difference in our industry.

We look forward to the first release of the legislation being developed through a very collaborative and consultative process.