ontario regulation 303/18
made under the
Construction Lien Act
Made: April 18, 2018
Filed: April 23, 2018
Published on e-Laws: April 23, 2018
Printed in The Ontario Gazette: May 12, 2018
Forms
Reference to forms
1. In this Regulation, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of this Regulation and that is available on the Internet through www.ontariocourtforms.on.ca.
Forms
2. (1) For the purposes of the definition of “written notice of a lien” in subsection 1 (1) of the Act, a written notice of a lien shall be in Form 1.
(2) A notice to a contractor under section 18 of the Act may be in Form 2.
(3) A notice to a lien claimant under subsection 19 (3) of the Act may be in Form 3.
(4) A letter of credit under subsection 22 (4) of the Act shall be in Form 4.
(5) A demand-worded holdback repayment bond under subsection 22 (4) of the Act shall be in Form 5.
(6) A notice of non-payment of a holdback under section 27.1 of the Act shall be in Form 6.
(7) A declaration of last supply under subsection 31 (5) of the Act shall be in Form 7.
(8) A notice of termination under subsection 31 (6) of the Act shall be in Form 8.
(9) A certificate of the substantial performance of a contract under section 32 of the Act shall be in Form 9.
(10) A certificate of completion of a subcontract under subsection 33 (1) of the Act shall be in Form 10.
(11) A notice of intention to register land described in a description in accordance with the Condominium Act, 1998 under section 33.1 of the Act shall be in Form 11.
(12) A claim for lien under section 34 of the Act shall be in Form 12.
(13) A notice of preservation of lien regarding common elements of a condominium under subsection 34 (9) of the Act shall be in Form 13.
(14) A certificate of action under section 36 of the Act shall be in Form 14.
(15) A notice given by a defendant under subsection 36 (4) of the Act may be in Form 15.
(16) A notice of cross-examination under clause 40 (3) (a) of the Act may be in Form 16 and under clause 40 (3) (b), (c) or (d) of the Act may be in Form 17.
(17) A withdrawal of written notice of a lien under subsection 41 (2) of the Act shall be in Form 18.
(18) A discharge of lien under section 41 or 42 of the Act shall be in Form 19.
(19) A notice of postponement of lien under section 43 of the Act shall be in Form 20.
(20) A bond posted as security under section 44 of the Act shall be in Form 21.
(21) An order under section 58 of the Act directing a reference of the whole action or any part of it for trial to a master, a case management master or a person agreed on by the parties shall be in Form 22.
(22) An order under section 58 of the Act directing a reference of the whole action or any part of it for trial to a deputy judge of the Small Claims Court or to the Small Claims Court Administrative Judge shall be in Form 23.
(23) A judgment at trial under section 62 of the Act shall be,
(a) in Form 24, if the lien attaches to the premises; or
(b) in Form 25, if the lien does not attach to the premises.
(24) A report under section 62 of the Act relating to a reference by a master, a case management master or a person agreed on by the parties shall be,
(a) in Form 26, if the lien attaches to the premises; or
(b) in Form 27, if the lien does not attach to the premises.
(25) A report under section 62 of the Act relating to a reference by a deputy judge of the Small Claims Court or the Small Claims Court Administrative Judge shall be,
(a) in Form 28, if the lien attaches to the premises; or
(b) in Form 29, if the lien does not attach to the premises.
(26) A financial guarantee bond under subsection 78 (10) of the Act shall be in Form 30.
(27) A labour and material payment bond under section 85.1 of the Act shall be in Form 31.
(28) A performance bond under section 85.l of the Act shall be in Form 32.
(29) A notice of trial under section 9 of Ontario Regulation 302/18 (Procedures For Actions Under Part VIII) made under the Act may be in Form 33.
(30) A notice of settlement meeting under section 9 of Ontario Regulation 302/18 (Procedures For Actions Under Part VIII) made under the Act may be in Form 34.
3. Section 2 of this Regulation is amended by adding the following subsection:
(1.1) A notice of non-payment,
(a) under subsection 6.4 (2) of the Act shall be in Form 1.1;
(b) under subsection 6.5 (5) of the Act shall be in Form 1.2;
(c) under subsection 6.5 (6) of the Act shall be in Form 1.3;
(d) under subsection 6.6 (6) of the Act shall be in Form 1.4; and
(e) under subsection 6.6 (7) of the Act shall be in Form 1.5.
4. The Table to this Regulation is amended by adding the following items after item 1:
|
1.1 |
Notice of Non-Payment under Subsection 6.4 (2) of the Act |
2018/04 |
|
1.2 |
Notice of Non-Payment under Subsection 6.5 (5) of the Act |
2018/04 |
|
1.3 |
Notice of Non-Payment under Subsection 6.5 (6) of the Act |
2018/04 |
|
1.4 |
Notice of Non-Payment under Subsection 6.6 (6) of the Act |
2018/04 |
|
1.5 |
Notice of Non-Payment under Subsection 6.6 (7) of the Act |
2018/04 |
Commencement
5. (1) Subject to subsection (2), this Regulation comes into force of the later of the day subsection 2 (16) of the Construction Lien Amendment Act, 2017 comes into force and the day it is filed.
(2) Sections 3 and 4 come into force on the day section 7 of the Construction Lien Amendment Act, 2017 comes into force.
TABLE OF FORMS
|
Column 1 Form Number |
Column 2 Form Name |
Column 3 Date of Form |
|
1 |
Written Notice of Lien under Subsection 1 (1) of the Act |
2018/04 |
|
2 |
Notice to Contractor under Section 18 of the Act |
2018/04 |
|
3 |
Notice to Lien Claimant under Subsection 19 (3) of the Act |
2018/04 |
|
4 |
Letter of Credit under Subsection 22 (4) of the Act |
2018/04 |
|
5 |
Holdback Repayment Bond under Subsection 22 (4) of the Act |
2018/04 |
|
6 |
Notice of Non-Payment of Holdback under Section 27.1 of the Act |
2018/04 |
|
7 |
Declaration of Last Supply under Subsection 31 (5) of the Act |
2018/04 |
|
8 |
Notice of Termination under Subsection 31 (6) of the Act |
2018/04 |
|
9 |
Certificate of Substantial Performance of the Contract under Section 32 of the Act |
2018/04 |
|
10 |
Certificate of Completion of Subcontract under Subsection 33 (1) of the Act |
2018/04 |
|
11 |
Notice of Intention to Register a Condominium in accordance with the Condominium Act, 1998 under Section 33.1 of the Act |
2018/04 |
|
12 |
Claim for Lien under Section 34 of the Act |
2018/04 |
|
13 |
Notice of Preservation of Lien under Subsection 34 (9) of the Act |
2018/04 |
|
14 |
Certificate of Action under Section 36 of the Act |
2018/04 |
|
15 |
Notice Given by Defendant under Subsection 36 (4) of the Act |
2018/04 |
|
16 |
Notice of Cross-Examination under Clause 40 (3) (a) of the Act |
2018/04 |
|
17 |
Notice of Cross-Examination under Clause 40 (3) (b), (c) or (d) of the Act |
2018/04 |
|
18 |
Withdrawal of Written Notice of Lien under Subsection 41 (2) of the Act |
2018/04 |
|
19 |
Discharge of Lien under Section 41 or 42 of the Act |
2018/04 |
|
20 |
Notice of Postponement of Lien under Section 43 of the Act |
2018/04 |
|
21 |
Financial Guarantee Bond under Section 44 of the Act |
2018/04 |
|
22 |
Order Directing a Reference for Trial under Section 58 of the Act |
2018/04 |
|
23 |
Order Directing a Reference for Trial under Section 58 of the Act (Small Claims Court) |
2018/04 |
|
24 |
Judgment at Trial under Section 62 of the Act if Lien Attaches to Premises |
2018/04 |
|
25 |
Judgment at Trial under Section 62 of the Act if Lien Does Not Attach to Premises |
2018/04 |
|
26 |
Report under Section 62 of the Act if Lien Attaches to Premises |
2018/04 |
|
27 |
Report under Section 62 of the Act if Lien Does Not Attach to Premises |
2018/04 |
|
28 |
Report under Section 62 of the Act if Lien Attaches to Premises (Small Claims Court) |
2018/04 |
|
29 |
Report under Section 62 of the Act if Lien Does Not Attach to Premises (Small Claims Court) |
2018/04 |
|
30 |
Financial Guarantee Bond under Subsection 78 (10) of the Act |
2018/04 |
|
31 |
Labour and Material Payment Bond under Section 85.1 of the Act |
2018/04 |
|
32 |
Performance Bond under Section 85.1 of the Act |
2018/04 |
|
33 |
Notice of Trial |
2018/04 |
|
34 |
Notice of Settlement Meeting |
2018/04 |