O. Reg. 112/19: GENERAL
filed May 23, 2019 under Construction Act, R.S.O. 1990, c. C.30Skip to content
ontario regulation 112/19
made under the
Made: May 2, 2019
Filed: May 23, 2019
Published on e-Laws: May 23, 2019
Printed in The Ontario Gazette: June 8, 2019
Amending O. Reg. 304/18
1. Section 7 of Ontario Regulation 304/18 is revoked and the following substituted:
Non-payment of holdback
7. (1) An owner shall publish a notice of non-payment of a holdback under subsection 27.1 (1) of the Act (Form 6) in a construction trade newspaper.
(2) For the purposes of subsection 27.1 (1) of the Act, the owner shall, no later than three days after publication of the notice of non-payment, notify the contractor of its publication.
(3) If the owner provides notice to the contractor in accordance with subsection (2), then notice for the purposes of subsection 27.1 (2) of the Act shall be provided no later than three days after receipt of the notice from the owner, and shall be accompanied by a copy of the notice from the owner.
(4) If the contractor provides notice to a subcontractor in accordance with subsection (3), then notice for the purposes of subsection 27.1 (3) of the Act shall be provided no later than three days after receipt of the notice from the contractor, and shall be accompanied by a copy of the notice from the contractor.
(5) Subsection (4) applies with necessary modifications if a subcontractor provides notice to another subcontractor in accordance with that subsection.
(6) Notice to a contractor or subcontractor under section 27.1 of the Act shall be provided in writing, and may be provided in electronic or paper format.
2. Section 10 of the Regulation is amended by adding “at least five and not more than 15 days, excluding Saturdays and holidays, before the description is submitted for approval under subsection 9 (3) of the Condominium Act, 1998” at the end.
3. Section 11 of the Regulation is amended by adding “(Form 12)” after “claim for lien” in the portion before paragraph 1.
4. The Regulation is amended by adding the following section:
Claim for lien copy given to municipal clerk
11.1 (1) A municipality may provide for the giving of a copy of a claim for lien (Form 12) to the clerk of the municipality under subsection 34 (3.1) of the Act through one or both of the following methods by publishing on its website a statement to that effect that details the method or methods:
1. Sending a copy of the claim for lien by email to a specified email address.
2. Completing and submitting the claim for lien through a specified web portal.
(2) If a municipality details a method in accordance with subsection (1), a copy of a claim for lien shall be given to the clerk of the municipality in accordance with that method.
(3) A copy of a claim for lien that is given in accordance with subsection (2) after 5 p.m. local time is deemed to have been given on the following business day.
5. Section 14 of the Regulation is revoked.
6. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Section 4 comes into force on the day subsection 29 (4) of the Construction Lien Amendment Act, 2017 comes into force.