Ontario
Which laws set a contractor's payment and safety duties in Ontario?
Three instruments do most of the work on an Ontario construction job. The Construction Act sets when you invoice, when the owner must pay, the 10% holdback, liens and adjudication. The Occupational Health and Safety Act and the Construction Projects regulation, O. Reg. 213/91, set the notice of project, the site notices and the incident reports.
Payment and liens: the Construction Act
The contractor gives the owner a proper invoice. The owner has 7 days to say it is deficient and 14 days to give a notice of non-payment, and pays every amount it does not dispute within 28 days. Every payer retains a 10% holdback, and an unpaid party can preserve a lien within 60 days, by registering a claim for lien on title or, where the lien cannot attach to the premises, giving the owner a copy (s 15, 16, 31(2)-(7), 34(1), (3)-(5); O. Reg. 304/18 s 11, 11.1).
How the Act works, or read every duty the library holds from the Construction Act, R.S.O. 1990, c. C.30 (Ontario).
- Prompt paymentOntario prompt payment: the proper invoice, a deficiency notice within 7 days, notice of non-payment within 14 days, payment within 28 days, and interest.
- AdjudicationOntario construction adjudication: notice within 90 days of completion, documents within 5 days, determination within 30 days, payment within 15 days.
- Holdback, trust funds and bondsOntario's 10% construction holdback: who retains it, the annual release notice within 14 days of each anniversary, final release, trust funds and bonds.
- LiensOntario construction liens: preserve within 60 days, perfect within 90 days, set the action down for trial within 24 months, and substantial performance.
Site safety: the OHSA and O. Reg. 213/91
The constructor must file a notice of project with the Ministry before beginning work on a project that meets a threshold (OHSA s 23(2); reg 6(1)-(5)). The constructor and the employer must notify an inspector, and the joint health and safety committee, health and safety representative and trade union, immediately when a person is killed or critically injured at a workplace (s 51(1), 66; O. Reg. 420/21 s 1(1)), and the employer sends a written report within 48 hours.
How the safety rules work, or read every duty the library holds from the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (Ontario) and the Construction Projects, O. Reg. 213/91 (Ontario).
- Notice of projectWhen the constructor must file a notice of project in Ontario under O. Reg. 213/91: the CAD 50,000 threshold and the others, filing, posting and registration.
- Incident noticesOntario's OHSA incident notices: critical injuries at once, a written report within 48 hours, accident notice within 4 days, project incidents within 2 days.
- Other site noticesOther Ontario site notices: trench and tunnel notices, 48 hours before a suspended platform is used, the constructor's site notice and weekly inspections.
What this page is, and is not
It is the section text this library holds for Ontario's Construction Act, R.S.O. 1990, c. C.30 (Ontario), the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (Ontario) and Construction Projects, O. Reg. 213/91 (Ontario), with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Acts, the regulations and the contract you signed.
Demiton does not yet track Ontario projects. These pages set out the duties; the product does not run these checks on an Ontario job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.