Construction Act, R.S.O. 1990, c. C.30 (Ontario)
Act, published by Legislative Assembly of Ontario, Consolidated from 1 January 2026 to the e-Laws currency date (last amendment 2025, c. 14, Sched. 2), read with O. Reg. 264/25, O. Reg. 304/18 and O. Reg. 303/18 as consolidated from 1 January 2026. CA-ON.
32 obligations, clause by clause.
32 obligations transcribed from the Act, each held with its clause, the window it sets and what missing it costs.
| Where it is written | The obligation | Window | If missed | Disease |
|---|---|---|---|---|
| s 1(4), 4, 5(1), 87.3(1), (4), 87.4; O. Reg. 304/18 s 13 | Determine which version of the Act, and whether its prompt payment and adjudication Parts, govern the contract | none set | no penalty stated | Disputes |
| s 6.3(1)-(4) | Give the owner a proper invoice every month, unless the contract sets another cadenceheld in the progress claim register | 1 month | no penalty stated | Disputes |
| s 6.1(1), 6.3(5), (6) | Make every invoice to the owner a proper invoice: contractor's name and address, date and period or milestone, the contract reference, a description of what was supplied, the amount and payment terms, and who is to be paidheld in the progress claim register | none set | the claim is barred | Disputes |
| s 6.1(2), 6.3(6) | Receive any written notice that an invoice is deficient within 7 days after the owner receives it, or the invoice is deemed a proper invoiceheld in the contract notice register | 7 days | no penalty stated | Disputes |
| s 6.4(2), (3), 6.7; O. Reg. 303/18 s 3(a); O. Reg. 304/18 s 4 | Receive any notice of non-payment within 14 days after the owner receives a proper invoice, or the full amount is payable by day 28held in the payment schedule register | 14 days | you are liable for the full amount | Disputes |
| s 6.2, 6.4(1), (3) | Be paid every amount of a proper invoice that no notice of non-payment disputes within 28 days after the owner receives itheld in the progress claim register | 28 days | no penalty stated | Disputes |
| s 6.9, 13.19(3), (4) | Charge interest on any amount not paid when the Act makes it due, at the prejudgment interest rate or the contract rate if higherheld in the progress claim register | none set | no penalty stated | Disputes |
| s 6.5(1)-(3), 6.6(1)-(3), (11) | Pay each subcontractor whose work was in a proper invoice within 7 days after receiving the owner's payment of itheld in the payable entry register | 7 days | a breach of contract | Disputes |
| s 6.5(4), 6.6(4), (5), (10) | Pay each subcontractor within 35 days after giving the owner the proper invoice, even if the owner has not paid, unless a notice of non-payment is givenheld in the payable entry register | 35 days | a breach of contract | Disputes |
| s 6.5(5)-(8), 6.6(6)-(9); O. Reg. 303/18 s 3(b)-(e); O. Reg. 304/18 s 4 | Give a subcontractor any notice of non-payment within 7 days after receiving the owner's notice of non-payment, or before day 35 after the invoice if the owner gave noneheld in the contract notice register | 7 days | you are liable for the full amount | Disputes |
| s 6.5(5)(a)(iii), 6.6(6)(a)(iii) | Refer the owner's non-payment to adjudication within 21 days after giving a subcontractor a notice of non-payment that undertakes to do soheld in the contract notice register | 21 days | no penalty stated | Disputes |
| s 13.5(1)-(3.1), (4), (5); O. Reg. 264/25 s 19 | Give any notice of adjudication within 90 days after the contract is completed, abandoned or terminatedheld in the contract notice register | 90 days | the claim is barred | Disputes |
| s 13.7(1); O. Reg. 264/25 s 20 | Give the other party a written notice of adjudication with the content the Act requires, and send a copy to the Authority the same dayheld in the contract notice register | none set | no penalty stated | Disputes |
| s 13.9(2)-(6); O. Reg. 264/25 s 21, 22 | Ask the Authority to appoint a registry adjudicator if the agreed adjudicator has not consented within 4 days after the notice of adjudicationheld in the contract notice register | 4 days | no penalty stated | Disputes |
| s 13.11; O. Reg. 264/25 s 24 | Give the adjudicator the notice, and the adjudicator and the other party the contract and every document relied on, within 5 days after the adjudicator agrees or is appointedheld in the contract notice register | 5 days | no penalty stated | Disputes |
| s 13.11.1; O. Reg. 264/25 s 25 | Respond in writing to a notice of adjudication by the day the adjudicator specifies, copied to the adjudicator and every other party the same dayheld in the contract notice register | none set | no penalty stated | Disputes |
| s 13.13(1)-(6), 13.17.1; O. Reg. 264/25 s 30, 32 | Receive the adjudicator's written determination within 30 days after the adjudicator receives the documentsheld in the contract notice register | 30 days | a breach of contract | Disputes |
| s 13.15, 13.19(1)-(6), 13.20 | Pay any amount an adjudicator's determination requires within 15 days after it is communicatedheld in the contract notice register | 15 days | a breach of contract | Disputes |
| s 13.12.1, 13.18(1)-(7) | File any motion for leave to seek judicial review of a determination within 35 days after it is communicatedheld in the contract notice register | 35 days | the claim is barred | Disputes |
| s 39(1)-(6) | Answer a written request for contract or subcontract information within a reasonable time, not more than 21 daysheld in the contract notice register | 21 days | damages only | Disputes |
| s 8(1), (2), 8.1, 10, 13 | Hold every amount owed or received on a contract or subcontract in trust for the subcontractors and suppliers owed, in a bank account in the trustee's name, with written records of every amount in and outheld in the gl journal entry register | none set | a breach of contract | Lapsed compliance |
| s 22(1)-(4), 23, 24, 30 | Retain a holdback of 10% of the price of the services or materials as they are supplied, until every lien that may be claimed against it has expired or been dischargedheld in the retention position register | none set | you are liable for the full amount | Disputes |
| s 26(2), (3), 87.4(4); O. Reg. 303/18 s 2(6); O. Reg. 304/18 s 1, 7 | Watch for the owner's notice of annual release of holdback, due within 14 days after each anniversary of the day the contract was entered intoheld in the contract notice register | 14 days | a breach of contract | Disputes |
| s 26(4), (7), (9), 87.4(4) | Be paid the holdback accrued in the contract year between 60 and 74 days after the owner publishes the notice of annual release, unless a lien is preserved and still standingheld in the retention position register | 74 days | a breach of contract | Disputes |
| s 26(5)-(8) | Pay each subcontractor its accrued holdback within 14 days after receiving the matching holdback from the ownerheld in the retention position register | 14 days | a breach of contract | Disputes |
| s 26(8) para 1, 27 | Be paid all remaining basic holdback within 14 days after every lien that may be claimed against it has expired or been dischargedheld in the retention position register | 14 days | a breach of contract | Disputes |
| s 2(1), 32(1)-(4); O. Reg. 303/18 s 2(9); O. Reg. 304/18 s 1, 9 | Publish the certificate of substantial performance on a construction trade news website within 7 days of receiving the signed copyheld in the compliance documents register | 7 days | no penalty stated | Disputes |
| s 15, 16, 31(2)-(7), 34(1), (3)-(5); O. Reg. 304/18 s 11, 11.1 | 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 copyheld in the contract notice register | 60 days | the claim is barred | Missed claims |
| s 36(1)-(6) | Perfect a preserved lien within 90 days after the last day it could have been preserved, by starting an action and registering a certificate of action on titleheld in the contract notice register | 90 days | the claim is barred | Missed claims |
| s 37(1), (2) | Have the action that perfected a lien set down for trial, or an order for trial made, by the second anniversary of the actionheld in the contract notice register | 24 months | the claim is barred | Missed claims |
| s 31(6)-(8), 87.4(6); O. Reg. 303/18 s 2(8); O. Reg. 304/18 s 1, 8 | Publish a notice of termination within 7 days after a contract is terminatedheld in the contract notice register | 7 days | no penalty stated | Missed claims |
| s 85.1(1)-(7), 85.2; O. Reg. 304/18 s 12, 12.1 | On entering a public contract of CAD 500,000 or more, give the owner a labour and material payment bond and a performance bond, each covering at least 50% of the contract priceheld in the compliance documents register | none set | a breach of contract | Lapsed compliance |
How it works in Ontario: Construction law in Ontario, Construction Act, Prompt payment, Adjudication, Holdback, trust funds and bonds, Liens.
What this page is, and is not.
It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.
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.
Common questions
What does Construction Act, R.S.O. 1990, c. C.30 (Ontario) s 1(4), 4, 5(1), 87.3(1), (4), 87.4; O. Reg. 304/18 s 13 require?
Determine which version of the Act, and whether its prompt payment and adjudication Parts, govern the contract. Missing it: no penalty stated. The clause sets no day count.
What does Construction Act, R.S.O. 1990, c. C.30 (Ontario) s 6.3(1)-(4) require?
Give the owner a proper invoice every month, unless the contract sets another cadence. Missing it: no penalty stated. The window is 1 month. Demiton watches it against the progress claim register.
What does Construction Act, R.S.O. 1990, c. C.30 (Ontario) s 6.1(1), 6.3(5), (6) require?
Make every invoice to the owner a proper invoice: contractor's name and address, date and period or milestone, the contract reference, a description of what was supplied, the amount and payment terms, and who is to be paid. Missing it: the claim is barred. The clause sets no day count. Demiton watches it against the progress claim register.
What does Construction Act, R.S.O. 1990, c. C.30 (Ontario) s 6.1(2), 6.3(6) require?
Receive any written notice that an invoice is deficient within 7 days after the owner receives it, or the invoice is deemed a proper invoice. Missing it: no penalty stated. The window is 7 days. Demiton watches it against the contract notice register.
What does Construction Act, R.S.O. 1990, c. C.30 (Ontario) s 6.4(2), (3), 6.7; O. Reg. 303/18 s 3(a); O. Reg. 304/18 s 4 require?
Receive any notice of non-payment within 14 days after the owner receives a proper invoice, or the full amount is payable by day 28. Missing it: you are liable for the full amount. The window is 14 days. Demiton watches it against the payment schedule register.
Does Demiton hold every obligation in Construction Act, R.S.O. 1990, c. C.30 (Ontario)?
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.