Skip to content
Demiton
Demiton
Contracts and standards / CA-ON

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 writtenThe obligationWindowIf missedDisease
s 1(4), 4, 5(1), 87.3(1), (4), 87.4; O. Reg. 304/18 s 13Determine which version of the Act, and whether its prompt payment and adjudication Parts, govern the contractnone setno penalty statedDisputes
s 6.3(1)-(4)Give the owner a proper invoice every month, unless the contract sets another cadenceheld in the progress claim register1 monthno penalty statedDisputes
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 registernone setthe claim is barredDisputes
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 register7 daysno penalty statedDisputes
s 6.4(2), (3), 6.7; O. Reg. 303/18 s 3(a); O. Reg. 304/18 s 4Receive 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 register14 daysyou are liable for the full amountDisputes
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 register28 daysno penalty statedDisputes
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 registernone setno penalty statedDisputes
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 register7 daysa breach of contractDisputes
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 register35 daysa breach of contractDisputes
s 6.5(5)-(8), 6.6(6)-(9); O. Reg. 303/18 s 3(b)-(e); O. Reg. 304/18 s 4Give 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 register7 daysyou are liable for the full amountDisputes
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 register21 daysno penalty statedDisputes
s 13.5(1)-(3.1), (4), (5); O. Reg. 264/25 s 19Give any notice of adjudication within 90 days after the contract is completed, abandoned or terminatedheld in the contract notice register90 daysthe claim is barredDisputes
s 13.7(1); O. Reg. 264/25 s 20Give 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 registernone setno penalty statedDisputes
s 13.9(2)-(6); O. Reg. 264/25 s 21, 22Ask 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 register4 daysno penalty statedDisputes
s 13.11; O. Reg. 264/25 s 24Give 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 register5 daysno penalty statedDisputes
s 13.11.1; O. Reg. 264/25 s 25Respond 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 registernone setno penalty statedDisputes
s 13.13(1)-(6), 13.17.1; O. Reg. 264/25 s 30, 32Receive the adjudicator's written determination within 30 days after the adjudicator receives the documentsheld in the contract notice register30 daysa breach of contractDisputes
s 13.15, 13.19(1)-(6), 13.20Pay any amount an adjudicator's determination requires within 15 days after it is communicatedheld in the contract notice register15 daysa breach of contractDisputes
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 register35 daysthe claim is barredDisputes
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 register21 daysdamages onlyDisputes
s 8(1), (2), 8.1, 10, 13Hold 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 registernone seta breach of contractLapsed compliance
s 22(1)-(4), 23, 24, 30Retain 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 registernone setyou are liable for the full amountDisputes
s 26(2), (3), 87.4(4); O. Reg. 303/18 s 2(6); O. Reg. 304/18 s 1, 7Watch 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 register14 daysa breach of contractDisputes
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 register74 daysa breach of contractDisputes
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 register14 daysa breach of contractDisputes
s 26(8) para 1, 27Be 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 register14 daysa breach of contractDisputes
s 2(1), 32(1)-(4); O. Reg. 303/18 s 2(9); O. Reg. 304/18 s 1, 9Publish the certificate of substantial performance on a construction trade news website within 7 days of receiving the signed copyheld in the compliance documents register7 daysno penalty statedDisputes
s 15, 16, 31(2)-(7), 34(1), (3)-(5); O. Reg. 304/18 s 11, 11.1Preserve 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 register60 daysthe claim is barredMissed 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 register90 daysthe claim is barredMissed 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 register24 monthsthe claim is barredMissed claims
s 31(6)-(8), 87.4(6); O. Reg. 303/18 s 2(8); O. Reg. 304/18 s 1, 8Publish a notice of termination within 7 days after a contract is terminatedheld in the contract notice register7 daysno penalty statedMissed claims
s 85.1(1)-(7), 85.2; O. Reg. 304/18 s 12, 12.1On 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 registernone seta breach of contractLapsed 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.