Ontario Introduces Prompt Payment Legislation

Ontario Introduces Prompt Payment Legislation

June 9, 2017

Ontario has introducing legislation that would, if passed, introduce a prompt payment system, modernize construction lien and holdback rules, and create a new process to speed up dispute resolution.

If passed, the proposed legislative and regulatory changes under the Construction Lien Act would come into effect in 2018. These changes come as the province proceeds through what it claims is its largest ever infrastructure investment in hospitals, schools, public transit, roads and bridges — more than $190 billion over 13 years, starting in 2014-15. The changes would bring Ontario’s construction laws up to date to reflect current construction industry practices and support the thousands of workers and businesses in this sector.

The Construction Lien Act regulates the way payments are made in the construction industry, and provides reasonable certainty that those who have contributed services or materials to the improvement of real property will be paid for the contribution they made. Under the proposed legislation, the act would be amended to establish a prompt payment system with clear payment timelines for all parties involved in a construction project. Disputes that slow down payment could be addressed through a new adjudicative process outside of court.

Specific features of the changes appear below.

Creating a prompt payment system

Under the proposed changes, the owner and general contractor on a project would be able to agree to a deadline to submit an invoice. If they do not agree, they would be required to submit invoices on a monthly basis. Once they receive an invoice, owners would be required to pay general contractors within 28 days. After they receive payment, general contractors would have to pay subcontractors within seven days. Subcontractors would be required to pay other subcontractors within seven days of receiving payment, and so on.

Parties would be free to agree to a timeline for the submission of invoices, before triggering the prompt payment timelines. Where there is a dispute about the amount owed or the quality of the work, owners would be permitted to deliver a notice of non-payment within 14 days of receiving the invoice.

Successive payers would be permitted to deliver a notice of non-payment within seven days. Any undisputed amounts must be paid.

Contractors and subcontractors would receive mandatory interest on late payments. They would also be able to suspend work on a project if the matter is heard by an adjudicator and the payer does not comply with the decision.

Updating construction lien and holdback rules

Among the proposed changes to modernize the construction lien and holdback rules are the following: • extending timelines for contractors and subcontractors to file liens and start court actions from 90 days to 150 days to allow for more time to resolve disputes outside of court

  • requiring holdbacks to be paid once the timeline to file liens has passed. This would give contractors and subcontractors greater certainty about when the holdback will be paid, allowing them to plan and accept contracts for new work
  • requiring contractors and subcontractors to follow specific bookkeeping requirements to protect subcontractors in the event of bankruptcy
  • requiring surety bonding on public sector projects above a certain amount to protect subcontractors and workers if the general contractor files for bankruptcy
  • providing for the referral of construction lien claims under $25,000 to the small claims court

Speeding up dispute resolution

The proposed changes include a new interim adjudication system to prevent payment disputes from delaying work on construction projects, speed up the payment process and reduce time and money spent on litigation.

Adjudication would

  • provide an interim binding decision in approximately six weeks. Adjudication would
  • give parties an alternative to court or provide an interim, binding solution while matters are being heard in court

Adjudication can be used to resolve payment disputes that could result in project delay, including disputes about the valuation of work, payments and set-offs against amounts due under a contract. The adjudications would be informal and inquisitorial.

Parties would be free to establish a process by contract or use the default process, which would be available in regulations. If, after adjudication, the party owing money refuses to comply with the decision, the party eligible for an award would be entitled to suspend further work under the contract.

Adjudicator’s decisions could not be appealed, but the decision could be challenged on the grounds of adjudicator bias or a decision on a matter other than the matter referred. If the parties are satisfied with the adjudicator’s decision, they may agree to treat the decision as final. Whether or not the person owing money complies with the adjudication, the parties may continue to pursue ordinary legal remedies to address the dispute.

Time limits for preserving a lien would be extended to encourage parties to adjudicate first. The adjudicators would be experts who have had extensive experience in the construction industry and who have experience or training in dispute resolution.

Federal prompt payment legislation also in the works

Canada’s Senate recently passed Bill S-224, the Canada Prompt Payment Act, regulating payments on federal construction contracts. The bill now goes to the House of Commons.

Find out more: http://www.electricalindustry.ca/changing-scenes/3090-senate-approves-prompt-payment-act.

Related Articles


Latest Articles

  • Stephanie Medeiros on EV Infrastructure in Canada, Innovative Technologies, Well-Planned Charging Networks, & Commercial Fleets

    Stephanie Medeiros on EV Infrastructure in Canada, Innovative Technologies, Well-Planned Charging Networks, & Commercial Fleets

    September 3, 2026 By Blake Marchand In this Q&A with Stephanie Medeiros, the Head of Mobility at Schneider Electric Canada provides insight into her perspective on EV charging infrastructure in Canada, factors that will contribute to growing EV adoption, grid modernization for commercial fleets, the role of Vehicle-to-Grid and other innovative approaches to electrification. The focus of… Read More…

  • LEDVANCE: Understanding Light Beam Angles

    LEDVANCE: Understanding Light Beam Angles

    September 3, 2026 Light Beam Angles: How It Affects Different Types of Lighting, Where It Is Applied & What to Consider When Choosing the Right One Beam angle is important in lighting design. It determines how light spreads within a space and influences both functionality and atmosphere. By understanding beam angles, you can achieve both… Read More…

  • ITC 101 Series: Why Certifications (UL, CSA) Matter in Industrial Components

    ITC 101 Series: Why Certifications (UL, CSA) Matter in Industrial Components

    September 2, 2026 By ITC Electrical Components When selecting industrial electrical components, certification is more than a logo on a datasheet. A certification mark indicates that a product or component has been independently evaluated against specified requirements for its intended market. In North America, selecting products with the appropriate certification can affect regulatory acceptance, equipment… Read More…

  • Project Spotlight: Leigh Square Fountain

    Project Spotlight: Leigh Square Fountain

    September 2, 2026 In spring 2025, the City of Port Coquitlam unveiled a transformed Leigh Square, reimagined as a vibrant, accessible, and welcoming gathering place in the heart of downtown. At the heart of the renewed plaza, a Bellagio-style programmable dancing fountain is integrated directly into the paving—three interlocking rings where jets rise, fall, and… Read More…


Changing Scene

  • Leviton Canada Appoints Salex as Network Solutions Sales Agency for Ontario

    Leviton Canada Appoints Salex as Network Solutions Sales Agency for Ontario

    September 9, 2026 Leviton Canada is pleased to announce the appointment of Salex Inc. as their authorized sales agent for the Network Solutions (NS) product portfolio across the Ontario market, effective immediately. This appointment reflects their commitment to strengthening customer engagement, expanding market coverage, and providing enhanced local support throughout the province. Salex brings a… Read More…

  • Ontario Electrical League Brings Free Electrical Industry Roadshow to Barrie September 22

    Ontario Electrical League Brings Free Electrical Industry Roadshow to Barrie September 22

    September 9, 2026 The Ontario Electrical League is bringing its Roadshow to Barrie on Tuesday, September 22, 2026, and the invitation is simple: if you are part of Ontario’s electrical industry, or interested in becoming part of it, you are welcome. The free event will bring together independent electrical companies, Licensed Electrical Contractors, business owners,… Read More…

  • 2026 Ontario Apprenticeship Awards Call for Nominations

    2026 Ontario Apprenticeship Awards Call for Nominations

    September 3, 2026 Skilled Trades Ontario is proud to open nominations for the 2026 Ontario Apprenticeship Awards, recognizing outstanding apprentices, journeypersons, organizations and skilled trades leaders who are helping strengthen Ontario’s apprenticeship system. Award recipients will be announced at the Ontario Apprenticeship Summit on November 4, 2026, at the Toronto Congress Centre. Nominations must be submitted… Read More…

  • Bartle & Gibson Announces New Partnership with Hubbell Canada

    Bartle & Gibson Announces New Partnership with Hubbell Canada

    September 3, 2026 Bartle & Gibson Co. Ltd., an Alberta-based premier plumbing, heating and electrical distributor and Hubbell Canada have announced a new regional partnership enabling increased access to Hubbell Canada’s end-to-end electrical product portfolio across Western Canada. “With our strong presence in the west through 31 branches and counting located in Alberta, Saskatchewan, British… Read More…