Proposed New Surety Bonding Requirements for Large Non-P3 Infrastructure Projects in Ontario

Government of Ontario

April 8, 2024

Since 2018, the Construction Act (the Act) has mandated the use of surety bonding for public construction projects with a price of $500,000 or more. This requirement is meant to protect public and broader public sector infrastructure project owners, subcontractors, workers, and suppliers from the risk of non-payment or non-performance if a contractor defaults on its obligations under a project agreement. The general minimum coverage limit is 50% of contract price for each of the performance and labour and material bonds. However, an exception applies for projects delivered using a Public-Private Partnership (P3) delivery model as this model was envisioned to be the dominant model used for large public infrastructure projects. For these projects, the minimum coverage limit for each bond is,
a. 50% of the contract price, if the contract price is $100 million or less; or
b. $50 million, if the contract price is more than $100 million.

Since then, however, market conditions have changed, and non-P3 delivery models (i.e., models that do not involved private finance) are being used for large projects more often. And in response to stakeholder feedback that the level of bonding required for non-P3 projects may impede or delay the construction of priority large non-P3 projects, the Province made amendments to the Act through Bill 146, Building a Strong Ontario Together Act (Budget Measures), 2023 (2023 Fall Bill) to allow the government to lower the minimum bonding requirements for large non-P3 projects. The legislative amendments would allow the 50% default coverage limit to be moved into the regulation alongside the new non-P3 requirements.

The Province is now seeking feedback on those new non-P3 bonding requirements which would establish a new minimum coverage limit for large non-P3 projects for each of the performance and labour and material bonds, as follows:
a. 50% of the contract price, if the contract price is $500 million or less; or
b. $250 million, if the contract price is more than $500 million.

In addition, like an existing obligation for bonding P3 projects, project owners would be required to assess whether the minimum bond coverage is adequate to protect against contractor non-performance and non-payment and are able to set a higher bonding requirement, if appropriate.

The legislative amendments made through the 2023 Fall Bill and a consultation version of the proposed regulatory amendments are included as an attachment. Your feedback may inform potential changes to the proposed regulatory amendment.

Analysis of Regulatory Impact:

No new administrative costs are anticipated as a result of the proposed changes. The Province invites stakeholder feedback on the changes including on potential costs associated with the given regulation coming into force.

Go HERE for more information

Related Articles


Latest Articles

  • Mastering Advanced Bidding Strategies in Electrical Contracting

    Mastering Advanced Bidding Strategies in Electrical Contracting

    December 1, 2025 By Melvin Newman, Patabid CEO & Ian Paterson, Patabid Client Success Manager and journeyman electrician with 30+ years of experience In the competitive world of electrical contracting, knowing how to estimate electrical jobs effectively can make the difference between winning profitable projects and watching opportunities slip away. For electrical contractors, mastering advanced… Read More…

  • Why Choosing the Right USB Charger Matters

    Why Choosing the Right USB Charger Matters

    December 1, 2025 Not all USB Chargers are Created Equal As the number of devices used daily increases, so does the need for a charger that delivers safe speeds and maximum charging potential. A high-quality USB charger delivers efficient charging without risk of damage, but the sea of USB chargers and outlets available on online… Read More…

  • How Homebuilding Incentives Can Pay Off for Cities, Homeowners and Local Economies: New Concordia Study

    December 1, 2025 A new study from Concordia University’s John Molson School of Business finds that improving housing affordability isn’t just a social good — it’s an economic growth opportunity. Build and Benefit: How Homebuilding Incentives Can Pay Off for Cities, Homeowners and Local Economies reframes housing policy reform as a sustainable fiscal growth strategy, demonstrating meaningful… Read More…

  • The Importance of HazLoc LED Lighting for Safe Workplaces

    The Importance of HazLoc LED Lighting for Safe Workplaces

    November 30, 2025 By CSC LED In Canada’s industrial lighting sector, one of the most critical yet often overlooked safety components is lighting designed specifically for hazardous locations, otherwise known as HazLoc (hazardous location) LED lighting. For workplaces dealing with flammable gases, vapours, combustible dust, or ignitable fibres, standard LED fixtures simply don’t cut it…. Read More…


Changing Scene

  • Skills Ontario Celebrates the Expansion of Trades & Tech Truck Program

    Skills Ontario Celebrates the Expansion of Trades & Tech Truck Program

    December 1, 2025 Skills Ontario is expanding its fleet of Trades & Tech mobile unit thanks to support from the Ontario Government. The government announced this morning it’s investment in Skills Ontario to expand experiential opportunities for Ontario’s future workforce.    “Ontario’s future relies on a strong, skilled workforce,” said David Piccini, Minister of Labour, Immigration,… Read More…

  • BC’s Canadian Mutual Recognition Agreement aims to Facilitate Interprovincial Trade

    BC’s Canadian Mutual Recognition Agreement aims to Facilitate Interprovincial Trade

    December 1, 2025 A new agreement signed by all provinces, territories, and the federal government will break down interprovincial trade barriers, making it easier for B.C. businesses to sell products across Canada, and for people to buy Canadian-made goods.   “When threats to Canada’s economic security land at our doorstep, we’re at our best when we work together as… Read More…

  • EB Horsman’s Commitment to Giving Back – A Year in Recap 2024/2025

    EB Horsman’s Commitment to Giving Back – A Year in Recap 2024/2025

    December 1, 2025 EB Horsman Cares is the company’s community engagement program that supports local children’s hospitals, communities, and non-profit initiatives with donations, fundraising, volunteering, and scholarships.  Since 1993, BC Children’s Hospital has been the primary recipient of EB Horsman & Son’s fundraising. However, as EB Horsman has continued to expand its businesses across Western… Read More…

  • Build Canada Homes Introduces Policy Framework to Guide its Investments in Affordable Housing

    Build Canada Homes Introduces Policy Framework to Guide its Investments in Affordable Housing

    December 1, 2025 Central to that work, the Government of Canada is stepping up with the recently launched Build Canada Homes, new federal agency with a mandate to scale up the supply of affordable housing across Canada. Build Canada Homes will also help fight homelessness by building transitional and supportive housing – working with provinces,… Read More…