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

  • Guide to the Canadian Electrical Code, Part 1[i], 26th Edition– A Road Map: Section 56

    Guide to the Canadian Electrical Code, Part 1[i], 26th Edition– A Road Map: Section 56

    February 6, 2026 The Code is a comprehensive document. Sometimes it can seem quite daunting to quickly find the information you need. This series of articles provides a guide to help users find their way through this critical document. This is not intended to replace the notes in Appendix B or the explanations of individual Read More…

  • 3D Printing: Inside Lighting’s Next Revolution

    February 5, 2026 While 3D printing in mass production was once a dream, advancements in the technology have moved it more into the mainstream. The technique, which is also referred to as additive manufacturing, has rapidly evolved from a niche prototyping tool into a transformative production method for many sectors, including the lighting industry. As Read More…

  • Microgrids & Power Quality: Designing Resilient, Clean Facility Power

    Microgrids & Power Quality: Designing Resilient, Clean Facility Power

    February 5, 2026 In an era of extreme weather, aging infrastructure, and ever‑rising energy demands, many facility managers are rethinking their relationship with the grid. Microgrids offer a way to take control and operate autonomously when necessary. A microgrid is more than just backup, when designed properly, it becomes a platform for resiliency, efficiency, and Read More…

  • ITC 101: Understanding NEMA Ratings for Electrical Enclosures

    ITC 101: Understanding NEMA Ratings for Electrical Enclosures

    February 5, 2026 Understanding NEMA Ratings for Electrical Enclosures NEMA Ratings are an essential classification system used across North America to define the environmental and mechanical protection provided by electrical enclosures. Developed by the National Electrical Manufacturers Association (NEMA), these ratings help engineers, installers, and specifiers identify the appropriate enclosure type for industrial, commercial, and outdoor Read More…


Changing Scene

  • Lighting What’s Next: Stanpro Celebrates 65 Years

    Lighting What’s Next: Stanpro Celebrates 65 Years

    February 6, 2026 “We didn’t get here by standing still. For 65 years, we’ve shaped how we think, how we design, and what responsibility means,” the company said in a LinkedIn post. “Today, that thinking takes a new form. Not to change who we are, but to express our evolution more clearly. This is Stanpro, Read More…

  • Housing Priorities on Track in New Brunswick, but More Work to do: Hickey

    Housing Priorities on Track in New Brunswick, but More Work to do: Hickey

    February 6, 2026 Efforts to support the creation of new affordable housing and reduce chronic homelessness are on track, but there is still lots of work to do, according to David Hickey, the minister responsible for the New Brunswick Housing Corporation. New data indicates progress has been made on three key government priorities related to Read More…

  • BJ Electric is now Bernie’s Electric Supplies Ltd

    BJ Electric is now Bernie’s Electric Supplies Ltd

    February 6, 2026 BJ Electric has announced the company has rebranded as Bernie’s Electric Supplies Ltd, a nod to their founder. “BJ Electric Supplies is now Bernie’s Electric Supplies—in honor of our founder, Bernard Joseph Thompson, and the values that have guided the company for nearly 50 years. As we grow and evolve, this name Read More…

  • The Government of Canada Introduces the Build Canada Homes Act

    The Government of Canada Introduces the Build Canada Homes Act

    February 6, 2026 The Government of Canada has introduced the Build Canada Homes Act, legislation that will establish Build Canada Homes as a Crown corporation whose mandate will be dedicated to building affordable housing in communities across the country. As Canada’s affordable housing builder, this legislation will equip Build Canada Homes with the necessary tools to Read More…