Ontario Construction News staff writer
The Ontario Ministry of the Attorney General is accepting feedback on a series of proposed regulatory changes to the Construction Act. The 28-day comment period closes on Sept. 24.
Until the new regulations are enacted, the Construction Act remains unchanged and fully in force. Submissions from the public and industry stakeholders are due by Sept. 24.
The proposed amendments stem from an independent review led by construction-law expert Duncan Glaholt, launched last summer. Following consultations with industry representatives, Glaholt submitted his report to the government on Oct. 30, 2024.
Ontario’s Bill 216, the Building Ontario for You Act (Budget Measures), 2024, incorporated a selection of priority recommendations from the 44 proposals outlined in Glaholt’s report. The proposed changes focus on three key areas:
- Enhancing statutory adjudication access: Encouraging broader use of adjudication to resolve disputes efficiently, reducing reliance on lengthier and more costly court proceedings.
- Improving the holdback regime: Mandating the annual release of holdbacks and implementing other measures to improve cash flow for contractors, subcontractors, and trades throughout the construction industry.
- Increasing clarity and certainty: Introducing technical and housekeeping amendments to strengthen understanding and compliance across the sector.
Before the amendments can take effect, the ministry must finalize supporting regulatory changes. Feedback on potential regulations is being collected through the Ontario Regulatory Registry.