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ACTIVITY IN CLA REFORM

SECTION SUMMARY

  • Identify efforts of concerned groups (COCA, Trade Associations) in lobbying for reform to the  on Ontario. Supply relevant articles/information in this area.
  • Identify other lobbying efforts relating to “Getting Paid” issues (i.e. NTCCC lobbying Federal Government for “prompt payment” legislation).
  • Staff to update “E-Handbook”, and any ensuring education modules, resulting from these lobbying efforts.

The material supplied in this section is intended as information updates to the activity of those involved in CLA reform. Actual involvement in lobbying efforts is beyond the scope and function of the º¬Ð߲ݴ«Ã½ Getting Paid Task Force.

Amendment to the Construction Lien Act of Ontario:

  • In the wake of the failed appeals to the “Kennedy Electric” decision, the º¬Ð߲ݴ«Ã½, through a concerted effort with COCA, has been lobbying the Office of the Attorney General of Ontario for three (3) key amendments to the CLA:
  1. Change of definition of “improvement” to address issue of liens relevant to the “Kennedy Electric” decision.
  2. Continuation of all sub-contractors’ lien rights through to 45 days after substantial performance.
  3. Mandatory release of holdbacks at the end of the project.

Prompt Payment Legislation:

  • On May 14, 2009, twenty-seven (27) affiliated members of the National Trade Contractors Coalition of Canada (NTCCC) met with MPs in Ottawa () to discuss enacting “prompt payment” legislation.