It was announced this week that in the spring of 2017, the Ontario government is expected to introduce new legislation to modernize construction lien and holdback rules in that province. It is anticipated that this new legislation will include new “prompt payment” rules and new dispute resolution measures. How such issues should be handled have been the subject of extensive debate, and so it will be interesting to see how this new legislation purports to deal with them. You can read more about the recommendations made to the Ontario legislature here: http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/cla_report/
Undoubtedly, any reforms enacted in Ontario will be of interest to industry professionals and lawyers in British Columbia.
In British Columbia, the Builders Lien Act (“BLA”) which was passed in 1997, is arguably also in need of reform. A comprehensive review and “overhaul” of the BLA is underway, being led by the British Columbia Law Institute, in consultation with industry experts. There has been no indication yet as to when we might expect to see new builders lien legislation tabled in BC.
Read more about the project here: http://www.bcli.org/wordpress/wp-content/uploads/2015/05/Builders-Lien-Act-Reform-Project-Backgrounder-1.pdf
If you have any questions about builders lien law, Stephanie Streat 604-917-0045, would be pleased to hear from you.