Construction Lien Perfection Period Ontario 

If it appears that your lien will not be resolved within the perfection period, you may wish to have your lien perfected to prevent it from expiring. The perfection process involves seeking legal counsel to file a statement of claim on your behalf and must be done before the end of the perfection period. 

So, how long do you have to perfect your lien? In Ontario, under the updated Construction Lien Act you have 90 days from the last day that your lien could have been filed, to have your lien perfected. The updated Construction Lien Act has a lien registration period of up to 60 days from the last day of supply.  To put this into perspective, if your lien was registered 40 days after your last day of supply, you would have 110 days from the date that your lien was registered to have your lien perfected. If your lien was registered 60 days from your last day of supply, you would have 90 days to have your lien perfected. 

The 90-day perfection period only applies to projects that began AFTER July 1, 2018. If the project a whole (including the tendering process and requests for quotations) began before July 1, 2018, then the “old” perfection period will apply. You will have 45 days from the last day that your lien could have been filed to perfect your lien. The “old” Ontario Construction Lien Act has a lien registration period of up to 45 days from your last day of supply. So, if your lien was filed 40 days after your last supply, you would have 50 days from the day that your lien was registered to have your lie perfected.  

Conclusion 

The lien perfection period in Ontario is either 45 days or 90 days from the last day that your lien could have been filed. The perfection period is 90 days if the project as a whole began after July 1, 2018, and 45 days if the project as a whole began before July 1, 2018. 

 

More questions? We are happy to help! Email us at [email protected] or visit lien-pro.com to file a lien and other construction services.