This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Technical Consultation Portal.
Why consultation isn't required
MTO has consulted with ORBA on these changes. The change proposed support Construction Act requirements.
Exception details
The changes proposed will allow contractors to publish the notice of Substantial Performance in a construction trade newspaper other than the Daily Commercial News, in alignment with the provisions of the Construction Act.
To support this change, the following documents have been identified to be revised:
- PH-CC-817: Application for Substantial Performance/Contract Completion
- PH-CC-799: Certificate of Substantial Performance
- MTO GC Clauses GC 8.02.04.05 and GC 8.02.04.07
The changes to the above-noted items are summarized below and shown in track edits in the attached documents. The details of the proposed changes are as follow:
- PH-CC-817: Application for Substantial Performance/Contract Completion
- Contractor to use this form to communicate the construction trade newspaper that will be used for the notice. The website link will have to also be provided.
- A note for Contractors to notify their subs as part of the Statutory Declaration (reminder: Statutory Declaration required in the MTO GCs)
- PH-CC-799: Certificate Of Substantial Performance
- Contract Administrator to fill-out construction trade newspaper information as confirmed by the Contractor in the “Application for Substantial Performance/Contract Completion” process
- MTO GC Clauses GC 8.02.04.05 and GC 8.02.04.07
- Changed applicable “Daily Commercial News” references to “construction trade newspaper” references
- Reminder: the Construction Act defines construction trade newspaper in O. Reg. 304/18
- Reminder: Contractor is responsible to communicate publishing information to suppliers and subcontractors
Questions can be submitted to Mireya.Hidalgo@ontario.ca, or Finlay.Buchanan@ontario.ca