November 18, 2009

National Trade Contractors Coalition at Queen’s Park to discuss Lien Act reform

PATRICIA WILLIAMS

staff writer

Ontario-based representatives of the National Trade Contractors Coalition of Canada (NTCCC) are scheduled to meet with provincial MPPs today to back the provincial construction industry’s push for reform of the Construction Lien Act.

Amendments to the legislation have been proposed by a group led by the Council of Ontario Construction Associations (COCA). But those amendments are not expected to see the light of day this year.

“It’s like pushing a rope up a hill,” said Dave Kueneman, chair of COCA’s lien act subcommittee. “We’re still pushing, but the rope keeps bending. The problem is that nobody (at Queen’s Park) wants to take ownership of the legislation.”

Last June, a series of amendments were recommended by a group that included the Provincial Building and Construction Trades Council of Ontario, the Carpenters’ District Council of Ontario and the Ontario Association of Architects in addition to COCA.

Key proposals included the mandatory release of holdback funds at the end of a project and continuation of contractors’ lien rights through to 45 days after substantial performance of a project.

David Zurawel, COCA vice-president of policy and government relations, said the association hopes the amendments will be on the government’s order paper next spring after failing to be included in a recent good governance bill.

In a statement, the NTCCC said it wanted to “add its support” to the Ontario construction industry’s campaign for lien act reform.

The coalition believes that such amendments, when enacted, will act as a catalyst for change in other jurisdictions and assist in the matter of prompt payment of trade contractors.

The NTCCC represents nine national and provincial trade associations.

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