Construction lien law
Ontario lien deadlines for contractors
Updated · Checked against primary sources
The short answer
In Ontario, preserve a construction lien within 60 days after the earlier of publication of the certificate of substantial performance or completion, abandonment or termination of the contract; subcontractors also count from their last supply. Perfect it by starting an action and registering a certificate of action within the next 90 days. Owners hold back 10%, now released annually.
The deadlines
| Step | Rule |
|---|---|
| Preliminary notice: who | None. Ontario has no US-style preliminary notice: lien rights arise from supplying services or materials to an improvement without any notice to the owner before or during the work. |
| Preliminary notice: when | Not applicable. |
| File or register the lien | Preserve the lien under s. 34 (for a lien that attaches to the premises, by registering a claim for lien on title). Contractor: before the end of the 60-day period after the earlier of the date the certificate or declaration of substantial performance is published and the date the contract is completed, abandoned or terminated; for supply after substantial performance, 60 days after completion, abandonment or termination (Construction Act s. 31(2)). Subcontractors and suppliers: 60 days after the earliest of publication of the certificate, their last supply of services or materials, completion, abandonment or termination of the prime contract, or certification of their subcontract as completed (s. 31(3)). |
| Enforce or perfect it | A preserved lien expires unless perfected before the end of the 90-day period following the last day on which it could have been preserved (s. 36(2)). Perfect by commencing an action and registering a certificate of action on title, or, where the lien does not attach to the premises, by commencing the action (s. 36(3)). A preserved lien can also be perfected by sheltering under another claimant's perfected lien on the same improvement (s. 36(4)). |
Other notices and rules
- Holdback: every payer on a contract or subcontract retains 10% of the price of services or materials as supplied, plus a separate 10% finishing holdback on work after substantial performance (s. 22).
- Mandatory annual holdback release (in force January 1, 2026): not later than 14 days after each contract anniversary the owner must publish a notice of annual release of holdback, then pay the contractor the accrued holdback for the prior year 60 to 74 days after publication unless a lien has been preserved or perfected. The contractor pays subcontractors within 14 days of receiving it (s. 26). For contracts entered before January 1, 2026, the first anniversary covered is the second anniversary falling after that date, and that payment includes all earlier accrued holdback (s. 87.4(4)).
- Prompt payment: the owner pays a proper invoice within 28 days of receiving it unless it gives a notice of non-payment within 14 days of receipt (s. 6.4). A contractor pays subcontractors within 7 days of receiving payment (s. 6.5). Since January 1, 2026 a proper invoice may be revised only with the owner's advance agreement and without changing its date (s. 6.3(5)).
- Adjudication (Part II.1): parties to a contract or subcontract may refer prescribed disputes to adjudication. As amended by S.O. 2024, c. 20, Sched. 4, notice of adjudication cannot be given more than 90 days after the contract is completed, abandoned or terminated (for subcontracts, the earliest of that date, certification of subcontract completion, or the sub's last supply) unless the parties agree otherwise (s. 13.5(3), (3.1)).
Common questions
- Do I need to send a preliminary notice in Ontario?
- None. Ontario has no US-style preliminary notice: lien rights arise from supplying services or materials to an improvement without any notice to the owner before or during the work. Not applicable..
- How long do I have to file a lien in Ontario?
- Preserve the lien under s. 34 (for a lien that attaches to the premises, by registering a claim for lien on title). Contractor: before the end of the 60-day period after the earlier of the date the certificate or declaration of substantial performance is published and the date the contract is completed, abandoned or terminated; for supply after substantial performance, 60 days after completion, abandonment or termination (Construction Act s. 31(2)). Subcontractors and suppliers: 60 days after the earliest of publication of the certificate, their last supply of services or materials, completion, abandonment or termination of the prime contract, or certification of their subcontract as completed (s. 31(3)).
- How long does a Ontario lien last before I have to enforce it?
- A preserved lien expires unless perfected before the end of the 90-day period following the last day on which it could have been preserved (s. 36(2)). Perfect by commencing an action and registering a certificate of action on title, or, where the lien does not attach to the premises, by commencing the action (s. 36(3)). A preserved lien can also be perfected by sheltering under another claimant's perfected lien on the same improvement (s. 36(4)).
General information from the statutes cited below, checked 2026-09-24. Lien law is strict and details depend on your role and contract. Confirm with a construction lawyer in Ontario before relying on a deadline. Existing annual or phased holdback arrangements under former ss. 26.1 and 26.2 continue for pre-2026 contracts until the date set in s. 87.4(4) para. 1 (O. Reg. 384/25, s. 1). Certain listed public project agreements keep the old s. 26 (s. 87.4(5)).
Where Pavado comes in
How Pavado builds a CRM around your jobs
Lien rights are usually lost to a calendar, not a court. We build CRMs that start each job's notice and lien clocks from its real start and completion dates and remind you before every deadline, so the rights you earned by doing the work are still there when a customer stops paying.
Instead of bending your shop around someone else's software, we build the system around how your jobs actually move, and connect it to what you already use.
- Your pipeline, your stages. From first call to paid invoice, set up the way your team already works.
- Automations for the busywork. Follow-ups, reminders and handoffs that happen without anyone remembering.
- One record per customer. Calls, quotes, jobs, photos and invoices in one place instead of five apps.
- Connected to your stack. QuickBooks or Xero, Gmail or Outlook, payments and e-sign, plus thousands more through Zapier and an API.
- 1.Book a free demo and walk us through how a job moves today.
- 2.We map the workflow and send a scoped proposal, free.
- 3.We build it, connect your tools and get your team using it.
The first conversation and a scoped proposal are free, and we will tell you early if we are not the right fit.
Go deeper
- GuideWhen to File a Construction Lien: 2026 DeadlinesFile while the clock runs: 30 to 60 days in Canada (60 in Ontario), 90 to 180 in most US states, counted from completion. Registering costs $200 to $500.
- GuideCustomer Short Paid the Final Invoice: 5 MovesBefore you chase the balance, decide whether to deposit the cheque. In the US, cashing one marked 'paid in full' can legally erase what you are owed.
- GuideHow to Collect a Contractor Deposit: 5 RulesMake the deposit due 3 to 5 business days before the start date, size it to your upfront spend, and check state caps: California's is $1,000, not $10,000.
- GuideProgress Payment Schedule: 6 Rules That Get PaidEight states cap what you can collect up front. California's limit is $1,000. How to build a draw schedule under your legal ceiling and stay cash positive.
Other provinces
Sources
- Construction Act, R.S.O. 1990, c. C.30 (e-Laws, current to September 21, 2026)
- O. Reg. 384/25, Transitional Matters
Cite this page
Pavado, “Ontario Lien Deadlines 2026: Notice and Filing”, https://www.pavadotech.com/lien-deadlines/ontario, updated 2026-09-24.