39 (1) Any person having a lien or who is the beneficiary of a trust under Part II or who is a mortgagee may, at any time, by written request, require information to be provided within a reasonable time, not to exceed twenty-one days, as follows: from owner or contractor 1.  By the owner or contractor, other than a landlord described in paragraph 4, with, i.  the names of the parties to the contract, the date on which the contract was entered into and the date on which any applicable procurement process was commenced, ii.  the contract price, iii.  a state of accounts between the owner and the contractor containing the information listed in subsection (4.1), iv.  a copy of any labour and material payment bond in respect of the contract posted by the contractor with the owner, v.  a statement of whether the contract provides in writing that liens shall arise and expire on a lot-by-lot basis, and vi.  a statement of whether the contract provides that payment under the contract shall be based on the completion of specified phases or the reaching of other milestones in its completion. from contractor or subcontractor 2.  By the contractor or a subcontractor, with, i.  the names of the parties to a subcontract and the date on which the subcontract was entered into, ii.  a state of accounts between the contractor and a subcontractor, or between a subcontractor and another subcontractor, containing the information listed in subsection (4.1), iii.  a statement of whether there is a provision in a subcontract providing for certification of the subcontract, iv.  a statement of whether a subcontract has been certified as complete, and v.  a copy of any labour and material payment bond posted by a subcontractor with the contractor or by a subcontractor with another subcontractor. from owner 3.  By an owner who is selling the owner’s interest in a premises that is a home, with, i.  the name and address of the purchaser, the sale price, the amount of the purchase price paid or to be paid prior to the conveyance, the scheduled date of the conveyance and the lot and plan number or other legal description of the premises as contained in the agreement of purchase and sale, and ii.  the date on which a permit authorizing occupancy or a certificate of completion and possession has been issued. Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 3 ii of subsection 39 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 76 (2)) ii.  the date on which the permit or material described in clause (b) of the definition of home buyer in subsection 1 (1) has been issued. from landlord 4.  By a landlord whose interest in a premises is subject to a lien under subsection 19 (1), with, i.  the names of the parties to the lease, ii.  the amount of the payment referred to in subsection 19 (1), and iii.  the state of accounts between the landlord and the tenant containing the information listed in subsection (4.1).  R.S.O. 1990, c. C.30, s. 39 (1); 2017, c. 24, s. 32 (1-7), 71; 2018, c. 17, Sched. 8, s. 11. from mortgagee or unpaid vendor (2) Any person having a lien or any beneficiary of a trust under Part II may, at any time, by written request, require a mortgagee or unpaid vendor to provide the person within a reasonable time, not to exceed twenty-one days, with, (a)  sufficient details concerning any mortgage on the premises to enable the person who requests the information to determine whether the mortgage was taken by the mortgagee for the purposes of financing the making of the improvement; (b)  a statement showing the amount advanced under the mortgage, the dates of those advances, and any arrears in payment including any arrears in the payment of interest; or (c)  a statement showing the amount secured under the agreement of purchase and sale and any arrears in payment including any arrears in the payment of interest.  R.S.O. 1990, c. C.30, s. 39 (2); 2017, c. 24, s. 70. by trustee or workers’ trust fund (3) The trustee of a workers’ trust fund may at any time by written request require any contractor or subcontractor to permit the trustee, within a reasonable time after making the request, not to exceed twenty-one days, to inspect the payroll records of all workers who are beneficiaries of the fund, and who have supplied labour to the making of the improvement, and who are employed by the contractor or the subcontractor.  R.S.O. 1990, c. C.30, s. 39 (3). respecting publication of certificate of substantial performance (4) A contractor shall, on the written request of a person, provide to the person within a reasonable time after the request is made written confirmation of the date and location of the publication of the copy of the certificate of substantial performance under subsection 32 (1). 2017, c. 24, s. 32 (8). State of accounts (4.1) A state of accounts under subsection (1) shall contain the following information, as of a specified date: 1.  The price of the services or materials that have been supplied under the contract or subcontract. 2.  The amounts paid under the contract or subcontract. 3.  In the case of a state of accounts under paragraph 4 of subsection (1), which of the amounts paid under the contract or subcontract constitute any part of the payment referred to in subsection 19 (1). 4.  The amount of the applicable holdbacks. 5.  The balance owed under the contract or subcontract. 6.  Any amount retained under section 12 (set-off by trustee) or under subsection 17 (3) (lien set-off). 7.  Any other information that may be prescribed. 2017, c. 24, s. 32 (9). Information provided by mortgagee (4.2) For the purposes of clause (2) (b), if amounts have been advanced under the mortgage for the purposes of financing both the purchase price of the land and the making of the improvement, the statement must show the amount advanced under the mortgage for each of those purposes. 2017, c. 24, s. 32 (9). Liability for failure to provide information (5) Where a person, who is required under subsection (1), (2), (3) or (4) to provide information or access to information, does not provide the information or access to information as required or knowingly or negligently mis-states that information, the person is liable to the person who made the request for any damages suffered as a result.  R.S.O. 1990, c. C.30, s. 39 (5); 2017, c. 24, s. 32 (10). Order by court to comply with request (6) Upon motion, the court may at any time, whether or not an action has been commenced, order a person to comply with a request that has been made to the person under this section and, when making the order, the court may make any order as to costs as it considers appropriate in the circumstances, including an order for the payment of costs on a substantial indemnity basis.  R.S.O. 1990, c. C.30, s. 39 (6); 2006, c. 21, Sched. C, s. 102 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 102 (1) - 01/05/2007 2017, c. 24, s. 32 (1-4, 6-9) - 01/07/2018; 2017, c. 24, s. 32 (5, 10), 70, 71 - 12/12/2017; 2017, c. 33, Sched. 2, s. 76 (2) - not in force 2018, c. 17, Sched. 8, s. 11 (1, 2) - 06/12/2018