32 (1) The following rules govern the certification and declaration of the substantial performance of a contract: 1.  On the application of the contractor, the payment certifier shall determine whether the contract has been substantially performed in accordance with section 2, and, if the payment certifier so determines, shall certify the substantial performance of the contract by signing a certificate in the prescribed form. If there is no payment certifier, the owner and contractor shall make the determination jointly and shall both sign the certificate. 2.  The payment certifier or the owner and the contractor jointly, as the case may be, shall set out in the certificate the date on which the contract was substantially performed. 3.  The date set out in the certificate as the date on which the contract was substantially performed is deemed for the purpose of this Act to be the date on which that event occurred. 4.  Where the payment certifier certifies the substantial performance of a contract the payment certifier shall within seven days of the day the certificate is signed give a copy of the certificate to the owner and to the contractor. 5.  The contractor shall publish a copy of the certificate in the manner set out in the regulations. 6.  Where the contractor does not publish a copy of the certificate within seven days of receiving a copy of the certificate signed by the payment certifier or, where there is no payment certifier, signed by the owner, any person may publish a copy of the certificate. 7.  Where there is a failure or refusal to certify substantial performance of the contract within a reasonable time, any person may apply to the court, and the court, upon being satisfied that the contract is substantially performed, and upon such terms as to costs or otherwise as it considers fit, may declare that the contract has been substantially performed, and the declaration has the same force and effect as a certificate of substantial performance of the contract. 8.  Unless the court otherwise orders, the day the declaration is made shall be deemed to be the date the contract was substantially performed. 9.  The person who applied to the court shall publish a copy of the declaration of substantial performance in the manner set out in the regulations. 10.  For the purposes of this Part, a certificate or declaration of the substantial performance of a contract has no effect until a copy of the certificate or declaration is published.  R.S.O. 1990, c. C.30, s. 32 (1); 2017, c. 24, s. 27 (1), 65. Contents of certificate (2) Every certificate or declaration made or given under this section shall include, (a)  the name and address for service of the owner and of the contractor; (b)  the name and address of the payment certifier, where there is one; (c)  a short description of the improvement; (d)  the date on which the contract was substantially performed; (e)  if the lien attaches to the premises, a legal description of the premises, including all property identifier numbers and addresses for the premises; and (f)  if the lien does not attach to the premises, a concise description of the premises, including addresses, and the name and address of the person or body to whom a copy of the claim for lien must be given under section 34. R.S.O. 1990, c. C.30, s. 32 (2); 2010, c. 16, Sched. 2, s. 2 (3); 2017, c. 24, s. 27 (2), 70, 71; 2018, c. 17, Sched. 8, s. 9. Liability for refusal to certify (3) Any person who is required by this section to make a determination of the substantial performance of a contract, and who after receiving an application fails or refuses within a reasonable time to certify the substantial performance of the contract, even though there is no reasonable doubt that the contract has, in fact, been substantially performed, is liable to anyone who suffers damages as a result.  R.S.O. 1990, c. C.30, s. 32 (3). Liability for failure to furnish copy of certificate (4) A payment certifier who fails to comply with paragraph 4 of subsection (1) is liable to anyone who suffers damages as a result.  R.S.O. 1990, c. C.30, s. 32 (4). (5) Repealed: 2017, c. 24, s. 27 (3). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 2, s. 2 (3) - 25/10/2010 2017, c. 24, s. 27 (1-3) - 01/07/2018; 2017, c. 24, s. 65, 70, 71
- 12/12/2017 2018, c. 17, Sched. 8, s. 9 - 06/12/2018