jswizzle3737/ontario_laws_and_regs huggingface dataset:
82 Where a general lien is realized against a premises in an action in which other liens are also realized against the premises, (a)  the general lien shall rank with the other liens according to the rules of priority set out in section 80 only to the extent of, (i)  the total value of the general lien, divided by, (ii)  the total number of premises to which the person having the general lien supplied services or materials under contract or subcontract; and (b)  in respect of the balance of the general lien, it shall rank next in priority to all other liens against the premises, whether or not of the same class.  R.S.O. 1990, c. C.30, s. 82; 2017, c. 24, s. 54, 69, 71, 72. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 54, 69, 71, 72 - 12/12/2017
83 Where a premises that is subject to a lien is destroyed in whole or in part, any amount received by the owner or a mortgagee by reason of any insurance on the premises shall take the place of the premises so destroyed and shall be distributed in accordance with the priorities set out in this Part.  R.S.O. 1990, c. C.30, s. 83; 2017, c. 24, s. 55. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 55 - 12/12/2017
84 Where an interest in the premises is sold or leased under an order of the court or by a trustee appointed under Part IX, the proceeds received as a result of that disposition, together with any amount paid into court under subsection 65 (2), shall be distributed in accordance with the priorities set out in this Part.  R.S.O. 1990, c. C.30, s. 84; 2017, c. 24, s. 70. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 70 - 12/12/2017
85 (1) Where a payer becomes insolvent, the trust fund of which that payer is trustee shall be distributed so that priority over all others is given to a beneficiary of that trust who has proved a lien and a beneficiary of a trust created by section 8 that is derived from that trust, who has proved a lien.  R.S.O. 1990, c. C.30, s. 85 (1). Same (2) Priority in the distribution of trust funds among those who have proved liens shall be in accordance with the respective priorities of their liens as set out in this Part.  R.S.O. 1990, c. C.30, s. 85 (2). Same (3) The remaining trust funds shall be distributed among the beneficiaries of that trust and the beneficiaries of trusts created by section 8 that are derived from that trust, whose liens have not been proved, in accordance with the respective priorities to which those liens would have been entitled as set out in this Part, had those liens been proved.  R.S.O. 1990, c. C.30, s. 85 (3). part xi.1   surety bonds Bonds and public contracts
85.1 (1) In this section, “public contract” means a contract between an owner and a contractor respecting an improvement, if the owner is the Crown, a municipality or a broader public sector organization. 2017, c. 24, s. 56. Application (2) Subject to the regulations, this section applies to a public contract if the contract price exceeds the amount prescribed for the applicable owner. 2017, c. 24, s. 56. Exception (3) This section does not apply in the case of a contractor who is an architect or an engineer. 2017, c. 24, s. 56. Requirement for labour and material payment bond (4) On entering into a public contract, a contractor shall furnish the owner with a labour and material payment bond, in the prescribed form, that, (a)  is of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (b)  has a coverage limit of at least 50 per cent of the contract price, or such other percentage of the contract price as may be prescribed; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 85.1 (4) (b) of the Act is repealed and the following substituted: (See: 2023, c. 21, Sched. 2, s. 2 (1)) (b)  has the coverage limit required by the regulations and meets any other prescribed requirements; and (c)  extends protection to subcontractors and persons supplying labour or materials to the improvement. 2017, c. 24, s. 56. Requirement for performance bond (5) On entering into a public contract, a contractor shall furnish the owner with a performance bond, in the prescribed form, that, (a)  is of an insurer licensed under the Insurance Act to write surety and fidelity insurance; and (b)  has a coverage limit of at least 50 per cent of the contract price, or such other percentage of the contract price as may be prescribed. 2017, c. 24, s. 56. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 85.1 (5) (b) of the Act is repealed and the following substituted: (See: 2023, c. 21, Sched. 2, s. 2 (2)) (b)  has the coverage limit required by the regulations and meets any other prescribed requirements. Claims process (6) A bond form prescribed for the purposes of subsection (4) or (5) may set out the claims process applicable in respect of the bond. 2017, c. 24, s. 56. No limitation on other bonds or security (7) For greater certainty, this section does not limit the ability of the owner to require the contractor to provide other types of bonds or security. 2017, c. 24, s. 56. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 56 - 01/07/2018 2023, c. 21, Sched. 2, s. 2 (1, 2) - not in force Rights of action
85.2 (1) If a labour and material payment bond is in effect in respect of an improvement and the principal on the bond defaults in making a payment guaranteed by the bond, any person to whom the payment is guaranteed has a right of action to recover the amount of the person’s claim, in accordance with the terms and conditions of the bond, against the surety and the principal. 2017, c. 24, s. 56. Default, performance bond (2) If a performance bond is in effect in respect of an improvement and the contractor defaults in performing the contract guaranteed by the bond, the owner has a right of action to enforce the bond, in accordance with its terms and conditions, against the surety and the contractor. 2017, c. 24, s. 56. Saving (3) Nothing in this section makes the surety liable for an amount in excess of the amount that the surety undertakes to pay under a bond, and the surety’s liability under the bond shall be reduced by and to the extent of any payment made in good faith by the surety either before or after judgment is obtained against the surety. 2017, c. 24, s. 56. Same (4) Nothing in this section makes the surety liable as the principal under a bond, or makes the surety a party to any contract. 2017, c. 24, s. 56. Subrogation (5) On satisfaction of its obligation to any person under a bond to which this section applies, the surety shall be subrogated to all the rights of that person. 2017, c. 24, s. 56. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 56 - 01/07/2018 PART XII   MISCELLANEOUS RULES
86 (1) Subject to subsection (2), any order as to the costs in an action, application, motion or any other step in a proceeding under this Act is in the discretion of the court, and an order as to costs may be made against, (a)  a party to the action or motion; or (b)  a person who represented a party to the action, application or motion, where the person, (i)  knowingly participated in the preservation or perfection of a lien, or represented a party at the trial of an action, where it is clear that the claim for a lien is without foundation, is frivolous, vexatious or an abuse of process, or is for a wilfully exaggerated amount, or that the lien has expired, or (ii)  prejudiced or delayed the conduct of the action, and the order may be made on a substantial indemnity basis, including where the motion is heard by a person other than a judge or the action has been referred under section 58.  2006, c. 21, Sched. C, s. 102 (3); 2017, c. 24, s. 57, 63. Where least expensive course not taken (2) Where the least expensive course is not taken by a party, the costs allowed to the party shall not exceed what would have been incurred had the least expensive course been taken.  R.S.O. 1990, c. C.30, s. 86 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 4 (10) - 31/10/1996 2006, c. 21, Sched. C, s. 102 (3) - 01/05/2007 2017, c. 24, s. 57 (1-3) - 01/07/2018; 2017, c. 24, s. 63
- 12/12/2017
87 (1) Except where otherwise ordered by the court, all documents and notices required to be given or that may be given under this Act, may be served in any manner permitted under the rules of court or, in the alternative, may be sent by certified or registered mail addressed to the intended recipient at the recipient’s last known mailing address, (a)  according to the records of the person sending the document; or (b)  as stated on the most recently registered instrument identifying the recipient as a person having an interest in the premises.  R.S.O. 1990, c. C.30, s. 87 (1); 2017, c. 24, s. 70. Exception, written notice of lien (1.1) Despite subsection (1), a written notice of lien shall be served in a manner permitted under the rules of court for service of an originating process. 2017, c. 24, s. 58. Claim for lien to municipality (1.2) If the regulations so provide, a copy of a claim for lien shall, despite subsection (1), be given to the clerk of a municipality under subsection 34 (3.1) electronically in accordance with the regulations. 2017, c. 24, s. 58. When document deemed received (2) In the absence of evidence to the contrary, a document or notice sent to a person by certified or registered mail shall be deemed to have been received by the person on the fifth day following the date on which it was mailed, exclusive of Saturdays and holidays.  R.S.O. 1990, c. C.30, s. 87 (2). Date of mailing (3) Where a document or notice is sent by registered mail, the date appearing on the postal registration receipt shall be deemed conclusively to be the date of mailing.  R.S.O. 1990, c. C.30, s. 87 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 58 - 01/07/2018; 2017, c. 24, s. 70
- 12/12/2017 Financial Administration Act 87.1 If a ministry or specified public entity, as defined in the Financial Administration Act, is liable to pay interest under this Act, the payment of the interest is deemed to have been authorized and directed by the Treasury Board under section 11.4.1 of that Act. 2017, c. 24, s. 59. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 59 - 01/07/2018 Courts of Justice Act 87.2 In the event of a conflict between this Act and the Courts of Justice Act, this Act prevails to the extent of the conflict. 2017, c. 24, s. 60. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 60 - 01/07/2018 Transition
87.1 If a ministry or specified public entity, as defined in the Financial Administration Act, is liable to pay interest under this Act, the payment of the interest is deemed to have been authorized and directed by the Treasury Board under section 11.4.1 of that Act. 2017, c. 24, s. 59. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 59 - 01/07/2018 Courts of Justice Act 87.2 In the event of a conflict between this Act and the Courts of Justice Act, this Act prevails to the extent of the conflict. 2017, c. 24, s. 60. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 60 - 01/07/2018 Transition
87.2 In the event of a conflict between this Act and the Courts of Justice Act, this Act prevails to the extent of the conflict. 2017, c. 24, s. 60. Section Amendments with date in force (d/m/y) 2017, c. 24, s. 60 - 01/07/2018 Transition
87.3 (1) This Act and the regulations, as they read on June 29, 2018, continue to apply with respect to an improvement if, (a)  a contract for the improvement was entered into before July 1, 2018; (b)  a procurement process for the improvement was commenced before July 1, 2018 by the owner of the premises; or (c)  in the case of a premises that is subject to a leasehold interest that was first entered into before July 1, 2018, a contract for the improvement was entered into or a procurement process for the improvement was commenced on or after July 1, 2018 and before the day subsection 19 (1) of Schedule 8 to the Restoring Trust, Transparency and Accountability Act, 2018 came into force. 2018, c. 17, Sched. 8, s. 19 (1). Same (2) For greater certainty, clauses (1) (a) and (c) apply regardless of when any subcontract under the contract was entered into. 2018, c. 17, Sched. 8, s. 19 (1). Exception, municipal interest in premises (3) Despite subsection (1), the amendments made to this Act by subsections 13 (4), 14 (4) and 29 (2) and (4) of the Construction Lien Amendment Act, 2017 apply with respect to an improvement to a premises in which a municipality has an interest, even if a contract for the improvement was entered into or a procurement process for the improvement was commenced before July 1, 2018. 2018, c. 17, Sched. 8, s. 19 (2). Non-application of Parts I.1 and II.1 (4) Parts I.1 and II.1 do not apply with respect to the following contracts and subcontracts: 1.  A contract entered into before the day subsection 11 (1) of the Construction Lien Amendment Act, 2017
came into force. 2.  A contract entered into on or after the day subsection 11 (1) of the Construction Lien Amendment Act, 2017
came into force, if a procurement process for the improvement that is the subject of the contract was commenced before that day by the owner of the premises. 3.  A subcontract made under a contract referred to in paragraph 1 or 2. 2018, c. 17, Sched. 8, s. 19 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 61 (1) - 01/07/2018; 2017, c. 24, s. 61 (2)
- no effect - see 2018, c. 17, Sched. 8, s. 19 (1) - 06/12/2018 2018, c. 17, Sched. 8, s. 19 (1) - 06/12/2018; 2018, c. 17, Sched. 8, s. 19 (2, 3) - 01/10/2019