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Notice of Non-Payment (Construction) Template
A Notice of Non-Payment is the formal statutory notice from an Owner (or a General Contractor) to the next party down the construction pyramid stating that the recipient's Proper Invoice will not be paid in whole or in part. Our free Canadian template is drafted to satisfy the strict 14-day notice window under Ontario Construction Act s.6.4(2) (post-1 January 2026 amendments), Alberta PPCLA s.32.2, and Saskatchewan Prompt Payment Construction Act, 2024, with optional Expert add-ons for the statutory compliance schedule, the itemised setoff particulars, the ODACC / ARCANA adjudication referral, and the lien preservation reminder.
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180 Lake Shore Holdings Ltd.
180 Lake Shore Boulevard East, Suite 1500, Toronto, ON M5A 3X7
+1 (416) 555-0190
projects@lakeshore-holdings.ca
2026-06-15
Maplewood Construction Group Inc.
4500 Dixie Road, Suite 600, Mississauga, ON L4W 4Y4
RE
NOTICE OF NON-PAYMENT — PROPER INVOICE INV-2026-0142
Dear Maplewood Construction Group Inc.,
This letter, dated 2026-06-15, serves as the formal Notice of Non-Payment from the Owner of the project to the General Contractor concerning the 180 Lake Shore Restaurant Build-Out project located at 180 Lake Shore Boulevard East, Unit 100, Toronto, ON M5A 3X7, in the Province of Ontario, under the prime contract dated 2026-02-15 (original contract value 850,000.00 CAD). This Notice is given in accordance with the Construction Act, R.S.O. 1990, c. C.30 (as substantially amended by Bills 216 and 60 with major changes in force from 1 January 2026), within the statutory 14-day window after receipt of the Proper Invoice identified below.
This letter, dated 2026-06-15, serves as the formal Notice of Non-Payment from the Owner of the project to the General Contractor concerning the 180 Lake Shore Restaurant Build-Out project located at 180 Lake Shore Boulevard East, Unit 100, Toronto, ON M5A 3X7, in the Province of Ontario, under the prime contract dated 2026-02-15 (original contract value 850,000.00 CAD). This Notice is given in accordance with the Construction Act, R.S.O. 1990, c. C.30 (as substantially amended by Bills 216 and 60 with major changes in force from 1 January 2026), within the statutory 14-day window after receipt of the Proper Invoice identified below.
1.
PROPER INVOICE IDENTIFICATION
This Notice relates to Proper Invoice INV-2026-0142, dated 2026-06-01, received by the Owner of the project on 2026-06-02, in the gross amount of 125,000.00 CAD for the work period May 2026 progress draw (cumulative work to 31 May 2026).
The statutory 14-day Notice of Non-Payment window expires on the 14th day after receipt of the Proper Invoice. This Notice is given within that window.
The statutory 14-day Notice of Non-Payment window expires on the 14th day after receipt of the Proper Invoice. This Notice is given within that window.
2.
AMOUNT BEING PAID AND AMOUNT BEING WITHHELD
Of the Proper Invoice amount of 125,000.00 CAD:
Amount being paid: 85,000.00 CAD, payable within the statutory 28-day prompt-payment window from receipt of the Proper Invoice (the "Undisputed Portion").
Amount being withheld: 40,000.00 CAD (the "Disputed Portion"). The Disputed Portion is the subject of this Notice of Non-Payment.
Amount being paid: 85,000.00 CAD, payable within the statutory 28-day prompt-payment window from receipt of the Proper Invoice (the "Undisputed Portion").
Amount being withheld: 40,000.00 CAD (the "Disputed Portion"). The Disputed Portion is the subject of this Notice of Non-Payment.
3.
REASON FOR NON-PAYMENT
The Disputed Portion is being withheld for the following reason(s):
Defective electrical work on Unit 4 (Toronto Hydro inspection failed on 5 June 2026 — failure to comply with Ontario Electrical Safety Code, Section 26 outlet spacing requirements).
Cost to rectify estimated at CAD 35,000 (independent quote from McKenna Electric dated 8 June 2026).
Project schedule delay damages of CAD 5,000 (4 days of delay to Restaurant opening at the rate of CAD 1,250/day per Article 16 of the prime contract liquidated damages clause).
For the Recipient's information, the prompt-payment regime in the Construction Act, R.S.O. 1990, c. C.30 (as substantially amended by Bills 216 and 60 with major changes in force from 1 January 2026) requires the reasons for non-payment to be sufficiently particularised to allow the Recipient to address each item and (if appropriate) refer the dispute to adjudication.
Defective electrical work on Unit 4 (Toronto Hydro inspection failed on 5 June 2026 — failure to comply with Ontario Electrical Safety Code, Section 26 outlet spacing requirements).
Cost to rectify estimated at CAD 35,000 (independent quote from McKenna Electric dated 8 June 2026).
Project schedule delay damages of CAD 5,000 (4 days of delay to Restaurant opening at the rate of CAD 1,250/day per Article 16 of the prime contract liquidated damages clause).
For the Recipient's information, the prompt-payment regime in the Construction Act, R.S.O. 1990, c. C.30 (as substantially amended by Bills 216 and 60 with major changes in force from 1 January 2026) requires the reasons for non-payment to be sufficiently particularised to allow the Recipient to address each item and (if appropriate) refer the dispute to adjudication.
4.
STATUTORY COMPLIANCE SCHEDULE
For the avoidance of doubt, this Notice is given in compliance with the Construction Act, R.S.O. 1990, c. C.30 (as substantially amended by Bills 216 and 60 with major changes in force from 1 January 2026):
Section 6.1 — defines "Proper Invoice" and contains the deeming rule under which the invoice is treated as proper unless the Owner gave written notice of deficiency within 7 days of receipt (introduced 1 January 2026).
Section 6.4(1) — the Owner must pay the Proper Invoice within 28 days of receipt.
Section 6.4(2) — if the Owner does not pay the Proper Invoice in whole or in part, the Owner must give the Contractor a Notice of Non-Payment no later than 14 days after receipt of the Proper Invoice. Failure to give the Notice within the 14-day window obligates the Owner to pay the entire Proper Invoice amount.
Section 6.5 — Contractor cascade: the Contractor must pay each Subcontractor within 7 days of receiving payment from the Owner under the Proper Invoice.
Section 13.5 and Ontario Regulation 264/25 section 19(1) — either party may refer the Disputed Portion to adjudication, including a dispute that is the subject of a Notice of Non-Payment under Part I.1.
Additional statutory notes:
The Owner has paid the undisputed portion of CAD 85,000 within the 28-day prompt-payment window and is giving this Notice of Non-Payment within the 14-day window required by section 6.4(2) of the Construction Act.
Proper Invoice deeming rule (Ontario, post-2026). Effective 1 January 2026, under section 6.1 of the Construction Act an invoice that does not meet the Proper Invoice requirements is DEEMED to be a Proper Invoice unless the Owner gives the Contractor written notice of the deficiency within 7 days of receipt, identifying the deficiency and what is required to address it. The Sender confirms that no deficiency notice was given within the 7-day window, with the result that the invoice qualifies as a Proper Invoice for the purposes of the 28-day payment and 14-day notice deadlines.
Section 6.1 — defines "Proper Invoice" and contains the deeming rule under which the invoice is treated as proper unless the Owner gave written notice of deficiency within 7 days of receipt (introduced 1 January 2026).
Section 6.4(1) — the Owner must pay the Proper Invoice within 28 days of receipt.
Section 6.4(2) — if the Owner does not pay the Proper Invoice in whole or in part, the Owner must give the Contractor a Notice of Non-Payment no later than 14 days after receipt of the Proper Invoice. Failure to give the Notice within the 14-day window obligates the Owner to pay the entire Proper Invoice amount.
Section 6.5 — Contractor cascade: the Contractor must pay each Subcontractor within 7 days of receiving payment from the Owner under the Proper Invoice.
Section 13.5 and Ontario Regulation 264/25 section 19(1) — either party may refer the Disputed Portion to adjudication, including a dispute that is the subject of a Notice of Non-Payment under Part I.1.
Additional statutory notes:
The Owner has paid the undisputed portion of CAD 85,000 within the 28-day prompt-payment window and is giving this Notice of Non-Payment within the 14-day window required by section 6.4(2) of the Construction Act.
Proper Invoice deeming rule (Ontario, post-2026). Effective 1 January 2026, under section 6.1 of the Construction Act an invoice that does not meet the Proper Invoice requirements is DEEMED to be a Proper Invoice unless the Owner gives the Contractor written notice of the deficiency within 7 days of receipt, identifying the deficiency and what is required to address it. The Sender confirms that no deficiency notice was given within the 7-day window, with the result that the invoice qualifies as a Proper Invoice for the purposes of the 28-day payment and 14-day notice deadlines.
5.
SETOFF PARTICULARS
The Disputed Portion of 40,000.00 CAD comprises the following itemised setoff:
(1) Cost to rectify defective electrical work in Unit 4 — 35,000.00 CAD
Toronto Hydro inspection failed on 5 June 2026 — failure to meet Ontario Electrical Safety Code Section 26 outlet spacing requirements. Independent rectification quote from McKenna Electric Ltd. dated 8 June 2026.
(2) Project schedule delay damages — 5,000.00 CAD
4 days of delay to Restaurant opening (6, 7, 8, 9 June 2026) at the rate of CAD 1,250/day per Article 16 of the prime contract liquidated damages clause.
Supporting evidence available on request:
Toronto Hydro inspection report dated 5 June 2026 (Report TPH-2026-INSP-4471).
Independent electrical rectification quote from McKenna Electric Ltd. dated 8 June 2026 (Quote MCK-2026-1083).
Project Manager incident log entries #2026-PM-178 and #2026-PM-181.
Written complaint from Restaurant Tenant (BlackTie Hospitality Ltd.) dated 10 June 2026 confirming 4-day opening delay.
Photographs of defective electrical installation in Unit 4 (Owner's site visit 5 June 2026).
The Sender reserves the right to particularise the setoff further at adjudication or at any court hearing arising out of this matter.
(1) Cost to rectify defective electrical work in Unit 4 — 35,000.00 CAD
Toronto Hydro inspection failed on 5 June 2026 — failure to meet Ontario Electrical Safety Code Section 26 outlet spacing requirements. Independent rectification quote from McKenna Electric Ltd. dated 8 June 2026.
(2) Project schedule delay damages — 5,000.00 CAD
4 days of delay to Restaurant opening (6, 7, 8, 9 June 2026) at the rate of CAD 1,250/day per Article 16 of the prime contract liquidated damages clause.
Supporting evidence available on request:
Toronto Hydro inspection report dated 5 June 2026 (Report TPH-2026-INSP-4471).
Independent electrical rectification quote from McKenna Electric Ltd. dated 8 June 2026 (Quote MCK-2026-1083).
Project Manager incident log entries #2026-PM-178 and #2026-PM-181.
Written complaint from Restaurant Tenant (BlackTie Hospitality Ltd.) dated 10 June 2026 confirming 4-day opening delay.
Photographs of defective electrical installation in Unit 4 (Owner's site visit 5 June 2026).
The Sender reserves the right to particularise the setoff further at adjudication or at any court hearing arising out of this matter.
6.
NOTICE OF INTENT TO REFER TO ADJUDICATION
The Sender hereby gives formal notice of its intent to refer the Disputed Portion of 40,000.00 CAD to adjudication before the Ontario Dispute Adjudication for Construction Contracts (ODACC) — odacc.ca if the dispute is not resolved through good-faith discussions within 7 day(s) of the date of this Notice.
Adjudication framework. Adjudication is a fast, binding (subject to appeal in narrow circumstances), final-decision mechanism specifically designed for construction-payment disputes under the provincial prompt-payment regime. Under the Ontario Construction Act section 13.5 and Ontario Regulation 264/25 section 19(1), the prescribed matters that may be referred to adjudication expressly include a dispute that is the subject of a Notice of Non-Payment under Part I.1.
Time-limit for commencement. Either party must commence the adjudication no later than 90 days after the contract is completed, terminated or abandoned (Ontario; equivalent windows in Alberta and Saskatchewan).
Cost. The cost of the adjudication is determined by the Ontario Dispute Adjudication for Construction Contracts (ODACC) — odacc.ca schedules and is typically a fraction of the cost of court litigation. The Sender invites the Recipient to engage in good-faith discussions in the interim to avoid the cost and time of adjudication.
Adjudication framework. Adjudication is a fast, binding (subject to appeal in narrow circumstances), final-decision mechanism specifically designed for construction-payment disputes under the provincial prompt-payment regime. Under the Ontario Construction Act section 13.5 and Ontario Regulation 264/25 section 19(1), the prescribed matters that may be referred to adjudication expressly include a dispute that is the subject of a Notice of Non-Payment under Part I.1.
Time-limit for commencement. Either party must commence the adjudication no later than 90 days after the contract is completed, terminated or abandoned (Ontario; equivalent windows in Alberta and Saskatchewan).
Cost. The cost of the adjudication is determined by the Ontario Dispute Adjudication for Construction Contracts (ODACC) — odacc.ca schedules and is typically a fraction of the cost of court litigation. The Sender invites the Recipient to engage in good-faith discussions in the interim to avoid the cost and time of adjudication.
7.
LIEN PRESERVATION REMINDER
For the Recipient's information, the lien-preservation timeline under the Construction Act, R.S.O. 1990, c. C.30 (as substantially amended by Bills 216 and 60 with major changes in force from 1 January 2026) is as follows:
60-day preservation window from the earliest of: (a) publication of the certificate of substantial performance; (b) completion, abandonment or termination of the contract; or (c) the date of last supply of services or materials. After the preservation window, the lien is expired and cannot be re-asserted (Bill 60 amendments effective 1 January 2026 separated lien expiry from annual holdback release).
If the Recipient intends to preserve a lien for the Disputed Portion, the lien must be preserved by registration under the applicable Provincial Land Titles or Land Registration Act within the 60-day window from the relevant trigger event. The Sender is not waiving and does not waive any rights against the Recipient's lien claim or against any holdback funds (which remain subject to the Sender's statutory trust obligations).
60-day preservation window from the earliest of: (a) publication of the certificate of substantial performance; (b) completion, abandonment or termination of the contract; or (c) the date of last supply of services or materials. After the preservation window, the lien is expired and cannot be re-asserted (Bill 60 amendments effective 1 January 2026 separated lien expiry from annual holdback release).
If the Recipient intends to preserve a lien for the Disputed Portion, the lien must be preserved by registration under the applicable Provincial Land Titles or Land Registration Act within the 60-day window from the relevant trigger event. The Sender is not waiving and does not waive any rights against the Recipient's lien claim or against any holdback funds (which remain subject to the Sender's statutory trust obligations).
8.
CONTACT AND NEXT STEPS
For any questions about this Notice or to discuss the Disputed Portion in good faith, please contact Diana Khaledi by telephone at +1 (416) 555-0190 or by email at projects@lakeshore-holdings.ca.
The Sender expects to receive a written response from the Recipient within 7 day(s), confirming receipt of this Notice and the Recipient's position on the Disputed Portion.
Copy to:
Reza Farhadi, CFO — Maplewood Construction Group Inc.
Hannah Reilly, Project Manager — Maplewood Construction Group Inc.
Marcus Brooks, Principal — Brooks Architects Inc. (Project Architect)
The Sender expects to receive a written response from the Recipient within 7 day(s), confirming receipt of this Notice and the Recipient's position on the Disputed Portion.
Copy to:
Reza Farhadi, CFO — Maplewood Construction Group Inc.
Hannah Reilly, Project Manager — Maplewood Construction Group Inc.
Marcus Brooks, Principal — Brooks Architects Inc. (Project Architect)
SINCERELY,
Diana Khaledi
Director of Capital Projects, for and on behalf of 180 Lake Shore Holdings Ltd.
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Notice of Non-Payment?
A Notice of Non-Payment is the formal statutory notice required under the provincial prompt-payment construction legislation when a payer (Owner, General Contractor, or Construction Manager) wishes to withhold all or part of the amount stated on a Proper Invoice received from the next party down the construction pyramid. Without the Notice within the statutory 14-day window, the payer is obligated to pay the entire Proper Invoice amount — even where the underlying work was defective.
In Ontario, the Construction Act was substantially amended by Bills 216 and 60 with major changes effective 1 January 2026. Under the post-2026 regime: the Owner must pay a Proper Invoice within 28 days of receipt (section 6.4(1)); if the Owner does not pay in whole or in part, the Owner must give the Contractor a Notice of Non-Payment within 14 days of receipt (section 6.4(2)); failure to give the Notice within the 14-day window obligates the Owner to pay the entire Proper Invoice. The 2026 amendments also introduced a Proper Invoice DEEMING rule under section 6.1: an invoice is deemed to be a Proper Invoice unless the Owner gives a written notice of deficiency within 7 days of receipt.
Either party may refer the Disputed Portion to adjudication under section 13.5 and Ontario Regulation 264/25 section 19(1), which expressly identifies Notice of Non-Payment disputes as a prescribed matter for adjudication. The Ontario adjudication body is the Ontario Dispute Adjudication for Construction Contracts (ODACC). Adjudication delivers a binding determination within roughly 30 days, typically at 5-10% of the cost of court litigation.
What's Covered in This Template
Our Notice of Non-Payment template covers every element a Canadian construction-law practitioner would expect.
Sender Letterhead
Sender legal name, address, phone, email, role (Owner / GC / Construction Manager), signatory name and title.
Recipient Identification
Recipient legal name, address, role (GC / Subcontractor / Sub-Subcontractor).
Project & Contract Identification
Project name, site address, governing province, prime contract date, original contract value.
Proper Invoice Particulars
Invoice number, invoice date, date received by Sender (the 14-day clock starts here), Proper Invoice amount, work period covered.
Amount Being Paid + Amount Being Withheld
Undisputed portion (payable within the 28-day prompt-payment window) and Disputed Portion (subject of this Notice).
Particularised Reasons for Withholding
Specific dated reasons for non-payment — defective work, scope dispute, deficient documentation, prior lien claim, setoff against deficiencies.
Statutory Compliance Schedule (Expert)
Province-specific section references — ON s.6.1 / s.6.4(1) / s.6.4(2) / s.6.5 / s.13.5; AB s.32.1 / s.32.2 / s.33 / s.33.3; SK 2024 Act; with optional Ontario 1 January 2026 Proper Invoice deeming-rule note.
Itemised Setoff Particulars (Expert)
Line items + amounts + rationale + supporting evidence — turns the Notice from a bare assertion into an adjudication-ready record.
Notice of Intent to Refer to Adjudication (Expert)
Formal notice triggering ODACC (Ontario) / ARCANA (Alberta) adjudication referral with the 90-day commencement window.
Lien Preservation Reminder (Expert)
Province-specific lien preservation window (60 days Ontario / Alberta / Nova Scotia / NB; 45 days BC; 40 days SK / Manitoba) with substantial performance and last supply dates.
How to Create Your Notice of Non-Payment
Follow these steps to draft a Notice that satisfies the strict statutory timing and procedural requirements under the provincial prompt-payment regime.
- 1
Identify the Proper Invoice Precisely
Invoice number, invoice date, date received by Sender. The 14-day Notice window runs from the date the Sender received the Proper Invoice — not from the invoice date itself.
- 2
Calculate the 14-Day Deadline
The 14-day window is calendar days, not business days. If received on 2 June, the Notice must be given by 16 June. Missing the deadline by even one day obligates the Sender to pay the entire Proper Invoice.
- 3
Identify the Undisputed Portion
The Sender must still pay the undisputed portion of the Proper Invoice within the 28-day prompt-payment window. The Disputed Portion is the only amount withheld and subject of this Notice.
- 4
Particularise Each Reason for Withholding
Each item being withheld should be separately identified with the amount attributable, the rationale, and (where possible) supporting evidence (inspection reports, third-party quotes, photographs).
- 5
Add the Statutory Compliance Schedule (Expert)
Documents the procedural compliance — cites the specific province-specific Construction Act sections, the deeming rule (Ontario post-2026), and pre-empts the most common defensive argument that the Notice was procedurally defective.
- 6
Add the Itemised Setoff Particulars (Expert)
Converts the Notice from a bare assertion into an adjudication-ready evidentiary record. Each line item should be supported by documents (inspection reports, third-party quotes, photographs, witness statements).
- 7
Add the Adjudication Notice (Expert)
Gives formal notice of intent to refer the Disputed Portion to ODACC (Ontario) or ARCANA (Alberta) if the dispute is not resolved within the good-faith discussion window. Triggers the Recipient's incentive to engage in pre-adjudication discussions.
- 8
Serve the Notice by the Statutory Method
Each province specifies the methods of service. Ontario Construction Act section 7 permits service by personal delivery, registered mail, courier, electronic transmission (where the contract so provides), and any other prescribed method. Keep proof of service.
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Legal Considerations
The provincial prompt-payment construction legislation is detailed and the timing requirements are strict.
This template is for informational purposes only and does not constitute legal advice. Construction prompt-payment disputes have significant financial and lien-preservation consequences. Consult a qualified Canadian construction lawyer in your jurisdiction for advice specific to your situation, particularly where: the disputed amount exceeds CAD 100,000; the project is in a regulated sector (public infrastructure, federal works); the Notice will trigger an adjudication referral; or lien preservation deadlines are approaching.
Reviewed for Canadian construction-prompt-payment requirements
Ontario Construction Act — Post-2026 Regime
The Ontario Construction Act, R.S.O. 1990, c. C.30 was substantially amended by Bills 216 and 60 with major changes effective 1 January 2026. Key sections: section 6.1 defines Proper Invoice and contains the new 7-day deeming rule (an invoice is deemed to be a Proper Invoice unless the Owner gives written notice of deficiency within 7 days of receipt). Section 6.4(1) requires the Owner to pay the Proper Invoice within 28 days of receipt. Section 6.4(2) requires the Owner to give the Contractor a Notice of Non-Payment within 14 days of receipt if the Owner does not pay in whole or in part. Failure means the Owner is obligated to pay the entire Proper Invoice. Section 6.5 contains the Contractor cascade (must pay Subcontractors within 7 days of receiving payment from Owner). Section 6.6 contains the Subcontractor cascade. Section 13.5 + Ontario Regulation 264/25 section 19(1) provide for adjudication of disputes including Notice of Non-Payment disputes.
Ontario Adjudication — ODACC
The Ontario Dispute Adjudication for Construction Contracts (ODACC) is the adjudication body for Ontario construction-prompt-payment disputes (odacc.ca). Adjudication must be commenced no later than 90 days after the contract is completed, terminated or abandoned, unless the parties agree otherwise. Section 19(1) of Ontario Regulation 264/25 prescribes matters for adjudication including: the valuation of services or materials; payment under the contract (including in respect of a change order); a dispute that is the subject of a Notice of Non-Payment under Part I.1; and payment of a holdback under section 26. Adjudicator fees are set on a sliding scale based on the disputed amount; total cost is typically 5-10% of court-litigation cost.
Alberta — PPCLA + ARCANA
The Alberta Prompt Payment and Construction Lien Act, R.S.A. 2000, c. P-26.4 (PPCLA) establishes the Alberta prompt-payment regime. The Owner must pay a Proper Invoice within 28 days of receipt (section 32.1). If the Owner disputes the invoice in whole or in part, the Owner must issue a Notice of Dispute within 14 days of receipt of the Proper Invoice (section 32.2). Cascade payment obligations apply for Contractors and Subcontractors (section 33). Adjudication is provided by the ADR Institute of Alberta's Adjudication Roster for Construction in Alberta (ARCANA — adralberta.com/prompt-payment). The Alberta regime is materially similar to the Ontario regime, with some procedural differences.
Saskatchewan — Prompt Payment Construction Act, 2024
The Saskatchewan Prompt Payment Construction Act, S.S. 2024, c. 22 establishes the Saskatchewan prompt-payment regime with 28-day owner payment, 14-day notice of non-payment, cascade payment obligations, and adjudication. The Saskatchewan regime came into force in 2025 and applies to construction contracts entered into thereafter.
British Columbia — No Prompt-Payment Scheme
British Columbia has no enacted prompt-payment legislation as at June 2026. Payment disputes are governed by the contractual rights of the parties under the prime contract, the common law of contract (including the doctrines of set-off and abatement), and the BC Builders Lien Act, S.B.C. 1997, c. 45. The Sender of a withholding notice in BC must rely on contractual or common-law rights rather than a statutory framework. BC introduced draft prompt-payment legislation in 2023 but it has not been enacted.
Manitoba, New Brunswick, Other Provinces
Manitoba introduced prompt-payment amendments to The Builders' Liens Act in 2023 (C.C.S.M. c. B91) but the amendments are not yet fully in force. New Brunswick is studying prompt-payment legislation. Nova Scotia, Newfoundland and Labrador, and the territorial provinces continue to rely on traditional Builders' / Mechanics' Lien Acts without prompt-payment overlay. The Sender of a Notice in these provinces should consult with a local construction lawyer on the applicable timing and procedural rules.
Lien Preservation — Bill 60 Changes
Bill 60 (in force 1 January 2026) made significant changes to the Ontario lien preservation regime. Most importantly, the annual holdback release is now separated from lien expiry — contractors and subcontractors are no longer required to register liens on an annual basis to preserve their lien rights. Lien expiry remains tied to the milestones in section 31 of the Act: 60 days from publication of the certificate of substantial performance, completion, abandonment or termination of the contract, or where applicable date of last supply. The Expert Lien Preservation Reminder records the 60-day window for the Recipient's information and protects the Sender from a later "we did not know" argument.
Quebec — Excluded From This Template
Quebec is governed by the Civil Code of Québec and has no Construction Act / Builders' Lien Act equivalent. Quebec's construction-payment framework relies on contractual rights, legal hypothecs under CCQ articles 2724-2732, and a distinct procedural code. A separate Quebec-specific Notice of Non-Payment template will follow in a future sprint.
Frequently Asked Questions
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Build a province-aware, prompt-payment-compliant Notice of Non-Payment in minutes. The Free version produces a self-executing notice with Sender + Recipient + Project + Proper Invoice particulars + Amount Being Paid / Withheld + Particularised Reasons + Contact. Upgrade to Expert to add the full Statutory Compliance Schedule with province-specific section references (Ontario Construction Act s.6.1 + s.6.4(1) + s.6.4(2) + s.6.5 + s.13.5; Alberta PPCLA s.32.1 + s.32.2 + s.33 + s.33.3; Saskatchewan Prompt Payment Construction Act 2024) including the post-2026 Proper Invoice deeming rule, the itemised Setoff Particulars schedule with supporting evidence, the formal Notice of Intent to Refer to Adjudication (ODACC / ARCANA) with 90-day commencement window, and the Lien Preservation Reminder with the province-specific 40-60 day preservation window.
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