When we launched Ontario Construction News in May 2019, we ended a very lont-standing (and exceptional) business monopoly in publishing Certificates of Substantial Perrformance (CSP) and other legal notices mandated by the Ontario Construction Act. It also provides some information and explanation of the role of CSPs and how and when they are issued, to help contractors, owners and others concerned with the industry toi better understand the process. However, we are not lawyers, and this site is not intended to offer legal advice.
Previously, contractors and others needing to publish these notices did not have a chocie on where they could fulfill their requirements to advertise them in an Ontario Construction Daily Newspaper. The new Ontario Construction Act allowed the publication of the newspaper to be in electronic format.
The Ontario Construction Act regulations say “construction trade newspaper” means a newspaper,
- that is published either in paper format with circulation generally throughout Ontario or in electronic format in Ontario,
- that is published at least daily on all days other than Saturdays and holidays,
- which calls for tender on construction contracts are customarily published, and
- that is primarily devoted to the publication of matters of concern to the construction industry
Another law, the Legislation Act (2006) defines "newspaper" as being required to be "printed" in "sheet format" at "regular intervals".
there is some debate about whether the Legislation Act's definition of "newspaper" needs to apply, because that law -- although it includes specific language to cover the publication of legal notices -- includes a provision that if another law or rgulation contradicts its definitions/wording, then the other law applies.
The original daily construction trade newspaper publisher, Daily Commercial News, has published legal opinions that a website with a few news articles would not qualify; Ontario Construction News has designed its publication to be published as a daily eight page PDF tabloid, with a "sheet" design with regular publishing intervals. However, it is clearly not printed (and this variation would appear not to be a problem because of the Legislation Act's override provisions, Link2Build.ca asserts that iit can follow a common law definition of an "electronic newspaper" and has published legal opinions backing that argument.
Regardless, all three publications are publishing notices now, and readers needing to research whether a notice has been published now need to check three, rather than one place to verify pubication.
This site is intended to simplify the process, because you can use a simple keyword and string and date inquiry find posted notices in all three publications,
Please note this is a resource, and there can be errors, missed listings, and technical difficulties that result in it failing to capture details about published certificates or possibly providing inaccurate information. Accordingly, for certanity, readers are encouraged to individually search all three relvant sites to be sure. We provide a link to the relevant site(s) for each pulbished certificate to help in the process.
When it comes time to publish your notices and certificates, we encourage you to consider the combination of price, convenience, reliability and compliance in making your choices. Ontario Construction News, owned by the company affiliated with this site, has set a fixed price significantly lower than the long-established construction daily newspaper, while taking the approach that we should comply as much as possible the Legislation Act (2006)'s definition of a "newspaper", except where the Ontario Construction Act uses languages that is explicitly contradictory.