On November 6, 2024, Bill 216, Building Ontario For You Act, which made certain amendments to the Construction Act, in Ontario, received royal assent.
As part of the amendments, there were changes to certain aspects of the Construction Act, one such change included the “proper invoice” provision. In this regard, to be considered a proper invoice under the Construction Act, the invoice provided will soon need to include the following information:
The contractor’s name and address;
The date of the invoice and the period, milestone, or other contractual payment entitlement to which the invoice relates;
Information identifying the contract or other authorization under which the services or materials were supplied, such as a contract number, contract line item number, or purchase order number;
A description, including quantity where appropriate, of the services or materials that were supplied;
The amount payable for the services or materials that were supplied and the payment terms;
The name, title, mailing address, and telephone number of the person to whom payment is to be sent or if payment is to be sent to an office or department, its name, mailing address, and telephone number;
Any other information that may be prescribed.
In addition, under ss. 6.1(2) if it is the case where an invoice doesn’t meet the above-noted requirements under ss. 6.1(1), the Owner will need to notify the contractor in writing within seven (7) days after receiving the invoice and specify why the invoice is non-compliant and what information is needed to address the issue with the invoice.
For more information on your specific situation, contact us by booking a paid consultation online with us at www.bprlitigation.com or emailing us at justin@bprlitigation.com, and we would be happy to arrange an in-person or virtual consultation to assist you further.
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