Status of construction and related legislation

  • March 16, 2021

Alberta

Status of Construction (emergency service, partial or full shutdown)

No shutdown

Status of Limitation Periods and Courts 

On May 27, 2020, Alberta announced that Ministerial Order 27/2020 suspending limitation periods to June 1 will not be extended. The limitation periods and time periods affected by the order will resume running on June 1, 2020.

Other Notes

Increased safety and health requirements

British Columbia

Status of Construction (emergency service, partial or full shutdown)

No shutdown

Status of Limitation Periods and Courts 

On April 8, 2020, BC rescinded its original order extending limitation periods, effective April 15, and issued a new suspension order confirming that the suspension does not apply to any time limitation periods or time periods under the Builders Lien Act.  

The Limitation Periods (COVID_19) Order no. 2 came into effect on April 15, 2020. The original order was issued on March 26, 2020. On December 21, 2020, Order in Council 655/2020 was made which provides that, effective March 25, 2021, the suspension of every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim, or appeal must be commenced in the Provincial Court, Supreme Court, or Court of Appeal will end.. There is no transition or grace period after March 25, 2021. March 25, 2021 is the one year anniversary from the date the first ministerial order suspending limitation periods (Ministerial Order M086) was made on March 26, 2020.  Accordingly, in calculating the end date of an applicable limitation period or other time period, the days on which the applicable provisions were in force are not counted.

On May 29, 2020, filing and service timelines in the BC Supreme Court that were suspended on March 18, 2020 began to run.

On July 10, 2020 the COVID-19 Related Measures Act came into force, continuing the suspension of limitation periods to commence proceedings. On August 4, 2020, the COVID-19 (Limitation Periods in Court Proceedings) Regulation amended the COVID-19 Related Measures Act to clarify the extension of limitation periods to commence a civil action, proceeding or claim and appeals after the Provincial State of Emergency Expires or is cancelled.

On September 14, 2020, filing and service timelines in the BC Court of Appeal that were suspended on March 18, 2020 began to run.

BC Supreme Court and Court of Appeal registries are open for filing. Counsel must electronically file in the BC Court of Appeal and e-filing is preferred for the BC Supreme Court. 

The BC Supreme Court and Court of Appeal are operating with the use of both remote and in-person processes. 

Other Notes

Construction sites can remain open if they can follow Public Health Officer directives on social distancing, handwashing, etc.

Manitoba

Status of Construction (emergency service, partial or full shutdown)

No shutdown

Status of Limitation Periods and Courts 

No change to limitation periods and Registrar remains open, but counsel is directed to only file essential court documents. 

Currently not expecting any changes to lien and holdback period.

Manitoba court closure extended to May 25th.  

COVID-19 SUSPENSION AND RESTRICTION OF HEARINGS 

See all MB courts

Other Notes

Increased health and safety

Imminent court directive extending court closures beyond April 17, 2020

New Brunswick

Status of Construction (emergency service, partial or full shutdown)

No shutdown, people are abiding by social distancing protocols and using personal protective equipment as much as possible.

Status of Limitation Periods and Courts 

Limitation periods are now running again.

Other Notes

Courts are only accepting original filings.

Courts are also completely re-opened now but pre-screenings are done to limit the number of attendees present.

Newfoundland & Labrador

Status of Construction (emergency service, partial or full shutdown)

No shutdown

Status of Limitation Periods and Courts 

Temporary legislation allowing for deadlines or time periods in legislation to be extended for a period not exceeding 6 months. See Temporary Variation of Statutory Deadlines Act 

At present there are no regulations in effect extending statutory deadlines, however this should be checked regularly. Amendments to the Public Procurement Regulations pursuant to the Public Procurement Act updated procurement threshold values before triggering application of the Act, including for engineering and architectural services until March 31, 2021, and, except where contrary to a trade agreement, apply a deemed reduction to the bid price of a “provincial supplier” for the purpose of bid evaluation.

Supreme Court of Newfoundland and Labrador
Court of Appeal for Newfoundland and Labrador

Other Notes

Increased health and safety requirements

See NL Notice on COVID-19 and the Construction Industry

See Risk-Informed-Decision-Making-Guidance-for-Construction Sites During COVID-19

Northwest Territories

Status of Construction (emergency service, partial or full shutdown)

See NWT and Nunavut Construction Association

Some limitations on travel and uncertainty on what is considered “essential capital projects”

Status of Limitation Periods and Courts 

See NWT courts

Nova Scotia

Status of Construction (emergency service, partial or full shutdown)

No shutdown

Status of Limitation Periods and Courts 

Limitation periods not suspended. See all NS Courts.

Other Notes

Nunavut

Status of Construction (emergency service, partial or full shutdown)

See NWT and Nunavut Construction Association

Some limitations on travel and uncertainty on what is considered “essential capital projects”

Status of Limitation Periods and Courts 

See NWT courts

Ontario

Status of Construction (emergency service, partial or full shutdown)

All construction activities or projects and related services that support construction activities or projects, including demolition services resumed and essential workplace limits were lifted on May 19, 2020.

Status of Limitation Periods and Courts 

O. Reg. 457/20: All limitation and procedural time periods suspended under O. Reg. 73/20 resumed running on Monday, September 14, 2020. Limitation and procedural time periods that were suspended starting Monday, March 16, 2020 and that resumed running on Monday, September 14, 2020 were suspended for 26 weeks. 
For up-to-date court procedures during the emergency, see:
•    Small Claims Court; Superior Court of Justice and Divisional Court
•    Ontario Court of Justice
•    Ontario Court of Appeal

Other Notes

Public health protocol on sites and inspections occurring

Courts reduced to urgent matters only and consulting with industry stakeholders about what is an emergency

Prince Edward Island

Status of Construction (emergency service, partial or full shutdown)

Current construction projects have been declared an essential service

Status of Limitation Periods and Courts 

Limitation periods not suspended  

See all PEI courts

Other Notes

PEI Courts are open for filing purposes, but all non-essential matters are not scheduled for hearings. Real Property Registries are open for filing, but with strict limitations.

Quebec

Status of Construction (emergency service, partial or full shutdown)

Construction limited to essential activities on high risk infrastructure (e.g. dams, management of hazardous and radioactive waste, etc.) and emergency/safety repairs.

Status of Limitation Periods and Courts 

Limitation Period suspended (see Quebec Order

Saskatchewan

Status of Construction (emergency service, partial or full shutdown)

No shutdown

Status of Limitation Periods and Courts 

No limitation period suspension

See SK Court Notice Covid-19-update

Other Notes

Civil Chamber’s matters are being regularly scheduled in accordance with the Court’s usual “pre-COVID-19” schedule. However, all Chambers matters, unless specifically directed by the Court, are to be held by way of telephone or video conference. 

Civil trials are also being held as most courthouses have implemented a number of COVID-19 measures (ex. plexiglass in court rooms) with judges also more amenable to hear evidence by way of video conference. 

Yukon

Status of Construction (emergency service, partial or full shutdown)

See Yukon Contractors Association

No mention of any changes.

Status of Limitation Periods and Courts 

See all Yukon courts