As far as surety bonds are concerned, the final regulations approved by cabinet specify that the right to adjudication under the Act will apply only to disputes under the labour and material payment bonds. We have been told by the ministry that adjudication of performance bond disputes may be considered once the current regime is established and functioning well.
Payment bond disputes are dealt with under Regulation #25 which can be accessed by CLICKING HERE. For the most part, these regulations provide clarification of terms and specific processes as they apply to the unique nature of payment bond disputes. However, Regulation 25 (6) identifies several areas of the Adjudication regime (Section 13 of the Act) which will not apply to Payment Bond disputes.
This information is provided for information purposes only and is not intended to be exhaustive or authoritative. Nothing here should be construed as legal advice and readers are urged to read the Construction Act of Ontario and supporting documentation thoroughly and consult with counsel for advice as to specific issues.