On January 1, 2026, several anticipated amendments to the Construction Act of Ontario (“CA”) came into effect including in respect of adjudication, proper invoices, and a new mandatory annual holdback release. A lesser talked about amendment has, for the first time since 2018,[1] expanded lien rights under the CA by creating a rebuttable presumption that those who supply pre-construction design services (“Design Professionals”) to a project before construction begins, can make a lien claim if an owner retains a holdback for their services.
Design Professionals contribute significant value to a project before shovels even hit the ground. They create blueprints that guide development and help owners obtain building permits and other approvals.[2] They also often work like general contractors do as they may subcontract consultants and other professionals for their expertise when designing.[3]
Despite the value of the work that they provide, prior to January 2026, Design Professionals did not have express lien rights under the CA. Architects were the only professionals with lien rights under the CA. This gap in the legislation meant that, upon a narrow reading of the CA, a design consultant that performed work on a project did not have an automatic right to lien a property for their work if they did not get paid.