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Use this Application if you want to apply to a financial institution to withdraw or transfer money from your Ontario locked- in account (LIRA, LIF, or LRIF) for one of the reasons set out in Part 2A to Part 2D of the application. Please read the instructions before completing the application.
What is the purpose of the holdback?
In the construction industry, holdbacks may be inserted into contracts as a way to protect the buyer, by holding back a portion of the invoice until all the work is complete. This allows the parties to complete the project on schedule.
Is holdback mandatory in Ontario?
Subject to the amendments transition provisions, annual holdback release will soon be mandatory across all construction agreements in Ontario, payable on the anniversary of the date the contract was entered into (the Contract Anniversary Date):
How to calculate holdback?
5.5 | How much is to held back? or subcontract price. Thus, the holdback must be at least equal to 10% of the amount of any progress payments made under the contract or subcontract. If the value of work or material provided is greater than the contract or subcontract price, then 10% of that value must be retained.
What is a 10 percent holdback in Ontario?
If a lien is filed by any party, the holdback funds cannot be released until it is discharged. It is mandatory that any contract holder on a project hold back 10% of the contract amount owed. An owner will hold back 10% of the contract price from the head contractor.
declaration of last supply
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Section 22 of the Construction Act requires each payor on a construction contract to hold back 10% of the price of the services or materials as they are actually supplied under the contract until all liens that may be claimed against the holdback have expired. We call this the basic holdback.
When can Holdback be released in Ontario?
If there are no preserved or perfected liens after the lien period expires (60 days after the notice is published), the owner must release the holdback within 14 days after the expiry of the lien period.
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