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Free tool · Ontario Construction Act · Last checked September 2026

Ontario prompt payment and holdback deadline calculator

Enter the day the owner received the proper invoice and get every deadline that follows under Ontario's Construction Act: the owner's notice and payment dates, what you owe your subcontractors, and the 10% holdback. Deadlines that land on a Sunday or statutory holiday are moved forward, with the reason shown.

I am a

The date it arrived, not the date printed on the invoice.

More dates (mailed invoices, contract date)

Only if earlier than the day it was received. The 35 and 42-day fallback deadlines count from this date.

Checks whether prompt payment applies and dates the first annual holdback release.

Your deadlines

  1. Monday, April 20, 2026

    StartOwner receives your proper invoice

    Day 0. The 28-day clock runs from the day the owner receives a proper invoice, not the invoice date. Construction Act s. 6.4 (1).

  2. Monday, April 27, 2026

    OwnerLast day to flag a deficient invoice

    An invoice missing required information is deemed a proper invoice unless the owner tells you in writing, within 7 days after receiving it, what is deficient and what is needed to fix it. Construction Act s. 6.1 (2).

  3. Monday, May 4, 2026

    OwnerLast day for the owner's notice of non-payment

    To withhold any amount, the owner must give a notice of non-payment in the prescribed form (Form 1.1) within 14 days after receiving the invoice, stating the amount not being paid and all of the reasons. Construction Act s. 6.4 (2).

  4. Monday, May 11, 2026

    YouYour notice to subcontractors after an owner's notice

    If the owner gives you a notice of non-payment, you have 7 days after receiving it to give your own notice to affected subcontractors (with a copy of the owner's notice and an undertaking to refer the matter to adjudication within 21 days). Construction Act s. 6.5 (5), (7) (a).

    Assumes the owner's notice reaches you on its last permitted day, May 4, 2026.

  5. Tuesday, May 19, 2026

    OwnerOwner's payment deadline

    The owner pays the amount payable under the proper invoice, less the 10% holdback and any amount properly disputed in a notice of non-payment, no later than 28 days after receiving it. Construction Act ss. 6.2, 6.4 (1), (3).

    Holiday roll-forward: Day count ends Monday, May 18, 2026. May 18, 2026 is Victoria Day, so the deadline moves to Tuesday, May 19, 2026 (Legislation Act, 2006, s. 89 (1)).

  6. Monday, May 25, 2026

    YouIf the owner has not paid: pay subcontractors or give notice

    If the owner does not pay, you still have to pay your subcontractors no later than 35 days after you gave the proper invoice to the owner, unless by then you give them a notice of non-payment (Form 1.2 for owner non-payment, with an undertaking to refer the matter to adjudication within 21 days, or Form 1.3 if you dispute their entitlement). Construction Act s. 6.5 (4) to (7).

  7. Tuesday, May 26, 2026

    YouPay your subcontractors

    Within 7 days after you receive payment, pay each subcontractor whose work was in the invoice (from what you were paid, rateably, if the owner paid only part). Counted from the day you actually receive the money. Construction Act s. 6.5 (1) to (3).

    Assumes the owner pays on its last day, May 19, 2026. If it pays earlier, your deadline is 7 days after that.

  8. Monday, June 1, 2026

    Your subsBackstop for your subcontractors' own subs

    If a subcontractor receives nothing from you, it must still pay its own subcontractors no later than 42 days after you gave the proper invoice to the owner, unless it gives them a notice of non-payment. Construction Act s. 6.6 (4) to (8).

How the deadlines work

Ontario's prompt payment rules are in Part I.1 of the Construction Act, R.S.O. 1990, c. C.30. They have applied since October 1, 2019, and the version this calculator follows includes the amendments in force on January 1, 2026. For the full picture, including lien deadlines and adjudication, read our guide to Ontario holdbacks, prompt payment and lien deadlines.

Owner to contractor: 14 and 28 days after receipt

The owner must pay a proper invoice no later than 28 days after receiving it (section 6.4 (1)). To withhold any part, the owner has to give a notice of non-payment in the prescribed form (Form 1.1) no later than 14 days after receiving the invoice, stating the amount and all of the reasons (section 6.4 (2)). Anything not covered by the notice is still due on day 28 (section 6.4 (3)), less the 10% holdback (section 6.2).

Since January 1, 2026, an invoice that is missing required information is deemed to be a proper invoice unless the owner tells the contractor in writing, within 7 days after receiving it, what is deficient and what is needed to fix it (section 6.1 (2)). Proper invoices go out monthly unless the contract says otherwise (section 6.3 (1)), and a contract cannot make giving one conditional on prior certification or the owner's approval (section 6.3 (2)).

Contractor to subcontractor: 7 days after payment, 35 days at the latest

A contractor paid by the owner must pay each subcontractor whose work was in the invoice no later than 7 days after receiving payment (section 6.5 (1)). If the owner paid only part, the contractor pays out of what it received, rateably (section 6.5 (2) and (3)).

If the owner does not pay, the contractor must still pay its subcontractors no later than 35 days after giving the proper invoice to the owner (section 6.5 (4)), unless by then it gives them a notice of non-payment. A notice blaming the owner's non-payment must include a copy of any owner notice and an undertaking to refer the matter to adjudication no later than 21 days after giving it (section 6.5 (5)). If the owner did give a notice, the contractor's own notices are due within 7 days after receiving it (section 6.5 (7)).

Further down the chain: 7 days, 42 days at the latest

A subcontractor paying its own subcontractors follows the same pattern: 7 days after it is paid (section 6.6 (1) and (2)), and if the contractor pays it nothing, no later than 42 days after the proper invoice was given to the owner, unless it gives a notice of non-payment (section 6.6 (4) to (8)). A subcontractor can ask the contractor to confirm the date it gave the invoice to the owner (section 6.6 (10)). Late amounts carry interest at the prejudgment rate or the contract rate, whichever is higher (section 6.9).

Holdback and the annual release

Every payer retains a holdback of 10% of the price of the services or materials as actually supplied (section 22 (1)). Since January 1, 2026, the owner must publish a notice of annual release of holdback (Form 6, on a construction trade news website) no later than 14 days after each anniversary of the contract, then pay the year's accrued holdback at least 60 and no later than 74 days after publishing it (section 26 (2) to (4)). Contractors pay subcontractors within 14 days after receiving it (section 26 (5)). Preserved or perfected liens pause the release (section 26 (4)). For contracts entered into before 2026, the first release comes on the second contract anniversary after January 1, 2026 and includes everything accrued before it (section 87.4 (4)).

How holidays move a deadline

The Construction Act does not define its own holidays, so Ontario's Legislation Act, 2006 applies. The day of receipt is not counted (section 89 (5)), so day 28 is 28 calendar days later. A time limit that would expire on a holiday is extended to the next day that is not a holiday (section 89 (1)). Holidays are defined in section 88: every Sunday plus the days below. Saturday is not a holiday, so a deadline on a Saturday does not move. The August Civic Holiday and the National Day for Truth and Reconciliation are not on the list, and neither is the day after Remembrance Day when November 11 is a weekend.

2026
New Year's DayThursday, January 1, 2026
Family DayMonday, February 16, 2026
Good FridayFriday, April 3, 2026
Easter MondayMonday, April 6, 2026
Victoria DayMonday, May 18, 2026
Canada DayWednesday, July 1, 2026
Labour DayMonday, September 7, 2026
Thanksgiving DayMonday, October 12, 2026
Remembrance DayWednesday, November 11, 2026
Christmas DayFriday, December 25, 2026
Boxing DaySaturday, December 26, 2026
2027
New Year's DayFriday, January 1, 2027
Family DayMonday, February 15, 2027
Good FridayFriday, March 26, 2027
Easter MondayMonday, March 29, 2027
Victoria DayMonday, May 24, 2027
Canada DayThursday, July 1, 2027
Labour DayMonday, September 6, 2027
Thanksgiving DayMonday, October 11, 2027
Remembrance DayThursday, November 11, 2027
Christmas DaySaturday, December 25, 2027
Boxing DaySunday, December 26, 2027
Christmas holiday (following Monday, s. 88 (5))Monday, December 27, 2027

Plus every Sunday. When New Year's Day is a Sunday, the Monday is also a holiday; when July 1 is a Sunday, Canada Day is July 2; when Christmas is a Saturday or Sunday, the following Monday or Tuesday is also a holiday (section 88 (3) to (5)). Days specially proclaimed as holidays are not included.

What this calculator does not do

  • It cannot tell you whether your invoice is a proper invoice or whether a notice was given properly.
  • It assumes the owner received the invoice on the date you enter. For a mailed invoice, see the FAQ below.
  • Where a deadline depends on when someone actually pays or gives notice, it assumes they act on their last permitted day and says so.
  • It does not handle P3 project agreements, the separate holdback for finishing work, or lien deadlines. Our Construction Act guide covers lien preservation and perfection.

Frequently asked questions

When does the 28-day prompt payment clock start in Ontario?

On the day the owner receives a proper invoice. Section 6.4 (1) of the Construction Act says the owner must pay no later than 28 days after receiving the proper invoice from the contractor. The date printed on the invoice and the day you send it do not start the 28 days.

What happens if a prompt payment deadline falls on a weekend or holiday?

Under section 89 (1) of Ontario's Legislation Act, 2006, a time limit that would expire on a holiday is extended to the next day that is not a holiday. Sunday is a holiday, but Saturday is not, so a deadline that lands on a Saturday stays on that Saturday.

Which days count as holidays for Ontario deadlines?

Section 88 of the Legislation Act, 2006 lists Sundays, New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day proclaimed a holiday, plus substitute days when New Year's Day, Canada Day or Christmas falls on a weekend. The August Civic Holiday and the National Day for Truth and Reconciliation are not on the list.

How long does a general contractor have to pay a subcontractor in Ontario?

No later than 7 days after the contractor receives payment from the owner for an invoice that included the subcontractor's work. If the owner does not pay, the contractor must still pay within 35 days after giving the proper invoice to the owner, unless it gives the subcontractor a notice of non-payment by then.

What if my invoice was mailed?

The 7, 14 and 28-day clocks run from the day the owner actually receives the invoice, while the 35 and 42-day fallbacks run from the day it was given. Under section 87 (2) of the Construction Act, a document sent by certified or registered mail is deemed received on the fifth day after mailing, not counting Saturdays and holidays, unless there is evidence it arrived on a different day.

Does prompt payment apply to every Ontario construction contract?

No. It does not apply to a contract entered into before October 1, 2019, to a later contract whose procurement the owner started before that day, or to subcontracts under those contracts (section 87.3 (4)). Contracts or procurements from before July 1, 2018 stay under the older Act.

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Not legal advice

This calculator gives general information about Ontario's Construction Act. It is not legal advice and it cannot account for your contract's terms, how and when documents were actually delivered, or how a court or adjudicator might read the rules. Before you rely on a deadline, withhold payment, give a notice of non-payment or start an adjudication, confirm the dates with a construction lawyer.

Sources

Last checked September 2026. If the law changes, we update this page; see our editorial policy to report an error.