Form 6 Annual Holdback Release

Form 6 Annual Holdback Release

Fast-Fact Summary

• Governing Agency: Ontario Ministry of the Attorney General / Construction Act framework
• Form, Bylaw, or Regulation: Notice of Annual Release of Holdback (Form 6); Construction Act, R.S.O. 1990, c. C.30; O. Reg. 304/18
• Effective/Current Anchor: 2026 Ontario Construction Act anchors (Bill 216 and Bill 60)
• Direct Portal or Source: https://www.ontario.ca/laws/statute/90c30

Mandatory Scope

This compliance requirement applies to owners, general contractors, and subcontractors executing construction contracts in Ontario that extend beyond one year. It is mandatory for projects where the contract explicitly provides for the annual release of holdback. The scope covers all trades, project values, and licence categories operating under such multi-year contract structures.

Deadlines & Administrative Windows

• Form 6 Publication Window: For contracts extending beyond one year, owners must publish Form 6 on an electronic construction trade news website within 14 days after each contract anniversary.
• Holdback Payment Window: Accrued basic holdback must be paid to the contractor between day 60 and day 74 after the publication of Form 6, provided no liens have been preserved.
• 7-Day Invoicing Rule: Invoices are legally deemed proper unless the owner delivers a formal written notice of deficiency within 7 days of receipt. Missing this 7-day window forfeits the right to dispute invoice layout or structure and triggers the 28-day prompt-payment timeline.
• Adjudication Extension: Parties have a strict 90-day window after contract completion, abandonment, or termination to initiate interim binding adjudication through ODACC or a qualified private adjudicator.

Financial & Legal Liability

• Non-Compliance Penalty: Failure to publish or track Form 6 can disrupt statutory holdback release and lien-risk administration. No verified statutory fine amount is specified in the source data; liability is limited to Construction Act payment administration exposure and potential breach of contract or lien claims.
• Repeal of Section 27.1: Payers can no longer publish a notice of non-payment to refuse holdback distribution for deficient or incomplete work. Holdback usage is strictly limited to formal contract abandonment or termination scenarios and preserved lien risk.
• Average WSIB Premium Rate: $1.23 per $100 of insurable payroll, down from $1.25 per $100 of insurable payroll.
• G6 Non-Residential Construction Rate: $1.61 per $100 of insurable payroll.
• 2026 Maximum Insurable Earnings Ceiling: $121,700.

Step-by-Step Filing Instructions

• Step 1: Track Contract Anniversaries: Monitor project schedules to identify contracts extending beyond one year that permit annual holdback release.
• Step 2: Prepare Form 6: Complete the Notice of Annual Release of Holdback (Form 6) in accordance with O. Reg. 304/18.
• Step 3: Publish Form 6: Upload and publish the completed form on an electronic construction trade news website within 14 days after the contract anniversary.
• Step 4: Monitor Lien Registry: Verify that no liens have been preserved against the premises or contract during the statutory period.
• Step 5: Execute Payment: Release and pay the accrued basic holdback between day 60 and day 74 following the publication date.
• Step 6: Document Compliance: Retain the publication certificate, payment records, and any related proper invoices in the project compliance file.

2026 Inspection Notes

For 2026 construction compliance context, pay close attention to working-at-heights training records, trenching and excavation controls, and training/competency documentation. Do not call this a named official blitz.

Official Sources

• https://www.ontario.ca/laws/statute/90c30
• https://www.ontario.ca/laws/regulation/180304