After 18 months of discussion, Infrastructure Ontario (IO) has confirmed the government has approved a final set of supplementary conditions (SCs) for use with OAA 600-2021 contracts, specifically for IO projects that are primarily in the real estate sector. However, the official implementation date is still pending confirmation from IO. Also approved were IO supplementary conditions for CCDC 2 and CCDC 31.
Alongside legal counsel, the Association of Registered Interior Designers of Ontario (ARIDO), the Association of Consulting Engineering Companies (ACEC) Ontario, and their associated professional liability insurance providers, the OAA has been participating in a review process in the spirit of liaising with IO. The objective of this ongoing work is to provide feedback to IO on the implications and impact of these proposed SCs, specifically as related to regulatory impact, professional roles and responsibilities, risk allocation, and impact on professional liability insurance. As a reminder, the IO-authored supplementary conditions to OAA 600-2021 are not endorsed by the association.
Background & Process
In May 2023, IO confirmed its decision to transition from the 2013 version of Document 600 to the 2021 version as its standard agreement for architectural projects. However, it also indicated plans to issue a set of vendor-specific supplementary conditions.
The industry group—consisting of the OAA, ARIDO, and ACEC-Ontario, and supported by Pro-Demnity Insurance Co. and legal counsel—agreed to conduct a thorough review to assess regulatory, liability, and risk implications. This work has been ongoing since 2023. In the discussions, it was reconfirmed these supplementary conditions would be recognized as IO-authored and not carry the endorsement of the individual associations.
Latest Developments
In April 2025, the OAA, ACEC-Ontario, and ARIDO received official word regarding the finalized supplementary conditions from IO. However, new wording introduced by IO has raised additional concerns, particularly regarding constructor-related provisions that would transfer additional risk to consultants that would not be covered by professional liability insurance policies. In consultation with the industry group, the OAA will be issuing correspondence in the coming week to Infrastructure Ontario, raising this as an urgent matter for IO’s action. The official implementation date for the new SC is still pending confirmation from IO.
In addition to the above letter, the OAA, ACEC-Ontario, and ARIDO are expected to issue information to their respective members regarding the release of the new contract and supplementary conditions to clarify their implications, particularly concerning risk and liability. OAA continues its collaboration with Pro-Demnity on this matter.