Is there a limit on an Ottawa mason's deposit?

We found no deposit cap in Ontario law for masonry work. The Consumer Protection Act, 2002 does set a ceiling on the total charge: if the agreement includes an estimate, the contractor cannot charge more than 10 per cent above it.

The Act also requires that any direct agreement over $50 be put in writing and delivered to you, and that you have 10 days after receiving that written copy to cancel without reason. That cooling-off period is worth knowing before you hand over any money.

A few things are worth sorting out before work starts:

• Ask what the deposit covers and when the balance is due. Get both in writing.
• The Construction Act requires each payer to hold back 10 per cent of the value of work as it is supplied. Ask a lawyer about when it is safe to release that amount on a larger job.
• Ask for any warranty in writing, including what it covers and for how long.
• Brick and Stone Mason (401A) is a non-compulsory trade in Ontario, so you cannot look a mason up on the public register. Ask about their training and experience with the specific work you need done.
• We found no Ontario licence for masonry contractors. Ask the mason whether they carry commercial general liability insurance and ask to see the certificate.
• Under WSIB's expanded compulsory coverage, businesses in construction must have coverage, with some exceptions. As an owner-occupier hiring a mason for your own home, you are not required to obtain a WSIB clearance certificate, but you may still ask for one. It is valid for up to 90 calendar days. The exemption does not apply to a rental property.

Before work starts, ask the mason for a written contract showing the full scope and price, and request a WSIB clearance certificate if you want confirmation of their coverage status.