4th Session, 41st Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 245
THE PROMPT PAYMENTS IN THE CONSTRUCTION INDUSTRY ACT
| Section | Table of Contents |
| PART 1 | |
| INTERPRETATION AND APPLICATION | |
| 1(1) | Definitions |
| (2) | Terms used in Builders' Liens Act |
| 2 | Purpose |
| 3 | Crown bound |
| 4 | Act does not apply to prior contracts |
| 5 | Holdbacks under Builders' Liens Act |
| 6(1) | Act does not apply to P3 contracts |
| (2) | Application to subcontracts with P3 participants |
| 7 | Contracts to conform |
| 8(1) | Restrictions on making payment applications |
| (2) | Exception re testing or commissioning |
| 9(1) | No contracting out |
| (2) | Retaining amount payable as performance security |
| PART 2 | |
| OBLIGATIONS TO PAY CONTRACTORS | |
| PAYMENTS TO CONTRACTORS | |
| 10(1) | Progress payments |
| (2) | Monthly payments |
| (3) | Payment to contractor |
| 11(1) | Final payment — date specified |
| (2) | Final payment — no date specified |
| PAYMENTS TO SUBCONTRACTORS | |
| 12(1) | Progress payments |
| (2) | Monthly payments |
| (3) | Payment to subcontractor |
| 13(1) | Final payment — date specified |
| (2) | Final payment — no date specified |
| AMOUNT OF PROGRESS PAYMENTS | |
| 14 | Amount payable |
| MILESTONE PAYMENTS | |
| 15 | Payment — owner to contractor |
| 16 | Payment — contractor and subcontractor |
| 17(1) | Restriction on milestone payments in subcontracts |
| (2 | Notice to subcontractor |
| 18 | Application |
| DEEMED APPROVAL OF PAYMENT | |
| 19(1) | Deemed approval or certification |
| (2) | Notice |
| (3) | Dispute |
| (4) | If amount payable is disputed |
| RIGHT TO SUSPEND PERFORMANCE AND | |
| 20(1) | Suspending work for failure to pay |
| (2) | Suspending payment |
| (3) | Deadline for suspended payments |
| (4) | No breach |
| (5) | Interest |
| (6) | Resumption |
| CLAIMS FOR SETOFF | |
| 21(1) | Claim for setoff |
| (2) | Timing and notice re claim for setoff |
| (3) | Interest |
| INTEREST ON OVERDUE PAYMENTS | |
| 22 | Interest rate |
| INTERIM ADJUDICATION | |
| 23(1) | Referral |
| (2) | Appointment |
| (3) | Decision of adjudicator |
| (4) | Authority of court, arbitrator or arbitral tribunal |
| RIGHT TO TERMINATE CONTRACT FOR | |
| 24(1) | Termination |
| (2) | Notice |
| (3) | Contents of notice |
| (4) | Confirmation of termination |
| (5) | Effect of termination |
| RIGHT TO INFORMATION | |
| 25(1) | Request |
| (2) | Payment |
| (3) | Damages |
| (4) | Court order |
| GIVING NOTICES | |
| 26(1) | Method of giving notice |
| (2) | Evidence of receipt by registered mail |
| (3) | Evidence of receipt by e-mail |
| (4) | E-mail notice not received |
| REGULATIONS | |
| 27 | Regulations |
| PART 3 | |
| C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 28 | C.C.S.M. reference |
| 29 | Coming into force |