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ARTICLE · 23 MARCH 2022

Prompt Payment Legislation In Canada – Update

What is one thing all contractors are concerned about? Our guess is that they are all concerned that they do not receive prompt payment for their work.

CanadaReal Estate and Construction

What is one thing all contractors are concerned about? Our guess is that they are all concerned that they do not receive prompt payment for their work.

In response to this constant concern, legislatures across Canada have introduced prompt payment legislation for construction projects. Below is a brief update on prompt payment legislation in Canada.

  1. Ontario – In Force Since October 2019

On December 12, 2017, Bill 142: Construction Lien Act Amendment Act, 2017 received royal assent. This bill amended the Construction Act, R.S.O. 1990 c.30 to introduce prompt payment and adjudication provisions which came into force in July 2018 and October 2019, respectively. These amendments streamlined the payment process by prescribing timelines for payment between owners, contractors and subcontractors. For example, once an owner receives a “proper invoice” from the contractor it must pay within 28 days. If the owner does not pay all or part, it must give the

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