Current version: as posted on Dec 22, 2020
Bill 37
BUILDERS’
LIEN (PROMPT PAYMENT)
AMENDMENT ACT, 2020
Chapter 30
(Assented to December 9, 2020)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
1 The Builders’ Lien Act is amended by this Act.
PROMPT
PAYMENT
AND CONSTRUCTION LIEN ACT
Chapter P‑26.4
3 The following heading is added before section 1:
(a) In clause (h) by striking out “section 18(1) or (1.1)” wherever it occurs and substituting “section 18(1), (1.1) or (1.2)”;
(b) In clause (i) by striking out “section 23(1) or (1.1)” wherever it occurs and substituting “section 23(1), (1.1) or (1.2)”.
5 The heading before section 5 is repealed and the following is substituted:
6 Section 11(3) is amended by striking out “sections 18(1) or (1.1) and 23(1) or (1.1)” and substituting “sections 18(1), (1.1) or (1.2) and 23(1), (1.1) or (1.2)”.
(a) by adding the following after subsection (1.1):
(1.2) Notwithstanding subsection (1) and irrespective of whether a contract provides for instalment payments or payment on completion of the contract, an owner who is liable on a contract with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete under which a lien may arise shall, when making payment on the contract, retain an amount equal to 10% of the value of the work actually done and materials actually furnished for a period of 90 days from
(a) the date of issue of a certificate of substantial performance of the contract, in a case where a certificate of substantial performance is issued, or
(b) the date of completion of the contract, in a case where a certificate of substantial performance is not issued.
(b) in subsection (2) by striking out “subsection (1) or (1.1)” wherever it occurs and substituting “subsection (1), (1.1) or (1.2)”;
(c) in subsection (5) by striking out “subsection (1) or (1.1)” and substituting “subsection (1), (1.1) or (1.2)”.
(4.1) Notwithstanding section 18(1.2), if, with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete,
(a) a certificate of substantial performance is issued for a contract or a subcontract, as the case may be,
(b) a period of 90 days has expired from the date of issue of the certificate of substantial performance, and
(c) no lien has been registered,
the amount that the owner is required to retain under section 18 is reduced by 10% of the value of the work actually done and materials actually furnished under the contract or the subcontract, as the case may be, at the date of issue of the certificate of substantial performance.
(a) by adding the following after subsection (1.1):
(1.2) Notwithstanding subsection (1), with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, when a certificate of substantial performance is issued in respect of a contract, the owner shall retain for a period of 90 days from the date of the completion of the contract an amount equal to 10% of the value of the work actually done and materials actually furnished on or after the date of issue of the certificate of substantial performance.
(b) in subsection (2) by striking out “subsection (1) or (1.1)” wherever it occurs and substituting “subsection (1), (1.1) or (1.2)”;
(c) in subsection (5) by striking out “subsection (1) or (1.1)” and substituting “subsection (1), (1.1) or (1.2)”.
10 The following is added after section 24:
Payment of amount retained under
sections 18, 21 and 23
24.1(1) Subject to subsection (2), an owner must make a payment of the amount retained under section 18(1), (1.1) or (1.2), 21 or 23(1), (1.1) or (1.2).
(2) Subsection (1) applies if the following conditions are met:
(a) the contract provides
(i) for a completion schedule that is longer than one year and for the payment of accrued amounts under section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2) on an annual basis, or
(ii) for the payment of amounts accrued under section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2) on a phased basis specified in the contract;
(b) the contract price at the time the contract is entered into exceeds the prescribed amount;
(c) as of the payment date, as may be applicable under clause (a)(i) or (ii),
(i) there are no liens filed in respect of the contract, or
(ii) all liens filed in respect of the contract have been satisfied, discharged or otherwise provided for under this Act;
(d) any other conditions as may be prescribed.
11 Section 26 is amended by striking out “section 18(1) or (1.1) or 23(1) or (1.1)” and substituting “section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2)”.
(a) by adding the following after subsection (2.1):
(2.11) Notwithstanding subsection (1), with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, on the expiration of 90 days from the day that the contract is completed, payment of the major lien fund may be validly made so as to discharge the owner’s liability in respect of all liens that are a charge on the major lien fund, unless a statement of lien is registered.
(b) by adding the following after subsection (2.2):
(2.21) Notwithstanding subsection (2.11), with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, on the expiration of 90 days
(a) from the date of issue of a certificate of substantial performance, payment of the major lien fund may be validly made, and
(b) from the day the contract is completed, payment of the minor lien fund may be validly made,
so as to discharge the owner’s liability in respect of all liens that are a charge on the lien fund in respect of which the payment was made, unless a statement of lien is registered.
13 Section 29(1) is amended by striking out “section 18(1) or (1.1) or 23(1) or (1.1)” and substituting “section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2)”.
Proper invoice
32.1(1) For the purposes of this Part, “proper invoice” means a written bill or other request for payment for the work done or materials furnished in respect of an improvement under a contract if the written bill or request for payment contains the following information and, subject to subsection (4), meets any other requirements as may be specified in the contract:
(a) the contractor’s name and business address;
(b) the date of the proper invoice and the period during which the work was done or materials were furnished;
(c) information identifying the authority, whether in a written or verbal contract or otherwise, under which the work was done or materials were furnished;
(d) a description of the work done or materials furnished;
(e) the amount requested for payment and the corresponding payment terms broken down for the work done or materials furnished;
(f) the name, title and contact information of the person to whom the payment is to be sent;
(g) a statement indicating that the invoice provided is intended to constitute a proper invoice;
(h) any other information that may be prescribed.
(2) A requirement to pay an amount in accordance with this Part is subject to any requirement to retain an amount according to Part 2.
(3) Subject to subsection (4), a provision in a contract that makes the giving of a proper invoice conditional on the prior certification of a person or prior approval of the owner to give the invoice is of no force or effect.
(4) Subject to the regulations, subsection (3) does not apply to a provision in a contract that provides for the testing and commissioning of the improvement or of the work done or materials furnished under the contract.
(5) A proper invoice may be revised if
(a) the parties to the proper invoice agree to a revision,
(b) the date of the proper invoice is not changed, and
(c) the proper invoice continues to meet the requirements referred to in subsection (1).
(6) Subject to the regulations, proper invoices must be given to an owner at least every 31 days unless the contract includes a provision for the testing and commissioning of the improvement or of the work done or materials furnished under the contract and the conditions of testing and commissioning are not met.
Payment deadline — owner to contractor
32.2(1) Subject to subsection (2), an owner who owes money under a proper invoice must pay the amount payable under a proper invoice no later than 28 days after receiving the proper invoice.
(2) An owner who disputes a proper invoice may refuse to pay all or any portion of the amount payable under the proper invoice within the time specified in subsection (1) if, no later than 14 days after receiving the proper invoice, the owner gives the contractor a notice of dispute, in the prescribed form and manner, specifying the amount of the proper invoice that is not being paid and detailing all the reasons for non‑payment.
(3) Subsection (1) continues to apply to any amount payable under the proper invoice that is not the subject of a notice of dispute under subsection (2).
Payment deadlines — contractor to subcontractor
32.3(1) Subject to the giving of a notice of non‑payment under subsection (6), a contractor who receives full payment of a proper invoice within the time specified in section 32.2(1) must, no later than 7 days after receiving payment, pay each subcontractor the amount payable to the subcontractor for the work done or materials furnished under a subcontract with the contractor that were included in the proper invoice.
(2) Subject to the giving of a notice of non‑payment under subsection (6), if the payment received by the contractor from the owner is only for a portion of the amount payable under a proper invoice, the contractor must, no later than 7 days after receiving payment, pay each subcontractor the amount paid by the owner for the work done or materials furnished under a subcontract with the contractor that were included in the proper invoice.
(3) For the purposes of subsection (2), if more than one subcontractor is entitled to payment, payment must be made in accordance with the following rules:
(a) if the amount not paid by the owner is specific to the work done or materials furnished by a particular subcontractor or subcontractors,
(i) the other subcontractors must be paid, and
(ii) any amount paid by the owner with respect to the subcontractor or subcontractors who are implicated in the dispute mentioned in section 32.2(2) must be paid to the subcontractor or subcontractors on a proportionate basis, as applicable;
(b) in any other case, all subcontractors must be paid on a proportionate basis.
(4) Subject to subsection (5) or (6), as the case may be, if the owner does not pay some or all of the amount payable under a proper invoice within the time specified in section 32.2(1), the contractor must, no later than 35 days after giving the proper invoice to the owner, pay each subcontractor the amount payable to each subcontractor for the work done or materials furnished under a subcontract with the contractor that were included in the proper invoice to the extent that the contractor was not paid in full under subsection (2).
(5) Subsection (4) does not apply in respect of a subcontractor if, no later than the date specified in subsection (7), the contractor provides to the subcontractor the following:
(a) a notice of non‑payment, in the prescribed form and manner,
(i) stating that some or all of the amount payable to the subcontractor is not being paid within the time specified in subsection (4) due to non‑payment by the owner, and
(ii) specifying the amount not being paid;
(b) an undertaking to refer the matter to adjudication under Part 5 no later than 21 days after giving the notice to the subcontractor;
(c) a copy of any notice of dispute given by the owner under subsection 32.2(2).
(6) A contractor who disputes, in whole or in part, the entitlement of a subcontractor to payment of an amount under the subcontract may refuse to pay all or any portion of the amount within the time specified in subsection (1) or (2), as the case may be, if, no later than the date specified in subsection (7), the contractor gives to the subcontractor a notice of non‑payment, in the prescribed form and manner, specifying the amount that is not being paid and detailing all the reasons for non‑payment.
(7) For the purposes of subsections (5) and (6), the contractor must give notice no later than
(a) 7 days after receiving a notice of dispute from the owner under subsection 32.2(2), or
(b) if no notice was given by the owner, before the expiry of the period referred to in subsection (4).
(8) Subsections (1) and (2) apply, with necessary modifications, in respect of any amount that is the subject of a notice of non‑payment under subsection (5), once the amount is paid by the owner.
Notice of non‑payment
32.4(1) Subject to the regulations, a contractor who receives a notice of dispute under section 32.2(2) must, without delay, advise its subcontractors of the receipt of that notice.
(2) Subject to the regulations, a subcontractor who receives a notice of non‑payment under section 32.3(6) must, without delay, advise its subcontractors of the receipt of that notice.
Payment deadlines — subcontractor to subcontractor
32.5(1) Subject to subsection (7), a subcontractor who receives full payment from a contractor in respect of a proper invoice within the time specified in section 32.3(1) must, no later than 7 days after receiving payment, pay each subcontractor the amount payable to the subcontractor for the work done or materials furnished under a subcontract between them that were included in the proper invoice.
(2) Subject to the giving of a notice of non‑payment under subsection (7), if the payment received by the subcontractor from the contractor is only for a portion of the amount payable to the subcontractor in respect of a proper invoice, the subcontractor must, no later than 7 days after receiving payment, pay each subcontractor the amount paid by the contractor for the work done or materials furnished under a subcontract between the subcontractor and the other subcontractors that were included in the proper invoice.
(3) For the purposes of subsection (2), if more than one subcontractor is entitled to payment, payment must be made in accordance with the following rules:
(a) if the amount not paid by the contractor is specific to the work done or materials furnished by a particular subcontractor or subcontractors,
(i) the other subcontractors must be paid, and
(ii) any amount paid by the owner with respect to the subcontractor or subcontractors who are implicated in the dispute mentioned in subsection 32.2(2) must be paid to the subcontractor or subcontractors on a proportionate basis, as applicable;
(b) in any other case, all subcontractors must be paid on a proportionate basis.
(4) Subject to subsections (6) and (7), if the contractor does not pay some or all of the amount payable to a subcontractor in respect of a proper invoice within the time specified in section 32.3(1), the subcontractor must, no later than the date specified in subsection (5), pay each subcontractor the amount payable to each subcontractor for the work done or materials furnished under a subcontract with that subcontractor that were included in the proper invoice to the extent that the subcontractor was not paid in full under subsection (2).
(5) For the purposes of subsection (4), the subcontractor must pay the amounts no later than
(a) 7 days after the subcontractor receives payment from the contractor, or
(b) if no payment is made by the contractor to the subcontractor, 42 days after the proper invoice was given to the owner.
(6) Subsection (4) does not apply in respect of a subcontractor if, no later than the date specified in subsection (8), the subcontractor required to pay under subsection (4) gives to the other subcontractor, the following:
(a) a notice of non‑payment, in the prescribed form and manner,
(i) stating that some or all of the amount payable to the subcontractor is not being paid within the time specified in subsection (5) due to non‑payment by the contractor, and
(ii) specifying the amount not being paid;
(b) unless the failure of the contractor to pay is as a result of non‑payment by the owner, an undertaking to refer the matter to adjudication under Part 5 no later than 21 days after giving the notice to the subcontractor;
(c) a copy of any notices of dispute or non‑payment, as the case may be, received by the subcontractor in relation to the proper invoice.
(7) A subcontractor who disputes, in whole or in part, the entitlement of another subcontractor to payment of an amount under the subcontract may refuse to pay all or any portion of the amount within the time specified in subsection (1) or (2), as the case may be, if, no later than the date specified in subsection (8), the subcontractor gives to the other subcontractor a notice of non‑payment, in the prescribed form and manner, specifying the amount that is not being paid and detailing all the reasons for non‑payment.
(8) For the purposes of subsections (6) and (7), the subcontractor must give notice no later than
(a) 7 days after receiving a notice of non‑payment from the contractor under section 32.3(5) or (6), or
(b) if no notice was given by the contractor, before the expiry of the period referred to in subsection (5)(b).
(9) Subsections (1) and (2) apply, with necessary modifications, in respect of any amount that is the subject of a notice under subsection (6), once the amount is paid by the contractor.
(10) On the request of a subcontractor who is required to make payments in accordance with this section, a contractor must, as soon as possible, provide to the subcontractor confirmation of the date on which the contractor gave a proper invoice to the owner.
(11) This section applies, with necessary modifications, in respect of a subcontractor who is entitled to payment in accordance with this section and any amounts payable by that subcontractor to any other subcontractor under a subcontract in respect of the work done or materials furnished.
Interest on late payments
32.6 Interest begins to accrue in accordance with the prescribed rates on any amounts included in a proper invoice that are unpaid and due.
No effect on wages
32.7 Nothing in this Part in any way reduces, derogates from or alters the obligations of a contractor or subcontractor to pay wages to an employee as provided for by statute, contract or collective bargaining agreement.
Inspection of contract or subcontract
33(1) In this section, “applicable person” means a person who falls under any of the categories of persons specified in subsection (2).
(2) The following persons, by notice in writing, may at any reasonable time demand the production for inspection of the contract and statement of the state of accounts referred to in subsection (3):
(a) a lienholder;
(b) a beneficiary of a trust;
(c) a contractor or subcontractor currently working under a contract for an owner, contractor or subcontractor, if requesting information about a particular project under the contract.
(3) A demand under subsection (2) may be
(a) of the owner or the owner’s agent, for the contract with the contractor,
(b) of the contractor,
(i) for the contract with the owner, or
(ii) for the contract with the subcontractor through whom the applicable person’s claim is derived,
(c) of the subcontractor, for the contract with the contractor through whom the applicable person’s claim is derived, or
(d) for a statement of the state of accounts between the owner and contractor or between contractor and subcontractor, as the case may be, containing all information prescribed.
(4) If, at the time of the demand or within 6 days after the demand is made under this section, the owner or the owner’s agent, the contractor or the subcontractor, as the case may be,
(a) does not produce the written contract or statement of the state of accounts, or
(b) if the contract is not in writing,
(i) does not, in writing, inform the person making the demand of the terms of the contract or the amount due and unpaid on the contract, or
(ii) knowingly and falsely states the terms of the contract or the amount due or unpaid on the contract,
then, if the applicable person sustains loss by reason of the refusal, neglect or false statement, the owner, contractor or subcontractor, as the case may be, is liable to the applicable person in an action for the amount of the loss, or in proceedings taken under this Act for the enforcement of a lienholder’s lien.
(5) An applicable person, by notice in writing, may at any reasonable time demand of a mortgagee or the mortgagee’s agent or unpaid vendor or the unpaid vendor’s agent
(a) the terms of any mortgage on the land or any agreement for sale of the land in respect of which the work is or is to be done or in respect of which materials are or are to be furnished, and
(b) a statement showing the amount advanced and the amount currently due and owing on the mortgage or the amount owing on the agreement, as the case may be.
(6) If the mortgagee or vendor or the mortgagee’s or vendor’s agent fails to inform the applicable person within 6 days after the date of the demand
(a) of the terms of the mortgage or agreement, and
(b) of the amount owing on it,
then, if the applicable person sustains loss by reason of the failure or any misstatement by the mortgagee or vendor of the terms or amount owing, the mortgagee or vendor is liable to the applicable person in an action for the amount of the loss, or in proceedings taken under this Act for the enforcement of the lienholder’s lien.
(7) The court may on application at any time before or after proceedings are commenced for the enforcement of the lien make an order requiring
(a) the owner or the owner’s agent,
(b) the contractor,
(c) a subcontractor,
(d) the mortgagee or the mortgagee’s agent, or
(e) the unpaid vendor or the unpaid vendor’s agent,
as the case may be, to produce and allow an applicable person to inspect any contract, agreement, mortgage, agreement for sale, statement of the amount advanced or statement of the amount due and owing, or such other document as the court considers appropriate, on any terms as to costs that the court considers just.
Definitions
33.1 In this Part,
(a) “adjudication” means construction dispute adjudication with respect to a prescribed matter;
(b) “adjudicator” means a person who is qualified by a Nominating Authority as an adjudicator;
(c) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;
(d) “Nominating Authority” means a Nominating Authority designated under section 33.2(1).
Nominating Authority
33.2(1) The Minister may designate one or more entities to act as a Nominating Authority for the purposes of this Part.
(2) A Nominating Authority must perform the following duties:
(a) qualify persons who meet the prescribed requirements as adjudicators;
(b) appoint adjudicators for the purposes of this Part;
(c) arrange for the hearing by adjudicators of prescribed matters for which that Nominating Authority is responsible;
(d) develop and oversee programs for the training of persons as adjudicators;
(e) establish and maintain a publicly available registry of adjudicators;
(f) perform any other duties as may be prescribed for the purposes of this Part.
Minister as interim Nominating Authority
33.3 The Minister may act as a Nominating Authority on an interim basis for any period during which no entity is designated under section 33.2(1).
Adjudication of dispute
33.4 A party to a contract or subcontract may refer to adjudication a dispute with the other party to the contract or subcontract, as the case may be, respecting any prescribed matter in accordance with the regulations or the procedures established by the Nominating Authority responsible for that matter.
Adjudication procedures
33.5(1) An adjudication must be conducted in accordance with the adjudication procedures set out in the regulations or established by the responsible Nominating Authority.
(2) Adjudication procedures set out in a contract or subcontract apply only to the extent that they do not conflict with the procedures set out by the regulations or established by the responsible Nominating Authority.
(3) In the event of a conflict between the procedures set out by the regulations and those established by a Nominating Authority, the procedures set out by the regulations prevail.
Hearing and determination by adjudicator
33.6(1) Subject to subsections (2) and (3), an adjudicator may hear a dispute regarding any matter prescribed under this Part.
(2) An adjudicator may refer any matter to the court if the adjudicator does not have the jurisdiction to hear the matter or where, in the opinion of the adjudicator, the court is the more appropriate forum for hearing the matter.
(3) An adjudicator may refuse to hear a dispute if, in the opinion of the adjudicator, the dispute is frivolous or vexatious.
(4) Subject to section 33.7, the determination of a matter by the adjudicator is final and binding on the parties to the adjudication.
Judicial review
33.7 An application for judicial review of a determination of an adjudicator may be made in accordance with this Part and the Alberta Rules of Court (AR 124/2010).
Grounds
33.8 The determination of an adjudicator may be set aside on an application for judicial review if the applicant establishes one or more of the following grounds:
(a) the adjudicator committed a mistake of law;
(b) the adjudicator did not have the jurisdiction to decide the matter;
(c) the contract or subcontract is invalid or did not exist at the time the dispute arose;
(d) the determination was of a matter for which adjudication under this Part was not permitted, or of a matter entirely unrelated to the subject of the adjudication;
(e) the adjudication was conducted by someone other than a duly qualified adjudicator;
(f) the procedures followed in the adjudication did not accord with the procedures to which the adjudication was subject under the regulations or established by the responsible Nominating Authority;
(g) there is a reasonable apprehension of bias on the part of the adjudicator;
(h) the determination was made as a result of fraud.
No stay
33.9 An application for judicial review of a decision of an adjudicator does not operate as a stay of the operation of the determination unless the court orders otherwise.
Immunity
33.91(1) No action or other proceeding lies against a Nominating Authority, an adjudicator or any employee of a Nominating Authority for any act done or omitted to be done by the Nominating Authority, adjudicator or employee, as the case may be, in good faith while exercising any power or performing any duty under this Part or the regulations.
(2) An adjudicator shall not be compelled to give evidence in an action or other proceeding in respect of an adjudication conducted by that adjudicator.
(a) by striking out “subject to clause (b)” wherever it occurs and substituting “subject to clauses (b) and (c)”;
(b) in subsection 1 by striking out “or” at the end of clause (a), adding “or” at the end of clause (b) and by adding the following after clause (b):
(c) with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, terminating 90 days from the day that the last of the materials is furnished or the contract to furnish the materials is abandoned.
(c) in subsection (2) by striking out “or” at the end of clause (a), adding “or” at the end of clause (b) and by adding the following after clause (b):
(c) with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, terminating 90 days from the day that the performance of the services is completed or the contract to provide the services is abandoned.
(d) in subsection (3) by striking out “or” at the end of clause (a), adding “or” at the end of clause (b) and by adding the following after clause (b):
(c) with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, terminating 90 days from the day that the work for which the wages are claimed is completed or abandoned.
(e) in subsection (4) by striking out “or” at the end of clause (a), adding “or” at the end of clause (b) and by adding the following after clause (b):
(c) with respect to improvements primarily related to the furnishing of concrete as a material or work done in relation to concrete, terminating 90 days from the day the contract or subcontract, as the case may be, is completed or abandoned.
Part 7
Expiry and Discharge of Lien
22 Section 48(2)(c) is amended by striking out “section 18(1) or (1.1) or 23(1) or (1.1)” and substituting “section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2)”.
Part 9
Regulations and
Transitional Provisions
(a) by renumbering clause (a) as clause (a.3) and by adding the following before clause (a.3):
(a) make regulations for the purposes of Part 2;
(a.1) make regulations for the purposes of Part 3;
(a.2) make regulations for the purposes of Part 5
(i) respecting the appointment of any officers or employees required for the administration of a Nominating Authority;
(ii) subject to section 33.2(2), respecting the powers and duties of a Nominating Authority;
(iii) respecting the payment of remuneration and expenses to the officers or employees of a Nominating Authority;
(iv) respecting qualifications for the appointment of adjudicators;
(v) specifying the matters in respect of which an adjudicator may hear a dispute;
(vi) respecting the powers and duties of adjudicators;
(vii) respecting the determination of disputes, including the making of orders and any relief or remedies an adjudicator may order;
(viii) respecting procedures for making applications for adjudication, including any procedures, fees and forms required;
(ix) respecting the service of notices, documents and orders for adjudication;
(x) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purposes of Part 5.
(b) by adding the following after clause (c):
(d) prescribe rules for the purpose of remedying any confusion, difficulty or inconsistency in applying any provision, including transitional issues, of this Act and any regulation prescribed under this Act.
Transitional
74(1) In this section,
(a) “former provisions” means the provisions of this Act as they read immediately before the coming into force of the Builders’ Lien (Prompt Payment) Amendment Act, 2020;
(b) “new provisions” means the provisions of this Act as they read on the coming into force of the Builders’ Lien (Prompt Payment) Amendment Act, 2020.
(2) Any contract or subcontract entered into on or after the coming into force of the Builders’ Lien (Prompt Payment) Amendment Act, 2020 must conform to the new provisions.
(3) Subject to the regulations, any contracts or subcontracts entered into prior to the coming into force of the Builders’ Lien (Prompt Payment) Amendment Act, 2020 are governed by the former provisions until expired, terminated or amended in order to conform to the new provisions.
27 The following provisions are amended by striking out “45 days” wherever it occurs and substituting “60 days”:
section 18(1);
section 21(1)(b) and (2)(b);
section 23(1);
section 27(1) and (2);
section 41(1)(a), (2)(a), (3)(a) and (4)(a).
Consequential Amendments
and Coming into Force
28(1) The Condominium Property Act is amended by this section.
(2) Section 78(1) is amended by striking out “Builders’ Lien Act” and substituting “Prompt Payment and Construction Lien Act”.
29(1) The Land Titles Act is amended by this section.
(2) Sections 27(5), 104(4) and 153(1) are amended by striking out “Builders’ Lien Act” and substituting “Prompt Payment and Construction Lien Act”.
30(1) The Mines and Minerals Act is amended by this section.
(2) Sections 5(1)(w)(ii) and 95(5) are amended by striking out “Builders’ Lien Act” and substituting “Prompt Payment and Construction Lien Act”.