LEGAL
PROMPT PAYMENT
is Coming to
Saskatchewan
By Troy Baril and Jonathan Martin, Miller Thomson LLP
On May 2, 2019, Bill 152 The Builders’ Lien (Prompt
Payment) Amendment Act passed its third reading in
the Saskatchewan Legislative Assembly. By passing
Bill 152, Saskatchewan has taken a huge leap forward to become
one of three jurisdictions in Canada to adopt legislation of this kind.
There is still much work to do before Bill 152 comes into force,
such as drafting regulations and establishing the adjudication authority.
However, while it is possible the bill could be in force as early
as January 2020, at this time the bill remains subject to change as
it is not yet law.
The Government of Saskatchewan has said it does not expect
the bill to come into force before an adjudication authority
is set up and no date for when the Bill will actually take effect has
been determined.
While we wait for the bill to be finalized, what follows are highlights
of Bill 152 and what you should know before it comes into force.
Overview of changes
Broadly speaking, the new statute proposes the following:
1. A defined payment cycle.
2. An adjudication system for resolving disputes.
3. The right to suspend work.
4. The right to charge interest on any overdue payments.
AHASOFT2000 / 123RF
Part II
Defined payment cycle and proper invoice
To take advantage of the prompt payment process, a general contractor
(GC) must first submit a “Proper Invoice” to the owner on
a monthly basis unless the contract provides otherwise. “Proper
Invoice” and the process for “giving of Proper Invoices” is defined
in the bill.
Under the bill, an invoice is only a “Proper Invoice” if it contains
the following information:
1. The contractor’s name and address.
2. The date of the invoice and the period during which the services
or materials were supplied.
3. Information identifying the contract or other authority under
which the services or materials were supplied.
4. A description, including quantity if appropriate, of the services
or materials that were supplied.
5. The amount payable for the services or materials that were
supplied, and the payment terms.
6. The name, title, telephone number and mailing address of the
person to whom payment is to be sent.
7. Any other prescribed information.
There is currently no other prescribed information. Once submitted,
the “Proper Invoice” can only be changed with the prior
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