Federal Prompt Payment for Construction Work Act (S.C. 2019, c. 29, s. 387)

Marginal note:Submission of proper invoice

• 9 (1) A contractor must, on a monthly basis or as specified by its contract, submit a proper invoice in writing to Her Majesty or a service provider, as the case may be, with respect to any construction work that was performed by the contractor, or performed and invoiced by any subcontractor in the subcontracting chain, up to the date of the proper invoice and not yet paid for by Her Majesty or that service provider.

• Marginal note:Duty to pay

  (2) Her Majesty or the service provider must pay the contractor for all of the construction work referred to in subsection (1) no later than the 28th day after the day on which the proper invoice is received.

• Marginal note:Non-payment

  (3) Despite subsection (2), Her Majesty or the service provider may decline to pay for some or all of the construction work referred to in subsection (1) if, no later than the 21st day after the day on which the proper invoice is received, Her Majesty or the service provider provides the contractor with a notice of non-payment.

• Marginal note:No prior verification

  (4) A proper invoice is not subject to any requirement respecting prior verification of the construction work.

• Marginal note:Right to information — proper invoice

  (5) On request, a contractor must inform any subcontractor in the subcontracting chain of the date on which Her Majesty or the service provider received a proper invoice from the contractor under subsection (1).