Acts and Regulations

2014, c.105 - Crown Construction Contracts Act

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Repealed on 1 December 2022
2014, c.105
Crown Construction Contracts Act
Deposited December 30, 2014
Repealed: 2021, c.38, s.36
Definitions
1The following definitions apply in this Act.
“contractor” means a person who contracts with the Crown to construct, repair or alter land or structures owned or administered by the Crown.(entrepreneur)
“Crown” means the Crown in right of the Province and includes a minister of the Crown and a corporation or other agency prescribed by regulation.(Couronne)
“material worker” means a person having a contract with a contractor or a subcontractor for the supply of material to a contract.(fournisseur de matériaux)
“payment bond” Repealed: 2020, c.29, s.107
“subcontractor” means a person having a contract with a contractor, and includes a person having a contract with a subcontractor who has a contract with a contractor.(sous-traitant)
“supplier” means a person having a contract with a contractor or a subcontractor for the provision of goods and supplies to a contract.(fournisseur de biens et d’approvisionnements)
“worker” means a person who has a contract with a contractor or a subcontractor to provide work on a contract.(travailleur)
R.S.1973, c.C-36, s.1; 1981, c.19, s.1; 2009, c.48, s.1; 2020, c.29, s.107
Application
2This Act applies to every contract for the construction, repair or alteration of land or structures owned or administered by the Crown.
R.S.1973, c.C-36, s.2; 1979, c.15, s.1
Forms
2020, c.29, s.107
2.1(1)A contract to which this Act and the regulations apply
(a) shall be made in the Short Form Contract or the Standard Construction Contract, if the amount of the accepted tender does not exceed the amount prescribed by regulation, or
(b) shall be made in the Standard Construction Contract, if the amount of the accepted tender is greater than the amount prescribed by regulation.
2.1(2)With the approval of the Treasury Board, the Minister of Transportation and Infrastructure may prescribe the form and content of the Short Form Contract and the Standard Construction Contract, which may vary according to the class of contracts.
2.1(3)Despite subsection (1), if, in the opinion of the Minister of Transportation and Infrastructure, it is not appropriate to use the Short Form Contract or the Standard Construction Contract for the making of a contract to which this Act and the regulations apply, the Minister may, with the approval of the Treasury Board, prescribe the form and content of an alternate form.
2.1(4)The Minister of Transportation and Infrastructure shall cause the Short Form Contract, the Standard Construction Contract and any alternate form made under subsection (3) to be made available to the public in the form and the manner that the Minister considers appropriate.
2.1(5)In the Short Form Contract, the Standard Construction Contract, and any alternate form made under subsection (3), the Crown may collect personal information either directly from an individual to whom the information relates or indirectly from another person.
2.1(6)The Regulations Act does not apply to the form and content of the Short Form Contract, the Standard Construction Contract and any alternate form made under subsection (3).
2.1(7)If there is a conflict or an inconsistency between the Short Form Contract, the Standard Construction Contract or an alternate form made under subsection (3) and this Act or any regulation made under this Act, this Act or the regulation made under this Act prevails.
2020, c.29, s.107
Enforcement of performance penalties
3If a contract provides that a contractor shall pay a penalty if he or she fails to complete the performance of the contract within the time stipulated in the contract, or any extension granted under the contract, that provision is enforceable against the contractor despite the following:
(a) the penalty is not a pre-estimate of damages likely to be caused by non-performance by the contractor within the stipulated period; and
(b) the contract includes a provision for liquidated damages.
R.S.1973, c.C-36, s.3
Deduction of debts to the Crown from contract price
4On the direction of a minister, there shall be deducted from the amount owing to a contractor under a contract an amount equal to the amount that the contractor is indebted to the Crown, and notice shall be given to the contractor describing the debt to be satisfied out of the amount deducted.
R.S.1973, c.C-36, s.4
Extensions of time and claims for additional money
5(1)If under a contract a request is made by a contractor for an extension of time for the completion of all or any portion of the work he or she is to perform under the contract or a claim is made for additional money in respect of work he or she has performed under the contract, the Crown may delegate to any person the authority to negotiate and settle the request or claim.
5(2)A delegation under subsection (1) shall be in writing and shall stipulate the limits of the delegated authority.
R.S.1973, c.C-36, s.5
Payment bond
Repealed: 2020, c.29, s.107
2020, c.29, s.107
6Repealed: 2020, c.29, s.107
R.S.1973, c.C-36, s.6; 1981, c.19, s.2; 1984, c.C-5.1, s.47; 2020, c.29, s.107
Withholding of payment by Crown
Repealed: 2020, c.29, s.107
2020, c.29, s.107
7Repealed: 2020, c.29, s.107
R.S.1973, c.C-36, s.7; 1981, c.19, s.3; 2009. c.48, s.2; 2020, c.29, s.107
Regulations
8The Lieutenant-Governor in Council may make regulations
(a) prescribing the procedures to be used in the submission of tenders for the construction, repair or alteration of land or structures owned by the Crown;
(b) prescribing the basis on which tenders may be rejected;
(c) authorizing the person having charge of a public tender opening to exercise his or her discretion in the rejection or acceptance of tenders when matters not covered by the regulations arise;
(d) prescribing the type of security to be provided by a tenderer and the security to be provided by the successful tenderer on being awarded a contract;
(e) prescribing the type of limits of insurance to be provided by a contractor;
(e.1) prescribing an amount for the purposes of subsection 2.1(1);
(f) prescribing machinery rental rates;
(g) prescribing forms to be used in the administration of contracts;
(h) prescribing procedures to be used in the administration of construction contracts;
(i) Repealed: 2020, c.29, s.107
(j) prescribing corporations and other agencies to be included in the definition “Crown”.
R.S.1973, c.C-36, s.8; 1981, c.19, s.4; 2020, c.29, s.107
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to December 1, 2022.