Acts and Regulations

82-109 - General

Full text
19Repealed: 2020, c.29, s.108
2020, c.29, s.108
19(1)Where the Crown has received a notice of claim under section 18, the Crown shall notify the claimant of the withholding from the contractor of
(a) an amount equal to the sum described in the notice of claim as remaining unpaid to the claimant, or
(b) the amount remaining unpaid by the Owner to the contractor,
whichever is the lesser.
19(2)Where the Crown has withheld an amount owing to the contractor who is referred to in the notice of claim, the Crown shall not pay out any money to satisfy the claim unless
(a) the claimant for whom the money was withheld has jointly with the contractor or subcontractor from whom payment was claimed submitted to the Crown within ninety days of the service of the notice of claim on the Crown a document in writing, signed by both parties, setting forth their agreement on the distribution of the money held by the Crown, and
(b) the contractor, where he is not the person from whom the money was claimed, has concurred in the distribution of money agreed on under paragraph (a) by separate document or in that document,
but if ninety days have elapsed and neither paragraph (a) nor (b) has been complied with, the Crown may pay the money held to the contractor or subcontractor notwithstanding the claim.
19(3)The Crown upon receipt of the documents provided for in subsection (2) shall distribute the money held by it in accordance with those documents.
19(1)Where the Crown has received a notice of claim under section 18, the Crown shall notify the claimant of the withholding from the contractor of
(a) an amount equal to the sum described in the notice of claim as remaining unpaid to the claimant, or
(b) the amount remaining unpaid by the Owner to the contractor,
whichever is the lesser.
19(2)Where the Crown has withheld an amount owing to the contractor who is referred to in the notice of claim, the Crown shall not pay out any money to satisfy the claim unless
(a) the claimant for whom the money was withheld has jointly with the contractor or subcontractor from whom payment was claimed submitted to the Crown within ninety days of the service of the notice of claim on the Crown a document in writing, signed by both parties, setting forth their agreement on the distribution of the money held by the Crown, and
(b) the contractor, where he is not the person from whom the money was claimed, has concurred in the distribution of money agreed on under paragraph (a) by separate document or in that document,
but if ninety days have elapsed and neither paragraph (a) nor (b) has been complied with, the Crown may pay the money held to the contractor or subcontractor notwithstanding the claim.
19(3)The Crown upon receipt of the documents provided for in subsection (2) shall distribute the money held by it in accordance with those documents.