Acts and Regulations

2021, c.39 - An Act to Amend the Construction Remedies Act

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2021, c.39
An Act to Amend the
Construction Remedies Act
Assented to December 17, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 37 of the Construction Remedies Act, chapter 29 of the Acts of New Brunswick, 2020, is amended
(a) by adding before subsection (1) the following: 
37(0.1)In this section “industrial facility” means
(a) a facility located on a single site that is engaged in manufacturing, processing, mining, quarrying, oil and gas extraction, or electricity generation, or
(b) an integrated facility located on multiple sites that is engaged in an activity referred to in paragraph (a).
(b) by adding after subsection (6) the following: 
37(6.1)Despite subsection (4), if, in respect of an industrial facility, there are contracts with respect to more than one improvement and the owner of the industrial facility establishes a holdback trust account, it shall be a single holdback trust account to be administered jointly by the owner and one other trustee from among the persons referred to in paragraphs (6)(a) to (e).
37(6.2)An owner may apply to the court for directions respecting the establishment of a single holdback trust account and the court may make any order it considers appropriate.
(c) in subsection (7) by striking out “subsection (6)” and substituting “subsection (6) or (6.1) or established under subsection (6.2)”.
2Section 41 of the Act is amended
(a) by repealing subsection (9) and substituting the following: 
41(9)Within seven days after receiving a copy of a certificate of substantial performance, or after signing a certificate with an owner, as the case may be, a contractor shall
(a) post a copy of the certificate, or cause a copy to be posted,
(i) at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, or
(ii) on a website maintained by or on behalf of the owner if the following requirements are met: 
(A) all lienholders in respect of the improvement are given the website address and any other information required to view the posted certificate; and
(B) no fees are charged for posting certificates, searching the website or viewing the posted certificates, and
(b) if the regulations provide for any additional manner of publication, publish the certificate in accordance with the regulations.
(b) by repealing subsection (13) and substituting the following: 
41(13)Within four days after receiving a copy of a declaration of substantial performance, a contractor shall
(a) post a copy of the declaration, or cause a copy to be posted,
(i) at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, or
(ii) on a website maintained by or on behalf of the owner if the following requirements are met: 
(A) all lienholders in respect of the improvement are given the website address and any other information required to view the posted declaration; and
(B) no fees are charged for posting declarations, searching the website or viewing the posted declarations, and
(b) if the regulations provide for any additional manner of publication, publish the declaration in accordance with the regulations.
3Section 44 of the Act is amended
(a) by repealing subsection (9) and substituting the following: 
44(9)Within seven days after receiving a copy of a certificate of completion of subcontract, or after signing a certificate with an owner, as the case may be, a contractor shall
(a) post a copy of the certificate, or cause a copy to be posted,
(i) at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, or
(ii) on a website maintained by or on behalf of the owner if the following requirements are met: 
(A) all lienholders in respect of the improvement are given the website address and any other information required to view the posted certificate; and
(B) no fees are charged for posting certificates, searching the website or viewing the posted certificates, and
(b) if the regulations provide for any additional manner of publication, publish the certificate in accordance with the regulations.
(b) by repealing subsection (13) and substituting the following: 
44(13)Within four days after receiving a copy of a declaration of completion of subcontract, a contractor shall
(a) post a copy of the declaration, or cause a copy to be posted,
(i) at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, or
(ii) on a website maintained by or on behalf of the owner if the following requirements are met: 
(A) all lienholders in respect of the improvement are given the website address and any other information required to view the posted declaration; and
(B) no fees are charged for posting declarations, searching the website or viewing the posted declarations, and
(b) if the regulations provide for any additional manner of publication, publish the declaration in accordance with the regulations.