Acts and Regulations

2020, c.29 - Construction Remedies Act

Section 6
Disposition versions

Full text
Project agreements between the Crown or a local government and a special purpose entity to finance and undertake an improvement
6(1)This section applies if the Crown or a local government, as the owner, enters into a project agreement with a special purpose entity that requires the entity to finance and undertake an improvement on behalf of the Crown or local government, as the case may be, and, for that purpose, to enter into an agreement with a contractor in respect of the improvement.
6(2)This Act and the regulations apply, with the modifications set out in this section and any other necessary modifications,
(a) to a project agreement between the Crown or a local government and a special purpose entity as if the project agreement were a contract and the special purpose entity were the contractor, and
(b) to an agreement between the special purpose entity and the contractor as if the agreement were a subcontract made under a contract referred to in paragraph (a).
6(3)The special purpose entity is deemed to be the owner in place of the Crown or a local government, and the agreement between the special purpose entity and the contractor is deemed to be the contract for the purposes of the following provisions of this Act, and any regulations made for the purposes of those provisions:
(a) sections 7 and 8;
(b) sections 34 to 53;
(c) sections 59 to 61;
(d) section 65;
(e) section 84;
(f) section 87, except for paragraph (1)(b); and
(g) any other provision prescribed by regulation.
Project agreements between the Crown or a local government and a special purpose entity to finance and undertake an improvement
6(1)This section applies if the Crown or a local government, as the owner, enters into a project agreement with a special purpose entity that requires the entity to finance and undertake an improvement on behalf of the Crown or local government, as the case may be, and, for that purpose, to enter into an agreement with a contractor in respect of the improvement.
6(2)This Act and the regulations apply, with the modifications set out in this section and any other necessary modifications,
(a) to a project agreement between the Crown or a local government and a special purpose entity as if the project agreement were a contract and the special purpose entity were the contractor, and
(b) to an agreement between the special purpose entity and the contractor as if the agreement were a subcontract made under a contract referred to in paragraph (a).
6(3)The special purpose entity is deemed to be the owner in place of the Crown or a local government, and the agreement between the special purpose entity and the contractor is deemed to be the contract for the purposes of the following provisions of this Act, and any regulations made for the purposes of those provisions:
(a) sections 7 and 8;
(b) sections 34 to 53;
(c) sections 59 to 61;
(d) section 65;
(e) section 84;
(f) section 87, except for paragraph (1)(b); and
(g) any other provision prescribed by regulation.