Acts and Regulations

2020, c.29 - Construction Remedies Act

Section 44
Disposition versions

Full text
Certificate of completion of subcontract
44(1)If there is a payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the payment certifier may determine whether a subcontract has been completed.
44(2)If a payment certifier agrees to make a determination under subsection (1), the payment certifier shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after the payment certifier determines that the subcontract has been completed, whichever is later.
44(3)If there is no payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the owner and contractor may jointly determine whether a subcontract has been completed.
44(4)If an owner and contractor agree to make a determination under subsection (3), they shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after they determine that the subcontract has been completed, whichever is later.
44(5)A payment certifier or an owner and a contractor jointly, as the case may be, shall set out in a certificate of completion of subcontract the date the subcontract was completed.
44(6)Despite subsection (5), the date a certificate of completion of subcontract is signed shall be deemed, for the purposes of this Act, to be the date that the subcontract was completed.
44(7)A payment certifier shall give a copy of a certificate of completion of subcontract to the owner, the contractor and the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.
44(8)If there is no payment certifier, an owner and contractor shall give a copy of a certificate of completion of subcontract to the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.
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.
44(10)If a payment certifier does not agree to make a determination under subsection (1) or agrees to make the determination but does not certify the completion of the subcontract within a reasonable time, or if there is no payment certifier and the owner and contractor do not agree to make a determination under subsection (3), or agree to make a determination but do not certify the completion of the subcontract within a reasonable time, any person may apply to the court, and the court, on being satisfied that the subcontract has been completed, and on any terms as to costs or otherwise that it considers appropriate, may declare that the subcontract has been completed.
44(11)A declaration of completion of subcontract shall contain the information set out in paragraphs 45(a) to (i) and, unless the court orders otherwise, the date the declaration is made shall be deemed, for the purposes of this Act, to be the date the subcontract was completed.
44(12)If a person who makes an application referred to in subsection (10) is not the contractor, that person shall provide the contractor with a copy of the declaration of completion of subcontract within seven days after receiving it from the court.
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.
44(14)If services or materials are supplied under a subcontract after the date the subcontract is certified or declared to have been completed, those services or materials shall be deemed to have been supplied on or before that date.
2021, c.39, s.3
Certificate of completion of subcontract
44(1)If there is a payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the payment certifier may determine whether a subcontract has been completed.
44(2)If a payment certifier agrees to make a determination under subsection (1), the payment certifier shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after the payment certifier determines that the subcontract has been completed, whichever is later.
44(3)If there is no payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the owner and contractor may jointly determine whether a subcontract has been completed.
44(4)If an owner and contractor agree to make a determination under subsection (3), they shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after they determine that the subcontract has been completed, whichever is later.
44(5)A payment certifier or an owner and a contractor jointly, as the case may be, shall set out in a certificate of completion of subcontract the date the subcontract was completed.
44(6)Despite subsection (5), the date a certificate of completion of subcontract is signed shall be deemed, for the purposes of this Act, to be the date that the subcontract was completed.
44(7)A payment certifier shall give a copy of a certificate of completion of subcontract to the owner, the contractor and the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.
44(8)If there is no payment certifier, an owner and contractor shall give a copy of a certificate of completion of subcontract to the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.
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 at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, and
(b) if the regulations provide for any additional manner of publication, publish the certificate in accordance with the regulations.
44(10)If a payment certifier does not agree to make a determination under subsection (1) or agrees to make the determination but does not certify the completion of the subcontract within a reasonable time, or if there is no payment certifier and the owner and contractor do not agree to make a determination under subsection (3), or agree to make a determination but do not certify the completion of the subcontract within a reasonable time, any person may apply to the court, and the court, on being satisfied that the subcontract has been completed, and on any terms as to costs or otherwise that it considers appropriate, may declare that the subcontract has been completed.
44(11)A declaration of completion of subcontract shall contain the information set out in paragraphs 45(a) to (i) and, unless the court orders otherwise, the date the declaration is made shall be deemed, for the purposes of this Act, to be the date the subcontract was completed.
44(12)If a person who makes an application referred to in subsection (10) is not the contractor, that person shall provide the contractor with a copy of the declaration of completion of subcontract within seven days after receiving it from the court.
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 at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, and
(b) if the regulations provide for any additional manner of publication, publish the declaration in accordance with the regulations.
44(14)If services or materials are supplied under a subcontract after the date the subcontract is certified or declared to have been completed, those services or materials shall be deemed to have been supplied on or before that date.
Certificate of completion of subcontract
44(1)If there is a payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the payment certifier may determine whether a subcontract has been completed.
44(2)If a payment certifier agrees to make a determination under subsection (1), the payment certifier shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after the payment certifier determines that the subcontract has been completed, whichever is later.
44(3)If there is no payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the owner and contractor may jointly determine whether a subcontract has been completed.
44(4)If an owner and contractor agree to make a determination under subsection (3), they shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after they determine that the subcontract has been completed, whichever is later.
44(5)A payment certifier or an owner and a contractor jointly, as the case may be, shall set out in a certificate of completion of subcontract the date the subcontract was completed.
44(6)Despite subsection (5), the date a certificate of completion of subcontract is signed shall be deemed, for the purposes of this Act, to be the date that the subcontract was completed.
44(7)A payment certifier shall give a copy of a certificate of completion of subcontract to the owner, the contractor and the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.
44(8)If there is no payment certifier, an owner and contractor shall give a copy of a certificate of completion of subcontract to the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.
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 at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, and
(b) if the regulations provide for any additional manner of publication, publish the certificate in accordance with the regulations.
44(10)If a payment certifier does not agree to make a determination under subsection (1) or agrees to make the determination but does not certify the completion of the subcontract within a reasonable time, or if there is no payment certifier and the owner and contractor do not agree to make a determination under subsection (3), or agree to make a determination but do not certify the completion of the subcontract within a reasonable time, any person may apply to the court, and the court, on being satisfied that the subcontract has been completed, and on any terms as to costs or otherwise that it considers appropriate, may declare that the subcontract has been completed.
44(11)A declaration of completion of subcontract shall contain the information set out in paragraphs 45(a) to (i) and, unless the court orders otherwise, the date the declaration is made shall be deemed, for the purposes of this Act, to be the date the subcontract was completed.
44(12)If a person who makes an application referred to in subsection (10) is not the contractor, that person shall provide the contractor with a copy of the declaration of completion of subcontract within seven days after receiving it from the court.
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 at the office at the site of the improvement, if there is one, otherwise, in a prominent place at the site of the improvement, and
(b) if the regulations provide for any additional manner of publication, publish the declaration in accordance with the regulations.
44(14)If services or materials are supplied under a subcontract after the date the subcontract is certified or declared to have been completed, those services or materials shall be deemed to have been supplied on or before that date.