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Letter – Prompt Payment Legislation – AG Flemming – June 2022

Jun 7, 2022 | Letters

6 June 2022 

Hon. Hugh (Ted) Flemming 

Attorney General, Province of New. Brunswick 

Marysville Place 
P. O. Box 6000 
Fredericton, NB E3B 5H1 

Via email: ted.flemming@gnb.ca  

Re: Prompt Payment Legislation 

Dear Minister Flemming: 

Thank you for your letters dated 25 April 2022 and 30 May 2022 in response to our letters to you and Premier Higgs. We appreciate your attention to this file and inquiry regarding the status of similar legislation in other provinces. In response, we contacted the New Brunswick Construction Association which has provided the following update with current anticipated timelines: 

  1. Government of Canada 
  • July 2022 – Department of Justice Stamping 
  • August 2022 – Regulation Adjustments 
  • November 2022 – Introduction of Adjudication regime 
  • January 2023 – Enactment 
  1. British Columbia:  
  • In January 2022, the BC Government established a prompt payment working group and the group hopes to see this legislation tabled in 2022.  
  1. Northwest Territories and Nunavut:  
  • The Department of Justice has committed to replacing the old Mechanics Lien Act with a new Builders Lien Act which is supposed to include prompt payment legislation. They are expected to introduce such legislation in 2022. 
  1. Quebec:  
  • Bill 12, which is currently under clause-by-clause review will be amended to include prompt payment legislation in 2022.  There are projects that are being completed in 2022 where the 2021 Prompt Payment pilot project still applies.  A report on the outcomes of the Pilot Project was tabled on 3 March 2022, and concluded that in general, both the payment calendars and the dispute settlement processes produced the desired results. 
  1. Manitoba:  
  • Bill 28, The Prompt Payment for Construction Act received first reading in the legislature on March 16, 2022. 
  1. Alberta:  
  • On 29 August 2022 prompt payment legislation comes into force. 

I hope this information is helpful to you and your team as the Government of New Brunswick prepares to introduce legislation in the fall of 2022. Many of New Brunswick’s construction firms are eager for implementation of such legislation and continuing to grow the province’s economy. Please do not hesitate to contact me with other questions or should you require further clarification. 

Sincerely,  

Krista Ross, CEO 

Fredericton Chamber of Commerce 

cc: Hon. Blaine Higgs, Premier, Province of New Brunswick 

cc: Hon. Ernie Steeves, Minister of Finance, Province of New Brunswick 

cc: John-Ryan Morrison, Executive Director, Construction Association of New Brunswick 

cc: Julie Pinette, ED, Chaleur Chamber of Commerce 

cc: David Duplisea, CEO, Saint John Region Chamber of Commerce 

cc: John Wishart, CEO, Chamber of Commerce for Greater Moncton 

cc: Cathy Pelletier, ED, Edmundston Region Chamber of Commerce 

cc: Vanessa Coggan, ED, Sussex & District Chamber of Commerce 

cc: Sheri Somerville, CEO, Atlantic Chamber of Commerce 

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