Federal Prompt Payment for Construction Work Act — F-7.7 2
Definitions 2 (1) The following definitions apply in this Act. adjudicator means an individual designated as an adjudicator by the Adjudicator Authority. ( intervenant expert ) Adjudicator Authority means the entity, designated under section 15 , responsible for the designation of adjudicators. ( autorité des intervenants experts ) capital repair means any repair intended to extend the normal useful life or to improve the value or productivity of any real property or immovable, but does not include maintenance or repair work performed to prevent the normal deterioration or to maintain the normal, functional state of the real property or immovable. ( réparation majeure ) construction project means one or more of the following elements required by a contract between a contractor and Her Majesty or a service provider: (a) the addition, alteration or capital repair to, or restoration of, any federal real property or federal immovable; (b) the construction, erection or installation on any federal real property or federal immovable, including the installation of equipment that is essential to the normal or intended use of the federal real property or federal immovable; or (c) the complete or partial demolition or removal of any federal real property or federal immovable. ( projet de construction ) construction work means the supply of materials or services, including the rental of equipment, for the purposes of a construction project located in Canada. ( travaux de construction ) contractor means a party to a contract with Her Majesty or a service provider under which that party is to perform construction work, but does not include such a party if they are the lessor or lessee of the real property or immovable to which the construction work relates. ( entrepreneur ) federal immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act . ( immeuble fédéral ) federal real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act . ( bien réel fédéral ) Her Majesty means Her Majesty in right of Canada. ( Sa Majesté ) Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 3 . ( ministre ) notice of adjudication means a written notice provided under subsection 16 (2). ( avis de renvoi ) notice of non-payment means a written notice provided under subsection 9 (3), 10 (3) or 11 (3). ( avis de non-paiement ) proper invoice means an invoice submitted under subsection 9 (1) that meets the requirements under this Act as well as any other requirements set out in the contract between the contractor and Her Majesty or a service provider that do not conflict with the requirements under this Act. ( facture en règle ) service provider means a party to a contract with Her Majesty under which that party is to provide Her Majesty with services related to federal real property or a federal immovable and may, for the purposes of fulfilling its obligations under that contract, enter into a contract with a person for the carrying out of a construction project, but does not include a party to such a contract if they are the lessor or lessee of the federal real property or federal immovable. ( fournisseur de services ) subcontractor means (a) a party to a contract with a contractor under which that party is to perform construction work; and (b) a party to a contract with any person — other than Her Majesty, a service provider or the contractor — under which that party is to perform construction work for the purposes of the same construction project for which the construction work referred to in paragraph (a) is to be performed. ( sous-traitant ) Employment contract (2) The references to a contract in the definitions contractor , service provider and subcontractor in subsection (1) do not include a contract under which a party is to perform construction work as an employee.