GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) — Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances)
bank rate means the rate of interest established periodically by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to members of the Canadian Payments Association. ( taux d’escompte )
Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) — 5
Prescribed circumstances 5 An adjudicator is not required to determine a dispute in the following circumstances: (a) the dispute they were to determine has been consolidated with another dispute and another adjudicator has been appointed to determine the consolidated disputes; (b) their appointment is revoked by agreement of all the parties; (c) they have a conflict of interest; or (d) it has been determined, to the satisfaction of the Adjudicator Authority, that they are no longer able to adjudicate the dispute.
Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) — Coming into force
Coming into force * 6 These Regulations come into force on the day on which section 387 of the Budget Implementation Act, 2019, No. 1 , chapter 29 of the Statutes of Canada, 2019, comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force December 9, 2023, see SI/2023-77.]
Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act — a
Whereas, under subsection 6(1) of the Federal Prompt Payment for Construction Work Act a , the Governor in Council is of the opinion, taking into account the criteria set out in section 2 of the Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) , that the designated provinces have, by or under their laws, enacted. a S.C. 2019, c. 29, s. 387
Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act — a)
a) a regime for the payment of contractors and subcontractors that is reasonably similar to the one set out in that Act; and
Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act — b)
b) in case of non-payment of contractors or subcontractors, an adjudication regime that is reasonably similar to the one set out in that Act;
Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act — a
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, under subsection 6(1) of the Federal Prompt Payment for Construction Work Act a , makes the annexed Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act . a S.C. 2019, c. 29, s. 387
Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act — 1
Designated provinces 1 The following provinces are the designated provinces under subsection 6(1) of the Federal Prompt Payment for Construction Work Act : (a) Ontario; (b) Saskatchewan; (c) Alberta.
Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act — Coming into force
Coming into force * 2 This Order comes into force on the day on which section 387 of the Budget Implementation Act, 2019, No. 1 , chapter 29 of the Statutes of Canada, 2019, comes into force, but if it is registered after that day, it comes into force on the day on which it is registered. * [Note: Regulations in force December 9, 2023, see SI/2023-77.]
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — a
The Minister of Public Works and Government Services, under section 22 of the Federal Prompt Payment for Construction Work Act a , makes the annexed Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) . a S.C. 2019, c. 29, s. 387
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)
Gatineau, November 10, 2023 Le ministre des Travaux publics et des Services gouvernementaux Jean-Yves Duclos Minister of Public Works and Government Services
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Federal Prompt Payment for Construction Work Act . ( Loi ) party means a party to a dispute. ( partie )
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)
Act means the Federal Prompt Payment for Construction Work Act . ( Loi )
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — Federal Prompt Payment for Construction Work Regulations (Dispute Resolution)
party means a party to a dispute. ( partie )
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 2
Proper invoice 2 In addition to meeting any requirements under the Act or set in the contract, a proper invoice must include the following information: (a) the date of the invoice and the name, street and mailing address, telephone number and email address of the contractor that performed the construction work; (b) the period during which the materials or services were supplied; (c) the contract number or other authorization under which the materials or services were supplied; (d) a description, including the quantity, if applicable, of the materials or services supplied; (e) the amount payable for the services or materials supplied and the payment terms; and (f) the name, title, street and mailing address, telephone number and email address of the person to which payment must be made.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 3
Notice of non-payment 3 A notice of non-payment must indicate, in addition to the information set out in section 13 of the Act, the amount to be paid that is not in dispute.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 4
Adjudicator Authority — powers, duties and functions 4 The Adjudicator Authority has the following powers, duties and functions: (a) develop and provide initial training and continuing education for adjudicators; (b) issue, renew, suspend or cancel certifications for adjudicators; (c) ensure that adjudicators meet all eligibility and criteria set out in these Regulations; (d) maintain a publicly accessible list of adjudicators, including their qualifications; (e) establish and maintain a fee schedule that reflects the experience of the adjudicator and the complexity of the dispute; (f) regulate the conduct of adjudicators, including by establishing a code of conduct; (g) address complaints against adjudicators respecting breaches of the code of conduct, including by establishing a complaints procedure; (h) consider the circumstances in which an adjudicator is not required to determine a dispute under paragraph 5(d) of the Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) ; and (i) if an adjudicator can no longer determine a dispute for one of the circumstances set out in section 5 of the Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) , appoint their replacement.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 5
Adjudicator — eligibility and qualifications 5 An individual must meet the following eligibility criteria in order to be designated as an adjudicator: (a) they must be an accredited member in good standing with the Adjudicator Authority; (b) they must have at least 10 years of relevant working experience in the construction industry; (c) they must not have been convicted of an indictable offence in Canada or of a comparable offence outside of Canada; (d) they must not be an undischarged bankrupt; and (e) they must have the appropriate level of security clearance to address the dispute.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 6
Adjudicator — powers, duties and functions 6 (1) An adjudicator has the following powers, duties and functions: (a) determine matters in the dispute in an impartial and independent manner; (b) not have any conflicts of interest in the dispute or with the parties; (c) ascertain the relevant facts and law; (d) issue directions respecting the scheduling of the conduct of the adjudication; (e) issue directions respecting any restrictions on the length of written or oral submissions; (f) request that any party provide any documents supporting or supplementing the notice of adjudication; (g) meet and question any of the parties and their representatives; (h) on consent of the parties and subject to any third-party consents, make any site visits or inspections; (i) on consent of the parties and subject to any third-party consents, carry out any tests or experiments; (j) on consent of the parties, appoint any experts or assessors necessary to better determine any fact or issue in the dispute; (k) draw inferences based on the conduct of the parties prior to and during the adjudication; and (l) issue any other directions so as to promote the expeditious resolution of the adjudication. Other powers (2) If a party does not comply with any request or direction issued by the adjudicator, the adjudicator may continue the adjudication in the absence of that party and make a decision on the basis of any available information or evidence.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 7
Single adjudicator 7 A single adjudicator is to be appointed to determine each dispute.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 8
Computation of time 8 The following periods are excluded from the computation of time in these Regulations: (a) any holiday as defined in subsection 35(1) of the Interpretation Act ; (b) Saturdays; (c) the nine-day period beginning on December 24 and ending on January 1; and (d) any construction holiday that is recognized by any provincial government.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 9
Electronic provision of documents 9 Any document required by these Regulations must be provided by electronic means.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 10
One matter per adjudication 10 Subject to section 11 , each adjudication must address only one matter.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 11
Consolidated adjudication 11 (1) If related disputes are the subject of separate adjudications, the parties may agree to have those adjudications consolidated and determined by a single adjudicator in which case they must inform the adjudicators concerned. Consolidation required by contractor (2) Despite subsection (1), if the parties to each of the adjudications do not agree to consolidated adjudication, a contractor may require the consolidation of disputes by informing the parties and the adjudicators concerned. Appointment of adjudicator (3) When disputes are consolidated, the following rules apply to the appointment of an adjudicator: (a) an adjudicator appointed to adjudicate a dispute that is consolidated is considered to have resigned from the adjudication as of the date on which they are informed that it is consolidated; and (b) an adjudicator who is considered to have resigned under paragraph (a) may be appointed or another adjudicator may be appointed under section 13 , 14 or 15 as the adjudicator for the consolidated adjudication.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 12
Representation 12 A party may act in person or be represented by legal counsel or by another representative.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 13
Joint appointment of adjudicator 13 (1) The parties seeking to jointly appoint an adjudicator to request that they determine a dispute must communicate, in writing, with that adjudicator within four days after the day on which the notice of adjudication referred to in subsection 16(2) of the Act is received. Consent or refusal (2) The adjudicator must provide their consent or refusal to the parties, in writing, within four days after the day on which the request for adjudication referred to in subsection (1) is received.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 14
New adjudicator 14 (1) If an adjudicator refuses their joint appointment under subsection 13 (2), the parties may agree to make a request, in writing, to another adjudicator that they determine the dispute. Consent or refusal (2) The new adjudicator must provide their consent or refusal to the parties, in writing, within four days after the day on which the request for adjudication referred to in subsection (1) is received.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 15
Appointment by Adjudicator Authority 15 (1) If the parties cannot jointly appoint an adjudicator, either party may request, in writing, that the Adjudicator Authority appoint one. Appointment of adjudicator (2) The Adjudicator Authority has five days after the day on which the appointment request is received to appoint an adjudicator. Informing parties (3) The Adjudicator Authority must, within two days after the day on which the adjudicator is appointed, inform the parties of the date of that adjudicator’s consent to their appointment, as well as their name, street and mailing address, telephone number and email address.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 16
Documents sent to adjudicator 16 Within the five days after the day on which consent referred to in subsections 13 (2), 14 (2) or 15 (3) is received, the party that provided the notice of adjudication must send the following documents to the adjudicator and to the other parties: (a) a copy of the notice of adjudication; (b) a written statement of the facts on which it intends to rely; and (c) copies of all documents on which it intends to rely, including if, applicable, all relevant extracts from the construction contract.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 17
Steps to follow 17 On receipt of the documents referred to in section 16 , the adjudicator must inform each party, in writing, of the steps to be followed in the adjudication process.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 18
Response 18 The party to which the notice of adjudication was provided and that intends to respond has 20 days after the day on which the documents referred to in section 16 are received to send to the adjudicator and every other party (a) a written statement of the facts on which it intends to rely; and (b) copies of any material it wishes the adjudicator to consider.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 19
Appointment of new adjudicator 19 If the adjudicator can no longer determine the dispute for any of the circumstances set out in section 5 of the Federal Prompt Payment for Construction Work Regulations (Criteria, Time Limits, Interest and Circumstances) , a new adjudicator must be appointed in accordance with the procedure established under section 13 , 14 or 15 of these Regulations.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 20
Termination of dispute 20 The parties may, upon agreement, at any time following the notice of adjudication but before the adjudicator makes a determination, terminate the dispute.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 21
Information considered 21 The adjudicator must consider any relevant information submitted by the parties and must make available to them any other information that the adjudicator considers in making a determination.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 22
Time limit for determination 22 (1) Subject to subsection (2), the adjudicator must make a determination no later than 20 days after the day on which the response referred to in section 18 is received or, if there is no response, no later than 20 days after the day on which it was to be provided under that section. Extension (2) The time limit referred to in subsection (1) may be extended for up to five days by the adjudicator, or for a longer period with the consent of all parties and of the adjudicator.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 23
Format and content 23 The adjudicator must render a written determination with reasons.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 24
Provision of determination 24 The adjudicator must, without delay after a determination is made, provide a copy of it to all the parties.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 25
Certified copy 25 The adjudicator must also, no later than five days after the day on which a determination is made, provide a certified copy of it to all parties.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — 26
Minor corrections 26 (1) Within five days after the day on which the determination is provided, an adjudicator may, on their own or on the written request of a party, make any changes to the determination as may be necessary to correct a typographical or similar error. Provision of corrected determination (2) An adjudicator who makes a change to a determination under subsection (1) must (a) provide the parties with a copy of the corrected determination on the day the change is made; and (b) provide the parties with a certified copy of the corrected determination no later than five days after the making of the change.
Federal Prompt Payment for Construction Work Regulations (Dispute Resolution) — S.C. 2019, c. 29
S.C. 2019, c. 29 * 27 These Regulations come into force on the day on which section 387 of the Budget Implementation Act, 2019, No. 1 comes into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force December 9, 2023, see SI/2023-77.]
Online News Act Application and Exemption Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, makes the annexed Online News Act Application and Exemption Regulations under section 84 of the Online News Act a . a S.C. 2023, c. 23
Online News Act Application and Exemption Regulations — 1
Definition of Act 1 In these Regulations, Act means the Online News Act .
Online News Act Application and Exemption Regulations — 2
Imbalance — factors 2 For the purposes of section 6 of the Act, there is a significant bargaining power imbalance between an operator and news businesses only if, (a) with respect to the factor set out in paragraph 6(a) of the Act, the operator’s total revenue from all sources in the previous calendar year is greater than $1 billion; and (b) with respect to the factors set out in paragraphs 6(b) and (c) of the Act, the digital news intermediary in question is one of the following online communications platforms: (i) a search engine that, during the previous calendar year, had an average of at least 20 million unique visitors in Canada per month, (ii) a social media service that, during the previous calendar year, had an average of at least 20 million active users in Canada per month.
Online News Act Application and Exemption Regulations — 3
Notification of Commission 3 An operator that is required to notify the Commission under subsection 7(1) of the Act must do so within 180 days after the day on which the Act begins to apply in respect of the digital news intermediary.
Online News Act Application and Exemption Regulations — 4
Conditions 4 (1) The following are, for the purposes of paragraph 11(1)(b) of the Act, conditions for the making of an exemption order: (a) the operator carried out, before requesting the exemption, an open call process in relation to the digital news intermediary, in which (i) the operator published for a period of at least 60 days — and requested that the Commission make available on its website for the same period — a notice indicating that all news businesses that could be designated as eligible under section 27 of the Act and that wished to obtain compensation from the operator should respond to the notice, either individually or as a group of news businesses, to convey that wish, (ii) the operator provided news businesses and groups of news businesses with a period of at least 60 days to respond to the notice, and (iii) as soon as possible after the end of the period referred to in subparagraph (ii), the operator published — and requested that the Commission make available on its website — a list of the news businesses that responded to the notice, either individually or as a group of news businesses, that identifies, if applicable, the group of news businesses through which each responded; (b) the operator has provided the Commission with any information relevant to the making of the exemption order, including a list of the news businesses that responded to the notice, whether individually or as part of a group of news businesses, within the period set out in that notice and from which the operator has received an attestation referred to in paragraph 5 (a), as well as a list of the news outlets operated by each of those news businesses in respect of which the operator has received an attestation referred to in paragraph 5 (b); and (c) the agreements referred to in paragraph 11(1)(a) of the Act set out the dollar value of any portion of the compensation that they provide for that consists of non-monetary contributions. Request for information (2) For greater certainty, for the purpose of complying with paragraph (1)(b), the operator may request relevant information from news businesses and groups of news businesses, including information in respect of the news outlets operated by those news businesses.
Online News Act Application and Exemption Regulations — 5
Interpretation of criteria — attestations 5 When interpreting subparagraphs 11(1)(a)(i) to (viii) of the Act, the Commission must consider the impact of the agreements on only the following news businesses and news outlets: (a) news businesses that have provided an attestation to the operator indicating that (i) they could be designated as eligible under section 27 of the Act, and (ii) they operate a news outlet that is operated exclusively for the purpose of producing news content referred to in subsection 31(2) of the Act or that is a news outlet referred to in subsection 31(2.1) of the Act, whose news content is made available by the digital news intermediary in question; and (b) news outlets that are operated by a news business that has provided an attestation to the operator indicating that (i) the news business could be designated as eligible under section 27 of the Act, (ii) the news outlets are operated exclusively for the purpose of producing news content referred to in subsection 31(2) of the Act or are news outlets referred to in subsection 31(2.1) of the Act, and (iii) the news outlets’ news content is made available by the digital news intermediary in question.