New Brunswick Prompt Payment Act Guide
New Brunswick enacted the Construction Prompt Payment and Adjudication Act in 2023. It received Royal Assent on June 16, 2023 but is awaiting proclamation, and its notice forms and adjudication procedure will be finalized when the regulations issue. This guide distinguishes the enacted framework from obligations already in force.
Getting ready now means you can act the day the Act is proclaimed.
Construction Prompt Payment and Adjudication Act
SNB 2023, c. 15
Not yet proclaimed
Enacted, awaiting regulations
To be designated
New Brunswick prompt-payment deadlines at a glance
Each clock below runs from the event its own section names, computed in New Brunswick's local time with statutory rollover for the province's holidays. Every row cites the section it comes from, where the province has one.
| Clock | Value | Statute |
|---|---|---|
Owner payment due Days from a proper invoice until the owner must pay or deliver a notice of non-payment. NB CPPAA Section 10 | 28 days | NB CPPAA Section 10 |
Notice of non-payment window Window to dispute an invoice. Miss it and the amount is generally payable in full. NB CPPAA Section 11 | 14 days | NB CPPAA Section 11 |
Deemed-proper review window This province has no deemed-proper-invoice provision. | No statutory rule | Not applicable |
Pay your subcontractors After being paid, days to pass payment down to subcontractors. NB CPPAA Section 12 | 7 days | NB CPPAA Section 12 |
Pay subs even if unpaid If the owner has not paid, subs must still be paid by this day when you are the contractor billing the owner, or 42 days when you are a subcontractor paying your own subcontractor, or the matter referred to adjudication. NB CPPAA Section 12 | 35 days | NB CPPAA Section 12 |
Undertaking to adjudicate When refusing to pass payment down, the payer must undertake to refer the dispute to adjudication within this window. NB CPPAA Section 12 | 21 days | NB CPPAA Section 12 |
Adjudication referral window A dispute cannot be referred to adjudication once the contract is complete. There is no grace period after completion, so refer before the work finishes or the remedy is gone. NB CPPAA Section 23 | Until the contract is complete | NB CPPAA Section 23 |
Adjudicator determination Days for the adjudicator to issue a binding determination after receiving the claimant's documents. NB CPPAA Section 28 | 30 days | NB CPPAA Section 28 |
Comply with determination Days to pay an amount ordered by an adjudicator. NB CPPAA Section 29 | 10 days | NB CPPAA Section 29 |
Holdback retained Percentage of each payment retained as statutory holdback to protect lien claimants. NB Construction Remedies Act Section 47 | 10% | NB Construction Remedies Act Section 47 |
Holdback release period Period that must run before holdback may be released. NB Construction Remedies Act Section 47 | 60 days | NB Construction Remedies Act Section 47 |
Lien filing window Days to preserve or register a construction lien before the right expires. NB Construction Remedies Act Sections 59-61 | 60 days | NB Construction Remedies Act Sections 59-61 |
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New Brunswick prompt-payment FAQ
Is New Brunswick's prompt-payment Act in force?
Not yet. The CPPAA (SNB 2023, c. 15) received Royal Assent on June 16, 2023 but awaits proclamation. Its future procedure remains subject to commencement and supporting regulations.
When does the prompt-payment clock start?
It starts when a proper invoice is received by the payer. If the invoice is missing required information, it may not qualify as a proper invoice and the clock may not start until the defect is cured.
What happens if a notice of non-payment is late?
A late notice is generally treated as if no notice was given, so the full invoiced amount becomes payable, usually with interest from the date payment was due.