Nova Scotia Prompt Payment Law Guide
Nova Scotia's prompt-payment amendments to the Builders' Lien Act were passed as Bill 119 (SNS 2019, c. 12) and received Royal Assent on April 12, 2019; the adjudication amendments followed as Bill 211 (SNS 2022, c. 43). Neither is proclaimed and the regulations that would carry the day counts have not been made, so the framework is not yet operative.
This guide explains the proposed prompt-payment framework separately from the lien and holdback law already in force. Unprescribed prompt-payment day counts are not current legal deadlines.
Builders' Lien Act (prompt payment and adjudication amendments, SNS 2019, c. 12 and SNS 2022, c. 43)
RSNS 1989, c. 277 (am. SNS 2019, c. 12 and SNS 2022, c. 43, not proclaimed)
Not yet proclaimed
Enacted, awaiting regulations
To be designated
Nova Scotia prompt-payment deadlines at a glance
Each clock below runs from the event its own section names, computed in Nova Scotia'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. NS Bill 119 Section 4C | 28 days | NS Bill 119 Section 4C |
Notice of non-payment window Window to dispute an invoice. Miss it and the amount is generally payable in full. NS Bill 119 Section 4C | 14 days | NS Bill 119 Section 4C |
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. NS Bill 119 Section 4D | 7 days | NS Bill 119 Section 4D |
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. NS Bill 119 Section 4D | 35 days | NS Bill 119 Section 4D |
Undertaking to adjudicate When refusing to pass payment down, the payer must undertake to refer the dispute to adjudication within this window. NS Bill 119 Section 4D | 21 days | NS Bill 119 Section 4D |
Adjudication referral window Time after the contract is complete to refer a dispute to adjudication. Refer later and the referral is a nullity. NS Builders' Lien Act Section 4J (SNS 2019, c. 12; re-enacted SNS 2022, c. 43, Section 7), Sections 4L-4M; commencement by regulation under Section 48 | 90 days after completion | NS Builders' Lien Act Section 4J (SNS 2019, c. 12; re-enacted SNS 2022, c. 43, Section 7), Sections 4L-4M; commencement by regulation under Section 48 |
Adjudicator determination Days for the adjudicator to issue a binding determination after receiving the claimant's documents. NS Builders' Lien Act Section 4J; procedure by regulation under Section 48 | 30 days | NS Builders' Lien Act Section 4J; procedure by regulation under Section 48 |
Comply with determination Days to pay an amount ordered by an adjudicator. NS Builders' Lien Act Section 4N (SNS 2022, c. 43); payment and enforcement by regulation under Section 48 | 10 days | NS Builders' Lien Act Section 4N (SNS 2022, c. 43); payment and enforcement by regulation under Section 48 |
Holdback retained Percentage of each payment retained as statutory holdback to protect lien claimants. NS Builders' Lien Act Section 13 | 10% | NS Builders' Lien Act Section 13 |
Holdback release period Period that must run before holdback may be released. NS Builders' Lien Act Section 13 | 60 days | NS Builders' Lien Act Section 13 |
Lien filing window Days to preserve or register a construction lien before the right expires. NS Builders' Lien Act Section 24 (current) | 60 days | NS Builders' Lien Act Section 24 (current) |
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Nova Scotia prompt-payment FAQ
Is prompt payment in force in Nova Scotia?
Not yet. Bill 119 (SNS 2019, c. 12) received Royal Assent on April 12, 2019 and Bill 211 (SNS 2022, c. 43) on November 9, 2022, but neither is proclaimed and the regulations needed to bring the prompt-payment and adjudication framework into operation have not been made.
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.