Notice of Non-Payment in Nova Scotia
Under the 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)
A notice of non-payment is the only way a payer can refuse, in whole or in part, to pay a proper invoice in Nova Scotia without losing the dispute. It must be delivered within 14 days (NS Bill 119 s. 4C(2), by regulation) and must give the specific reasons for non-payment.
One of the forms carries a mandatory undertaking to refer the dispute to adjudication within 21 days (NS Bill 119 s. 4D(5)(a)(iii), by regulation).
Nova Scotia notice of non-payment deadlines
The statutory clocks for this topic in Nova Scotia, with section citations.
| Clock | Value | Statute |
|---|---|---|
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 |
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 |
The Nova Scotia dispute window is 14 days
The notice-of-non-payment window in Nova Scotia is shorter than the owner-payment window. A notice delivered after the 14-day window closes (NS Bill 119 s. 4C(2), by regulation) is generally treated as no notice at all, and the invoiced amount becomes payable in full.
The forms and the undertaking to adjudicate
Nova Scotia's prescribed notice forms will be finalized when its regulations issue.
When a contractor withholds payment from a subcontractor because the owner has not paid, the notice must include an undertaking to refer the dispute to adjudication within 21 days (NS Bill 119 s. 4D(5)(a)(iii), by regulation).
Reasons must be specific
A valid Nova Scotia notice states the amount being withheld and the specific reasons for non-payment. Vague or boilerplate reasons can render the notice ineffective, so the wording matters as much as the timing.
Notice of non-payment in Nova Scotia: FAQ
How long do I have to dispute an invoice in Nova Scotia?
14 days from receipt of the proper invoice (NS Bill 119 s. 4C(2), by regulation). A late notice of non-payment generally means the full amount becomes payable.
Does a Nova Scotia notice of non-payment require an undertaking to adjudicate?
When a contractor passes non-payment down to a subcontractor because the owner has not paid, yes: the notice must undertake to refer the dispute to adjudication within 21 days (NS Bill 119 s. 4D(5)(a)(iii), by regulation).
See the full Nova Scotia guide
Every deadline, notice and adjudication rule in one place.