Prompt-Payment Deadlines 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)
In Nova Scotia, the prompt-payment clock runs 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)), enacted but not yet in force. Once a proper invoice is received, an owner must either pay it within 28 days (NS Bill 119 s. 4C(1), by regulation) or deliver a notice of non-payment within 14 days (NS Bill 119 s. 4C(2), by regulation).
Payment then has to cascade down the pyramid: 7 days to pass payment to your subcontractors once you are paid (NS Bill 119 s. 4D(1), by regulation), and a backstop of 35 days at the first tier and 42 days further down the chain to pay them even if the owner has not paid you (NS Bill 119 s. 4D(4), by regulation).
Nova Scotia payment deadlines deadlines
The statutory clocks for this topic in Nova Scotia, with section citations.
| 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 |
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 |
The Nova Scotia payment clock
Nova Scotia gives the owner 28 days from a proper invoice to pay. The only way to hold back payment is to deliver a notice of non-payment inside the shorter 14-day dispute window. Miss that window and the invoiced amount generally becomes payable in full, with interest.
Because every one of these clocks is measured from the date the proper invoice is received, Nova Scotia contractors should record and preserve that date.
Paying your subcontractors in NS
If the owner has not paid, you must still pay your subcontractors out of your own funds, or deliver your own notice of non-payment together with an undertaking to refer the dispute to adjudication. The deadline depends on where you sit in the pyramid: 35 days if you are the contractor billing the owner, 42 days if you are a subcontractor paying your own subcontractor (NS Bill 119 s. 4D(4), by regulation).
Both counts run from the same fixed event, the date the proper invoice was given to the owner, not from the date you were invoiced. A 42-day deadline at the second tier is therefore already 7 days into the chain by the time it reaches you.
What "enacted but not yet in force" means for you
Nova Scotia's framework is enacted but not yet proclaimed, so these day-counts are working assumptions.
Payment deadlines in Nova Scotia: FAQ
How long does an owner have to pay in Nova Scotia?
28 days from receipt of a proper invoice (NS Bill 119 s. 4C(1), by regulation), unless the owner delivers a notice of non-payment within the 14-day dispute window.
Do I still have to pay my subcontractors in Nova Scotia if the owner has not paid me?
Yes. Nova Scotia requires payment to cascade down on a backstop of 35 days at the first tier and 42 days further down the chain (NS Bill 119 s. 4D(4), by regulation), unless you deliver a notice of non-payment down the chain and undertake to refer the dispute to adjudication.
See the full Nova Scotia guide
Every deadline, notice and adjudication rule in one place.