On July 18, 2018, Regulation 8.01 of the Act respecting contracting by public bodies (CQLR c C-65.1) was adopted by the Government of Quebec (the “Regulation”). The Regulation applies to public-sector construction contracts and related subcontracts, to the extent that such contracts or subcontracts arise from any of the 180 infrastructure projects listed in Schedule I of the Act respecting the acceleration of certain infrastructure projects (CQLR c A-2.001). The Regulation has two components: the establishment of a prompt payment regime and an accelerated dispute resolution process (adjudication). 

Importantly and unlike the other jurisdictions noted in this Toolkit, Quebec’s prompt payment and adjudication regime applies to only certain public-sector projects, and not more generally to all construction projects in the province.

The payment schedule is monthly and has fixed dates. Its objective is to make all the parties involved accountable.  

Ultimately, this project has confirmed the need for a cultural shift towards a more collaborative process. In addition, more attention must be paid to dispute resolution clauses involving different dispute prevention and resolution processes (DRP) that can be deployed in real time and at the most appropriate times during the project.