The Builders’ Lien (Prompt Payment) Amendment Act introduced the prompt payment structure to Saskatchewan by amending the Builder’s Lien Act (the “Act”) in May of 2019 but Saskatchewan’s prompt payment scheme was not proclaimed into force until March 1, 2022 when the Saskatchewan Construction Dispute Resolution Office (“SCDRO”) was designated as the Adjudicative Authority under the Act. The Act establishes payment timelines for construction projects down the supply chain and introduce an alternative to court with the dispute resolution process overseen by SCDRO. Architects, engineers and land surveyors and persons supplying services or materials in relation to a mine or mineral resource (other than oil and gas) as well as in relation to an improvement to SaskPower’s electrical power generation and distribution infrastructure are exempt from the Act.   

Since August 2022, under the Prompt Payment and Construction Lien Act (the “Act”, formerly known as the Alberta’s Builders’ Lien Act), a number of major changes have been introduced that actors in the construction sector should be aware of, including strict statutory payment deadlines, extended lien registration periods, and a new non-judicial dispute resolution process. The Act now has specific prompt payment rules such as mandatory invoicing and payment scheme, enhanced access to information rights, longer holdback periods and a new adjudication process.