Federal Review on Prompt Payment and Adjudication Now Available

The Government of Canada, through Public Services and Procurement Canada (“PSPC”), announced on August 2, 2018 that the executive summary of the report prepared by Bruce Reynolds and Sharon Vogel of Singleton Urquhart Reynolds Vogel LLP (“Singleton Reynolds”) titled Building a Federal Framework for Prompt Payment and Adjudication, is now public. The executive summary is available here.  The full report is available upon request by making a request here.

Singleton Reynolds was retained in January of this year in order to conduct an expert review which included a series of stakeholder engagement sessions and the development of a recommendations package for the federal government regarding promptness of payment and adjudication in relation to federal construction projects (“Federal Review”).

The team held 55 stakeholder engagement sessions with over 500 participants across Canada between March 6 and April 25, 2018 which resulted in positive dialogue with all levels of the construction pyramid. Following those sessions, formal submissions were received from some stakeholders as well as a variety of letters of support from local associations or member associations’ for submissions made at the national level.

The feedback received became the basis for the recommendations package (in the form of a report), which was delivered to PSPC on June 8, 2018.  The package includes 53 recommendations in relation to the introduction of prompt payment and adjudication legislation.

“It has been an honour to have been involved in this federal initiative and to have had the opportunity to engage with stakeholders and PSPC to create this recommendation package,” said Vogel.

“We’re just starting to see the changes to the Ontario Construction Act roll out,” commented Reynolds, “and the Government of Canada will be moving ahead with its legislation in the Fall. At the same time, other Provinces and Territories are considering the issue of prompt payment and adjudication, and the leadership role undertaken by the federal Government will be an important factor in the evolving situation.”