Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim

The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside of its contractual rights from the party it contracted with on public projects that otherwise may not be lienable. This is […] Read More
September 10, 2019

Cutting the Red Tape? New Condo Regulations are on Hold for Further Review

On July 1, 2019, the Government of Alberta announced that the revised Regulations and amendments to the Condominium Property Act that were scheduled to come into force that day have been placed on hold until January 1, 2020. In a recent statement, Nate Glubish, Minister of Service of Alberta, stated that the delay was necessary […] Read More
July 24, 2019

Fairness is in the Eye of the Beholder in the Tender Process

The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been developed, with varying levels of adherence to the traditional tender model. These models allow someone putting a project out for bid to include […] Read More
July 24, 2019

Tax Incentive Amendments to the Municipal Government Act

New revisions to the Municipal Government Act (the “MGA“) aim to grant municipalities the ability to offer tax incentives to encourage business investment. Bill 7 the Municipal Government (Property Tax Incentives) Amendment Act (“Bill 7“) received Royal Assent and came into force on June 28, 2019. At its core, Bill 7 aims to help local […] Read More

What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened

Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of those lands in default of payment of the lien. However, not all lands […] Read More

Mining Incentive Program Aims to Stimulate Mining Industry in NWT

The Government of the Northwest Territories (the “GNWT“) Mining Incentive Program (the “Program“) provides funding to prospectors and exploration companies who carry out mineral exploration work in the NWT. Under the Program, mineral exploration companies licensed to operate in the NWT can apply for up to $200,000 in funding and prospectors licensed to operate in […] Read More
March 20, 2019

Show me the Money! Timing the Release of Holdback

In Alberta, where a contractor is of the opinion that the work under its contract is substantially performed, the contractor may issue and deliver to the owner a certificate of substantial performance (“CSP”) in respect of the contract. Taking this step allows a contractor to receive payment of the statutory 10% holdback prior to its […] Read More

Tick-Tock Goes the Lien Clock

Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, before the template Order came into existence, this requirement was regularly seen in s.48 Orders in order to […] Read More

Carbon Tax in the Northwest Territories: What You Need to Know

A carbon tax is coming to the Northwest Territories (the “NWT“). The Government of the Northwest Territories (the “GNWT“) recently announced their plan to implement a made in the north NWT Carbon Tax designed and administered in the NWT in accordance with the federal government’s Pan-Canadian Framework on Clean Growth and Climate Change (the “Federal […] Read More
November 26, 2018
Tax

Recent Changes to the Condominium Property Act of Alberta

In January and April of 2018, the Condominium Property Act of Alberta (the “CPA”) was extensively amended, and further changes will be coming in the future. These current amendments will affect all developers and purchasers of new condominiums in Alberta. Statutory Language The CPA has for years required that all agreements to sell a new […] Read More
October 18, 2018