The Small Business Owner's Guide to Business Loans in Canada

Ontario, Alberta, Saskatchewan and Manitoba all require an owner to pay a contractor's proper invoice within 28 days, or to dispute it in writing within 14 days. Once paid, a contractor has 7 days to pay its subcontractors. The provinces differ on holdback, lien deadlines and which projects are covered: Manitoba's holdback is 7.5% while the others hold back 10%, and Saskatchewan's lien period is still 40 days while the others allow 60.

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These rules are known as prompt payment legislation. They set a clock on construction payments that starts when a contractor delivers a proper invoice, and they give unpaid parties a fast dispute process called adjudication. Each province built its own version, so a contractor working across provincial lines faces different deadlines on each job.

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This guide compares the rules in each province, explains what they mean for a contractor's cash flow, and sets out what to do when a payment is late. It is general information, not legal advice. Check your contract and the current statute, or speak with a construction lawyer, before acting on a specific dispute.

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Prompt payment rules by province at a glance

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Ontario, Saskatchewan and Manitoba apply prompt payment to contracts entered into on or after the in-force date. Alberta also required contracts already in place to comply by August 29, 2024. Alberta's column covers private projects. Contracts with the Government of Alberta follow separate rules, explained below.

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Prompt payment in other jurisdictions

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What these rules mean for a contractor's cash flow

Prompt payment shortens the wait for most of a contractor's money, but it does not remove the wait. Three gaps remain even when every party follows the rules.

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The billing cycle. Proper invoices are usually issued monthly, and Alberta requires one at least every 31 days. Work done early in a billing period is not invoiced until the period ends, and the owner then has 28 days to pay. Materials bought on day one can go unpaid for close to two months.

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The holdback. On a $200,000 contract in Ontario, Alberta or Saskatchewan, the owner retains $20,000. In Manitoba the holdback on the same contract is $15,000. On most projects that money is released only after the lien period expires near completion. Ontario now requires annual release on all contracts, and Alberta requires annual or phased release on contracts over $10 million that run longer than a year.

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Payment down the chain. A subcontractor's 7-day clock starts when the contractor is paid. If the owner pays on day 28, the subcontractor may wait 35 days from the contractor's invoice. In Ontario, Saskatchewan and Manitoba, if the owner does not pay at all, the contractor must still pay its subcontractors by day 35 after it invoiced the owner, unless it gives them a notice of non-payment.

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Meanwhile payroll, equipment rentals and supplier accounts run on their own schedules, often weekly or within 30 days. A busy contractor can be profitable on every job and still be short of cash between invoices. Planning for that gap is part of bidding a job, not an afterthought.

Province-by-province details

Ontario

Ontario's Construction Act introduced prompt payment on October 1, 2019, for public, private and alternative financing and procurement contracts. Amendments in force since January 1, 2026, make an invoice proper unless the owner gives written notice of a deficiency within 7 days.

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The 2026 amendments also require holdback to be released every year. Within 14 days after each contract anniversary, the owner must publish a notice of annual holdback release, then pay the accrued holdback between 60 and 74 days after publication, provided no lien remains undischarged. For contracts entered into before January 1, 2026, annual release begins on the second anniversary after that date. Disputes go to adjudication through the Ontario Dispute Adjudication for Construction Contracts (ODACC), and parties can now also retain private adjudicators qualified by ODACC.

Alberta

Alberta's Prompt Payment and Construction Lien Act has applied to private projects since August 29, 2022. Alberta allows 90 days to register a lien for the supply of ready-mix concrete and for oil or gas well work, longer than the general 60. Late payments carry interest at the contract rate, or the rate in the Judgment Interest Regulation if the contract sets none.

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Contracts with the Government of Alberta entered into on or after April 1, 2025, follow a separate prompt payment process under the Public Works Act. The Crown must pay an undisputed proper invoice within 28 days. Contractors must pay subcontractors within 35 days of receiving the subcontractor's proper invoice, and subcontractors pay their own subcontractors within 42 days. Payment disputes can go to adjudication up to the Court of Justice's monetary limit, currently $200,000. Capital asset upkeep contracts and special scope contracts, where the contractor provides financing, are excluded.

Saskatchewan

Saskatchewan added prompt payment to The Builders' Lien Act on March 1, 2022, for contracts entered into on or after that date. The Act binds the Crown, with exclusions such as highway work, and mining and certain power contracts are exempt. Saskatchewan's lien period is 40 clear days after the triggering event, such as completion or abandonment, which makes it the shortest of the four provinces. Adjudication runs through the Saskatchewan Construction Dispute Resolution Office (SCDRO).

Manitoba

Manitoba's prompt payment rules took effect April 1, 2025, and apply only to contracts entered into on or after that date. The same amendments raised the lien period from 40 to 60 days. Manitoba's holdback is 7.5%, retained for at least 60 days after substantial performance or completion. The Act binds the Crown but excludes Manitoba Hydro contracts for generating stations and related plant, and work under contracts governed by The Infrastructure Contracts Disbursement Act, which include certain provincial highway contracts. Architects' and engineers' fees are also exempt from prompt payment.

What to do when a payment is late

The prompt payment process gives a contractor several remedies short of court. Work through them in parallel, because the lien deadline keeps running while you pursue the others.

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1. Confirm your invoice was proper. The 28-day clock only starts on a proper invoice, which must include the details the statute lists, such as the invoice date, the work period, the amount and payment terms. In Ontario, an owner who finds a deficiency must now say so within 7 days.
2. Check for a notice of non-payment. If the owner disputes the invoice, it must give written notice within 14 days stating the amount withheld and why. Any undisputed amount is still due within 28 days.
3. Track interest. Unpaid amounts accrue interest in all four provinces. Saskatchewan and Manitoba use the prejudgment rate, or the contract rate if higher. Alberta uses the contract rate, or the Judgment Interest Regulation rate if the contract sets none.
4. Start adjudication. For a disputed amount, a contractor can refer the dispute to the province's adjudication body. Adjudication is designed to resolve payment disputes faster than court, and the decision must be followed unless a court or arbitrator later decides otherwise.
5. Protect your lien rights. Register a lien within the provincial period (60 days in Ontario, Alberta and Manitoba; 40 clear days in Saskatchewan) or lose the right. Ontario extends the lien period in some cases where adjudication has started, but get legal advice before relying on an extension.

Covering costs while you wait to be paid

Prompt payment sets a deadline, but contractors still carry materials, payroll and holdback for weeks on every project. Before bidding, map when each invoice will be paid and when each major cost falls due. Negotiate deposits or mobilization payments where you can, and invoice on the first day the contract allows.

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When the gap is still too wide, working capital can bridge it. A merchant cash advance from 2M7 Financial Solutions provides funding based on a business's revenue, with no collateral required, and repayment can be set as a percentage of sales. 

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See how contractors use it on the construction funding page or see what options fit your project schedule.

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Frequently asked questions

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How long does an owner have to pay a contractor in Ontario?

An Ontario owner must pay a contractor's proper invoice within 28 days of receiving it, unless it gives a notice of non-payment within 14 days. Undisputed amounts are still due within 28 days.

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Does Alberta have prompt payment legislation?

Yes. Alberta's Prompt Payment and Construction Lien Act has applied to private projects since August 29, 2022, and owners have 28 calendar days to pay a proper invoice. Contracts with the Government of Alberta entered into on or after April 1, 2025, follow a separate prompt payment process under the Public Works Act.

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Does British Columbia have prompt payment legislation?

BC's Construction Prompt Payment Act received royal assent on November 27, 2025, but is not yet in force. Once in force, owners will have 28 days to pay a proper invoice.

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What is the holdback percentage in each province?

The holdback is 10% in Ontario, Alberta and Saskatchewan, and 7.5% in Manitoba.

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How long do I have to register a construction lien?

The lien period is 60 days in Ontario, Alberta and Manitoba, and 40 clear days in Saskatchewan. Alberta allows 90 days for the supply of ready-mix concrete and for oil or gas well work.

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How fast must a contractor pay its subcontractors?

In Ontario, Alberta, Saskatchewan and Manitoba, a contractor must pay its subcontractors within 7 days of receiving payment from the owner, unless it gives a notice of non-payment. In Ontario, Saskatchewan and Manitoba, a contractor that has not been paid must still pay its subcontractors by day 35 after invoicing the owner, unless it gives a notice of non-payment.

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What is construction adjudication?

Adjudication is a fast dispute process for construction payment disputes, run by a provincial body such as ODACC in Ontario. The adjudicator's decision is binding on an interim basis, which means it must be followed unless a court or arbitrator later decides otherwise.

Sources

Checked October 13, 2026.

• Ontario Construction Act, R.S.O. 1990, c. C.30
• Ontario Ministry of Transportation: Prompt Payment Administration Manual
• Ontario Bar Association: Key 2026 amendments (January 15, 2026)
• Osler: Ontario Construction Act amendments now in effect (March 2, 2026)
• Canadian Bar Association: Changes to the Ontario Construction Act
• Ontario Dispute Adjudication for Construction Contracts (ODACC)
• Government of Alberta: Prompt payment rules for the construction industry
• Government of Alberta: Extending prompt payment to the Public Works Act (May 15, 2025)
• Alberta Land Titles: Construction lien checklist
• Bennett Jones: Prompt payment legislation in Alberta
• McMillan: Alberta's Prompt Payment and Construction Lien Act (August 30, 2022)
• Saskatchewan: The Builders' Lien Act (consolidated)
• Saskatchewan: The Builders' Lien (Prompt Payment) Amendment Act, 2019
• Manitoba: The Builders' Liens Act, C.C.S.M. c. B91
• Manitoba Prompt Payment Adjudication Authority
• Federal Prompt Payment for Construction Work Act, S.C. 2019, c. 29, s. 387
• Order Designating Provinces Under Subsection 6(1) of the Federal Prompt Payment for Construction Work Act
• Government of British Columbia: Prompt payment legislation (updated August 20, 2026)
• McCarthy Tétrault: Québec adopts prompt payment regulation (September 8, 2025)
• Osler: Canadian prompt payment and construction law reforms (updated March 30, 2026)

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