Prompt Payment

Government-Industry Working Group on Prompt Payment

In October of 2015, the CCA board of directors passed a resolution calling upon CCA to work to “educate the federal government on the importance of prompt payment and cash flow on federal construction projects, and work together to resolve any concerns, which may include the enactment of federal prompt payment legislation acceptable to the industry.”

A CCA taskforce was struck for this purpose and at the annual joint CCA-Government of Canada meeting in April of 2016, the major federal government construction contracting authorities, (i.e. Public Services and Procurement Canada – PSPC and Defence Construction Canada – DCC), agreed to establish a joint Government-Industry Working Group to achieve this purpose.

That working group held its first face-to-face meeting in August of 2016 and has been meeting since.

The working group has identified the participants, purpose, scope and objectives of its deliberations in a document entitled the Engagement Strategy.

The working group has also prepared a brief Interim Status Report as well as an Action Plan that describes the various activities and subject areas the working group is addressing.

CCA Policy Statement on Payment

The CCA board adopted in September of 2016 a new CCA policy statement (4.15) on payment that was crafted by the CCA taskforce. It reads as follows:

“CCA advocates contractual payment and related terms that are fair, reflecting the industry consensus expressed in CCDC and CCA standard documents. Further, CCA advocates that project owners, prime contractors, subcontractors, suppliers, payment certifiers and other stakeholders in the payment chain comply with all statutory/legal requirements and honour commitments and contractual obligations on time, and in the spirit of the following general principles:

  1. Contracting parties, both payers and payees, should be responsible for understanding all agreed contractual terms affecting obligations to make and entitlement to receive payment; and
  2. Project owners should share with others in a project payment chain the dates on which they make payments to prime contractors to enable parties to comply with and benefit from contract payment provisions with confidence.

While CCA supports free competitive enterprise and individual freedom (CCA Policy Statement 1.1), CCA does not object in principle to the use of effective regulation and legislation where there is broad industry consensus that this is necessary in specific circumstances in order to correct imbalances or preserve an efficient and productive economic and commercial environment for the benefit of the whole construction industry.”