The 2019 prompt-payment amendments (2019, c. 12) and 2022 adjudication amendments (2022, c. 43) are listed as not proclaimed in the official statute table checked for this edition. The government's implementation page describes regulations still being developed. The existing Builders' Lien Act continues to govern current lien and holdback rights. Do not turn anticipated regulation-based payment periods into current legal deadlines.

Prompt-payment framework not in force

Existing lien and holdback obligations have their own scope and status. Read the relevant topic before using a figure.

Deadlines and reference points

Read the trigger and conditions with the figure. These are statutory reference points, not calculated dates for your project.

Owner payment dueNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Notice of non-payment windowNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Deemed-proper review windowNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Pay your subcontractorsNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Pay subs even if unpaidNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Undertaking to adjudicateNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Adjudication referral windowNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Adjudicator determinationNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Comply with determinationNot operative — regulations required

The prompt-payment framework is not operative. Do not use a working-model number as a current obligation. Existing contract, lien and holdback duties remain separate.

Read the source and commencement status
Holdback retained10%

Apply the statutory calculation base to qualifying work, services or materials. Track main and finishing funds and any separate contractual retention.

NS Builders' Lien Act s. 13(2) (60 days), s. 13(6) (release), s. 13(8) (interest after 65 days) (current)
Holdback release period60 days

The main period runs from substantial performance under section 13, with a separate fund for remaining work. Check claims and the statutory conditions before release.

NS Builders' Lien Act s. 13(2) (60 days), s. 13(6) (release), s. 13(8) (interest after 65 days) (current)
Lien filing window60 days

Section 24 generally uses 60 days: completion or abandonment for a contractor or subcontractor, last furnishing or placing for materials, completion of services, or last work for wages. Section 24(5) provides a special final-certificate branch for certain contractor claims. Check the specific category; do not calculate from an anticipated prompt-payment notice or an invoice due date.

NS Builders' Lien Act s. 24 (current)
01

Proper invoices and delivery

The amendments contemplate a proper-invoice system with details to be prescribed. Ontario-derived 28-day, 14-day or seven-day assumptions are not a substitute for Nova Scotia regulations and commencement. Continue to follow the actual contract's billing requirements and preserve invoice, work and delivery records; confirm the eventual transition and prescribed particulars before using a statutory proper-invoice checklist.

02

Starting adjudication in time

The adjudication amendments are not yet operative. The implementing regulations and authority arrangements must be confirmed before asserting a statutory right to refer or a time to do so. Existing court, contract, arbitration and lien procedures should be assessed on their own terms rather than replaced with another province's procedure.

03

Payment after a determination

No unprescribed or uncommenced Nova Scotia adjudication period is presented as binding here. Current orders and contractual duties require their own compliance analysis.

04

Holdback and release

Section 13 of the current Builders' Lien Act generally requires 10% of the value of the work, services and materials, retained for 60 days after substantial performance. Section 13(1) defines that event by readiness or actual use and the cost of remaining completion or correction, not simply an invoice date. A separate 10% fund applies to remaining work under section 13(3). These duties are independent of the unproclaimed prompt-payment amendments.

Check registered liens, written notices, the applicable certificate and statutory release conditions before paying out. The existence of an unpaid progress invoice and the availability of holdback are separate questions; a contract cannot simply erase an applicable statutory holdback duty.

Keep a running fund record and the evidence for main and subsequent work. Obtain the current consolidation and applicable forms when planning a release, particularly where a certificate, lien claim, court security or project scope changes the ordinary sequence.

05

Lien preservation and enforcement

Section 24 generally uses 60 days: completion or abandonment for a contractor or subcontractor, last furnishing or placing for materials, completion of services, or last work for wages. Section 24(5) provides a special final-certificate branch for certain contractor claims. Check the specific category; do not calculate from an anticipated prompt-payment notice or an invoice due date.

Identify the correct owner, legal land description, contract, claimant and value before using the prescribed registration process. A lien is security subject to statutory eligibility and procedure; it is not automatic proof of the entire debt. Public and federal projects need a separate property and scope check.

Sections 26 and 27 require an action and registration of its certificate. Section 27 generally uses 90 days after completion of the work or service or furnishing of materials where no period of credit, or no expiry date for it, is stated. Section 26 has different 105-day, credit and special-certificate rules. These periods are not a fresh 90 days after lien registration. Check the applicable branch immediately and give the owner notice of registration under section 24A.

06

Counting, evidence and scope

Apply the current Builders' Lien Act and Interpretation Act to the actual supply, certificate or completion event. Learn's calculators do not calculate Nova Scotia deadlines. Future regulation-based periods remain unprescribed here rather than being borrowed from Ontario.

Keep the signed contract and changes, invoices, the exact work and amounts claimed, proof of giving or receipt, prescribed notices and reasons, payments and allocations, certificates and publication records. Preserve original versions and dates. A chronology supports a claim; it does not by itself establish entitlement or extend a statutory deadline.

Questions about this guide

Is prompt payment in force in Nova Scotia?

Not yet. Bill 119 (SNS 2019, c. 12) received Royal Assent on April 12, 2019 and Bill 211 (SNS 2022, c. 43) on November 9, 2022, but neither is proclaimed and the regulations needed to bring the prompt-payment and adjudication framework into operation have not been made.

Sources & scope

Edition: 9 October 2026. General education, not advice on a specific contract. Confirm the current law, project scope and transition before relying on a deadline. This edition has not been represented as independently reviewed by a lawyer.

Builders' Lien Act — current consolidationNova Scotia statute table — unproclaimed amendments2019 Bill 119 — prompt-payment amendmentsNova Scotia government — development of implementing regulationsSource register & editorial method