Notifications

Website maintenance may cause short outages or slow response times from November 8 at 10 pm until November 10 at 5 pm.

Improving the condominium and construction sectors

Bill 30 would improve governance in condominium communities and strengthen prompt payment for construction projects.

Status: Bill 30 was introduced on November 4, 2024

Ministry responsible: Service Alberta and Red Tape Reduction

Overview

Bill 30, the Service Alberta Statutes Amendment Act, 2024, would make changes to the following Acts:

  • Condominium Property Act
  • Prompt Payment and Construction Lien Act (PPCLA)
  • Public Works Act

If passed, Bill 30 will aim to make life easier for condominium communities by:

  • enabling the establishment of an accessible and affordable Condominium Dispute Resolution Tribunal 
  • establishing that chargebacks, if authorized by bylaws, will be treated as contributions 
  • improving condominium governance and enhancing consumer protections

If passed, Bill 30 would aim to make life easier for workers in the construction sector by:

  • establishing prompt payment rules and processes for Government of Alberta construction projects through amendments to the Public Works Act
  • keeping money flowing through the construction chain in private and public projects
  • making clarifying amendments to remove ambiguities from the Prompt Payment and Construction Lien Act

Key changes

If passed, Bill 30 would make the following amendments:
 

  • Condominium Property Act

    The proposed changes to the Condominium Property Act would: 

    • provide the framework for establishing the long-anticipated Condominium Dispute Resolution Tribunal, which will make it easier and more affordable for condominium owners and corporations to resolve common disputes outside the court system
    • establish that chargebacks, if authorized by bylaws, are contributions, which may be levied by a corporation against condominium owners who are directly responsible for incurring costs – for example, as a result of damages – to ensure the chargebacks are paid:
      • treating chargebacks as contributions means there can be consequences for non-payment, just as there can be for the non-payment of condo fees 
    • improve condominium governance (for example, through meeting and voting procedures) and enhancing consumer protections (for example, by bringing in a technical analysis requirement for new condominiums) 
  • Prompt Payment and Construction Lien Act

    Proposed changes to the PPCLA will:

    • clarify the adjudication process to ensure an efficient option for dispute resolution 
    • allow consulting professionals, like architects and engineering firms to opt out of PPCLA holdbacks so they can get paid in full sooner
    • remove ambiguity around when a construction contract is complete by clarifying when final payment under a contract or subcontract is considered to have been made and making adjudication available for 30 days after that date 
    • make several other clarifying amendments to the PPCLA to eliminate confusion
  • Public Works Act

    Proposed amendments to the Public Works Act would:

    • facilitate amendments to the Public Works Act so that prompt payment rules and processes can be extended to Government of Alberta construction projects
    • create harmonized prompt payment rules and processes for public and private sector construction projects
    • extend prompt payment timelines and adjudication rules from the PPCLA to Government of Alberta projects under the Public Works Act, this would:
      • include proper invoicing provisions of 31-day billing cycles unless testing or commissioning is required
      • clarify that as of spring 2025, all new contracts would align with the legislative requirements and all existing contracts would continue as written until project completion

Next steps

Amendments to the PPCLA and Condominium Property Act will come into force upon proclamation while changes to the Public Works Act come into effect later in spring, 2025. 

News

Resources