www.ecao.org 20 A PROPER INVOICE As we inch closer to the last round of changes to the Construction Act in October of this year, the number and extent of questions about the impact of those changes begins to amass. This article tries to answer a few of those questions in respect of “proper invoices.” What is a Proper Invoice? Please understand that to date, your invoices have generally been “proper.” Going forward, most of you will not need to make changes to the way you prepare and submit invoices; however, there may be changes in the way you get to the point of submitting a “proper invoice.” The changes to the Construction Act will include a series of new defin- itions, one of which is “proper invoice”: “proper invoice” means a written bill or other request for payment for services or materials in respect of an improvement under a contract, if it contains the following information and, subject to subsection 6.3 (2), meets any other requirements that the contract specifies: 1. The contractor’s name and address. 2.  The date of the proper invoice and the period during which the services or materials were supplied. 3.  Information identifying the authority, whether in the contract or otherwise, under which the services or materials were supplied. 4.  A description, including quantity where appropriate, of the services or materials that were supplied. Prompt Payment and the “Proper Invoice” By Dan Leduc, Norton Rose Fulbright LLP 5.  The amount payable for the services or materials that were sup- plied, and the payment terms. 6.  The name, title, telephone number and mailing address of the person to whom payment is to be sent. 7.  Any other information that may be prescribed. 2017, c. 24, s. 7. The foregoing items are those that are required to qualify as a “proper invoice.” Much of the off-line discussion appears to be whether or not the largely employed practice of providing a draft progress payment for review by the payment certifier, would qualify as a “proper invoice.” That leads to the next question. What of the current pre-approval of progress draw process? There is a largely used practice of having a trade contractor or general contractor submit a progress draw application for review by the payment certifier/consultant for approval prior to the transmittal of an invoice for its monthly progress draw. That practice is no longer permitted by operation of section 6.3(2) of the Construction Act which provides: Giving of proper invoices 6.3(2) Restriction on conditions A provision in a contract that makes the giving of a proper invoice conditional on the prior certification of a payment certifier or on the owner’s prior approval is of no force or effect. 2017, c. 24, s. 7. In other words, any attempt to add contract language that requires a step – which some creative consultants have referred to as a “draw