Certificate Of Practical Completion for Canada

Certificate Of Practical Completion Template for Canada

A Certificate of Practical Completion is a formal document used in Canadian construction projects to certify that the contracted works have reached a state of substantial completion. This document, governed by provincial construction laws and the National Building Code of Canada, marks a significant milestone in the construction process. It confirms that the work has been completed to a satisfactory standard where the property can be occupied or used for its intended purpose, despite possible minor outstanding works or defects. The certificate triggers important contractual mechanisms including the commencement of the defects liability period, release of retention funds, and transfer of insurance responsibilities.

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What is a Certificate Of Practical Completion?

The Certificate of Practical Completion serves as a crucial milestone document in Canadian construction projects, marking the point at which the works are deemed substantially complete and fit for occupation or use. This certificate is particularly significant as it triggers several important contractual and legal consequences under Canadian provincial construction laws, including the commencement of the defects liability period, reduction of contractor's liability for damage to the works, release of retention monies, and transfer of insurance responsibilities. The document must comply with provincial construction lien legislation and building codes, and typically includes details of any minor outstanding works or defects that need to be addressed during the defects liability period. The Certificate of Practical Completion is essential for both public and private construction projects and requires careful consideration of completion criteria and outstanding obligations.

What sections should be included in a Certificate Of Practical Completion?

1. Project Identification: Details of the construction project including project name, address, and reference numbers

2. Parties: Identification of all relevant parties including the employer, contractor, and certifying authority (usually the architect or contract administrator)

3. Contract Reference: Reference to the original contract, including date and contract number

4. Certification Statement: Formal statement confirming that practical completion has been achieved, with the specific date of practical completion

5. Works Description: Brief description of the works that have been completed

6. Outstanding Works: List of minor outstanding items or defects to be completed during the defects liability period

7. Signatures: Space for required signatures from authorized representatives of all parties

What sections are optional to include in a Certificate Of Practical Completion?

1. Partial Completion Details: Used when the certificate covers only a specific section or phase of the works

2. Conditions: Any specific conditions attached to the practical completion certificate

3. Insurance Transition: Details of insurance responsibility transfer, if applicable

4. Key Handover: Documentation of key and access control handover, if relevant

5. Statutory Compliance: Confirmation of compliance with specific statutory requirements, if needed

6. Warranties Commencement: Details of warranties and guarantees that commence from practical completion

What schedules should be included in a Certificate Of Practical Completion?

1. Schedule of Outstanding Works: Detailed list of minor works still to be completed

2. Schedule of Defects: List of identified defects to be rectified during the defects liability period

3. Handover Documentation: List of documents handed over (O&M manuals, warranties, certificates, etc.)

4. Completion Photographs: Photographic evidence of completed works

5. Statutory Certificates: Copies of relevant statutory certificates and approvals

6. As-Built Drawings: List or copies of as-built drawings handed over

7. Test Certificates: Copies of relevant test certificates and commissioning data

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Sector

Education

Cost

Free to use
Relevant legal definitions
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Healthcare Construction

Educational Facilities

Retail Development

Hospitality Construction

Transportation Infrastructure

Relevant Teams

Legal

Construction

Project Management

Operations

Facilities Management

Quality Assurance

Contract Administration

Technical Services

Property Management

Development

Risk Management

Procurement

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Architect

Quantity Surveyor

Site Manager

Building Inspector

Construction Director

Development Manager

Facilities Manager

Property Manager

Construction Lawyer

Client Representative

Technical Director

Chief Engineer

Industries
Construction Lien Act: Provincial legislation that governs construction liens, payment terms, and substantial completion requirements. This is crucial for determining when practical completion occurs and its legal implications.
National Building Code of Canada: Federal code that establishes minimum requirements for building safety, accessibility, and structural sufficiency. Compliance with this code is essential for practical completion certification.
Provincial Building Code: Provincial-specific building regulations that may have additional or modified requirements beyond the National Building Code. Must be consulted for local compliance.
Contract Act: Federal and provincial contract laws that govern the formation and execution of construction contracts, including the requirements for completion certificates.
Builders' Lien Act: Provincial legislation that protects contractors' and suppliers' rights to payment, which is directly related to the timing and issuance of completion certificates.
Occupational Health and Safety Act: Provincial legislation ensuring workplace safety requirements are met before practical completion can be certified.
Environmental Protection Act: Federal and provincial environmental regulations that may need to be satisfied before practical completion can be certified, especially for projects with environmental impact.
Professional Engineers Act: Provincial legislation governing the requirements for professional engineering certification, which may be necessary for certain aspects of practical completion certification.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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