A proposed amendment to the Builders Lien Act in British Columbia has received its first reading in the province’s legislative assembly.
The proposals under Bill M 216, Builders Lien Notice to Owners Act, would add two new preconditions when filing a claim of lien.
First they would require a detailed written notice to be served on the landowner of the lien claimant’s intention to file a claim. Second, there would need to be proof that the owner had been served with such a claim.
According to an article by Aidan Cameron of McCarthy Tétrault, LLP, the proposed amendments would “address the fact that land owners may not be aware of a claim of lien on title for some time after a lien has been registered.”
Cameron writes, “If passed, the proposed amendments would be unique. While lien statutes in some provinces require, or facilitate, notice after a lien has been registered, we are not aware of any provincial statutory scheme that currently contemplates notice of an intention to file a claim of lien.”
To read Cameron’s article, click here.