Canadian Consulting Engineer

Proposed amendments to B.C. Lien Act require warning

May 20, 2015

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.



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