38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee.

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5)The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Construction Remedies Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woods Workers’ Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee.

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5)The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woods Workers’ Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee to the extent of

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5)The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woods Workers’ Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee to the extent of

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5)The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woods Workers’ Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee to the extent of

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5)The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Storer’s Lien Act, the Woodsmen’s Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(1)The Director, having knowledge or reason to believe that an employer is insolvent or is on the eve of insolvency, may, if satisfied that pay due and owing an employee of the employer remains and is likely to remain unpaid, issue a certificate in the form prescribed by regulation stating the amount of money that appears to the Director to be due and owing by the employer to the employee to the extent of

38.1(2)A certificate referred to in subsection (1) may be issued in relation to more than one employee and more than one certificate may be issued in relation to the same employer.

38.1(3)A certificate referred to in subsection (1) is, in the absence of evidence to the contrary, proof that the amount of money stated in the certificate was due and owing by the employer to the employee in respect of whom the certificate was issued when the certificate was issued.

38.1(4)The Director may cause a certificate referred to in subsection (1) to be filed with the registrar of deeds for the county or counties in which the employer named in the certificate owns real property or carries on business.

38.1(5)The registrar of deeds shall file the certificate describing it as an “Employee Lien” and shall index the certificate in the appropriate registration index.

38.1(6)A certificate referred to in subsection (1) when filed with the registrar of deeds constitutes a lien in favour of the employee in respect of whom the certificate was issued for the amount of money stated in the certificate or as amended by an amending certificate referred to in subsection 38.5(1) against all the real property of the employer situate in the county or counties in which the certificate is filed.

38.1(6.1)The Director may register a notice of the certificate referred to in subsection (1) in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

38.1(6.2)A notice of a certificate when registered in the Personal Property Registry constitutes a lien in favour of the employee in respect of whom the certificate was issued against all the personal property of the employer for the amount of money stated in the certificate or, where applicable, for the amount as amended by an amending certificate referred to in subsection 38.5(1).

38.1(7)Notwithstanding any other Act including, but not limited to, the Mechanics’ Lien Act, the Real Property Tax Act, the Real Property Transfer Tax Act, the Revenue Administration Act, the Wage-Earners Protection Act, the Warehouseman’s Lien Act, the Woodsmen’s Lien Act and the Workers’ Compensation Act, a lien referred to in subsection (6) or (6.2) has, subject to subsection (8), priority over every security interest, claim, lien, privilege or encumbrance of any person including any security interest, claim, lien, privilege or encumbrance of the Crown in right of the Province, a Crown corporation or a Crown agency.

38.1(8)Where more than one lien referred to in subsection (6) or in subsection (6.2) has been constituted with respect to the same employer the liens rank on an equal footing.

38.1(9)Pay due and owing under a lien referred to in subsection (6) or in subsection (6.2) shall be paid to the Director on behalf of the employee in respect of whom the lien was constituted.

38.1(10)Where a certificate referred to in subsection (1) is filed under subsection (4) and a notice of that certificate is registered under subsection (6.1), the total amount secured by the liens so constituted against both the real and personal property of the employer shall not exceed the amount of money stated in the certificate or, where applicable, the amount as amended by an amending certificate referred to in subsection 38.5(1).