6(1)This section applies if the Crown or a local government, as the owner, enters into a project agreement with a special purpose entity that requires the entity to finance and undertake an improvement on behalf of the Crown or local government, as the case may be, and, for that purpose, to enter into an agreement with a contractor in respect of the improvement.

6(2)This Act and the regulations apply, with the modifications set out in this section and any other necessary modifications,

6(3)The special purpose entity is deemed to be the owner in place of the Crown or a local government, and the agreement between the special purpose entity and the contractor is deemed to be the contract for the purposes of the following provisions of this Act, and any regulations made for the purposes of those provisions:

7(1)For the purposes of this Act, a contract is substantially performed

7(2)For the purposes of this Act, when the improvement is ready for use or is being used for the purposes intended and the owner and the contractor agree not to complete the improvement expeditiously or, due to reasons beyond the control of the contractor, the improvement cannot be completed expeditiously, the value of the services or materials remaining to be supplied and required to complete the improvement shall be deducted from the contract price in determining substantial performance.

9(1)The provisions of this Act apply despite any agreement to the contrary, and any waiver or release of the rights, benefits or protections provided under this Act is void.

9(2)Every contract or subcontract is deemed to be amended to the extent necessary to conform with this Act.

11(1)This section does not apply to the following owners:

11(2)The following amounts are and constitute an owner’s trust fund: 

11(3)The following persons are the beneficiaries of an owner’s trust fund created by subsection (2): 

11(4)An owner is the trustee of the trust fund created by subsection (2) and an owner shall not appropriate or convert any part of the fund to the owner’s own use or to any use inconsistent with the trust until the contractor, subcontractors and other persons who have supplied services or materials for the improvement are paid all amounts owed to them related to the improvement and the Workplace Health, Safety and Compensation Commission is paid all assessments related to the improvement.

12(1)An owner that is a trustee of a trust fund created by subsection 11(2) that has paid in whole or in part for the supply of services or materials for the improvement out of money that is not subject to that trust may retain from trust funds an amount equal to the amount the owner paid for the supply of those services or materials.

12(2)An owner that is a trustee of a trust fund created by subsection 11(2) that has paid in whole or in part for the supply of services or materials for the improvement out of money that is loaned to the owner may apply trust funds to discharge the loan to the extent that the lender’s money was used to pay for the supply of those services or materials.

12(3)An owner that is a trustee of a trust fund created by subsection 11(2) may retain from trust funds an amount that, as between the owner and the contractor, is equal to the balance in the owners’s favour of all outstanding debts, claims or damages related to the improvement or, if the contractor becomes insolvent, all outstanding debts, claims or damages whether or not related to the improvement.

12(4)For greater certainty, the following uses of trust funds by an owner are not considered an appropriation or a conversion to the owner’s own use nor are they uses inconsistent with the trust:

12(5)Nothing in this section relieves an owner from the requirement to retain a holdback under section 34.

13(1)Every owner who appropriates or converts any part of a trust fund created by subsection 11(2) to the owner’s own use or to any use inconsistent with the trust commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

13(2)Every director or officer of a corporation who assents to or acquiesces in conduct that the director or officer knows or reasonably ought to know amounts to the corporation committing an offence referred to in subsection (1), also commits the offence.

14(1)The following amounts are and constitute a contractor’s trust fund: 

14(2)The following persons are the beneficiaries of a contractor’s trust fund created by subsection (1): 

14(3)A contractor is the trustee of a contractor’s trust fund created by subsection (1) and shall not appropriate or convert any part of the fund to the contractor’s own use or to any use inconsistent with the trust until the beneficiaries referred to in paragraph (2)(a) are paid all amounts owed to them related to the improvement and the Workplace Health, Safety and Compensation Commission is paid all assessments related to the improvement.

14(4)The following amounts are and constitute a subcontractor’s trust fund: 

14(5)The following persons are the beneficiaries of a subcontractor’s trust fund created by subsection (4): 

14(6)A subcontractor referred to in subsection (4) is the trustee of a subcontractor’s trust fund created by that subsection and shall not appropriate or convert any part of the fund to the subcontractor’s own use or to any use inconsistent with the trust until the beneficiaries referred to in paragraph (5)(a) are paid all amounts owed to them related to the improvement and the Workplace Health, Safety and Compensation Commission is paid all assessments related to the improvement.

15(1)A contractor that is a trustee of a contractor’s trust fund or a subcontractor that is a trustee of a subcontractor’s trust fund, that has paid in whole or in part for the supply of services or materials for the improvement out of money that is not subject to that trust, may retain from trust funds an amount equal to the amount the contractor or subcontractor paid for the supply of those services or materials.

15(2)A contractor that is a trustee of a contractor’s trust fund or a subcontractor that is a trustee of a subcontractor’s trust fund, that has paid in whole or in part for the supply of services or materials for the improvement out of money that is loaned to the contractor or subcontractor, may apply trust funds to discharge the loan to the extent that the lender’s money was used to pay for the supply of those services or materials.

15(3)A contractor that is a trustee of a contractor’s trust fund may retain from trust funds an amount that, as between the contractor and the person the contractor is liable to pay under a contract, is equal to the balance in the contractor’s favour of all outstanding debts, claims or damages related to the improvement or, if the person the contractor is liable to pay becomes insolvent, all outstanding debts, claims or damages whether or not related to the improvement.

15(4)A subcontractor that is a trustee of a subcontractor’s trust fund may retain from trust funds an amount that, as between the subcontractor and the person the subcontractor is liable to pay under a subcontract, is equal to the balance in the subcontractor’s favour of all outstanding debts, claims or damages related to the improvement or, if the person the subcontractor is liable to pay becomes insolvent, all outstanding debts, claims or damages whether or not related to the improvement.

15(5)For greater certainty, the following uses of trust funds by a contractor or subcontractor are not considered an appropriation or a conversion to the contractor’s or subcontractor’s own use nor are they uses inconsistent with the trust:

16(1)Every contractor who appropriates or converts any part of a trust fund created by subsection 14(1) to the contractor’s own use or to any use inconsistent with the trust commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

16(2)Every subcontractor who appropriates or converts any part of a trust fund created by subsection 14(4) to the subcontractor’s own use or to any use inconsistent with the trust commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

16(3)Every director or officer of a corporation who assents to, or acquiesces in, conduct that the director or officer knows or reasonably ought to know amounts to the corporation committing an offence referred to in subsection (1) or (2) also commits the offence.

17(1)If a corporation is a trustee of a trust fund created by subsection 11(2), or subsection 14(1) or (4), any of the following persons who assents to, or acquiesces in, conduct that the person knows or reasonably ought to know amounts to a breach of trust by the corporation is liable for the breach of trust: 

17(2)The question of whether a person has effective control of a corporation or its relevant activities is one of fact and, in determining that question, the court may disregard the form of any transaction and the separate corporate existence of any participant.

17(3)All persons who are found liable or who have admitted liability for a breach of trust referred to in subsection (1) are jointly and severally liable.

17(4)A person who is found liable, or who has admitted liability, for a breach of a trust referred to in subsection (1) is entitled to recover contribution from any other person also liable for the breach in an amount that will result in equal contribution by all parties liable for the breach unless the court considers that apportionment would not be fair and, in that case, the court may direct the contribution or indemnity that the court considers appropriate in the circumstances.

19(1)An application for directions may be made to the court if a dispute arises

19(2)An application under subsection (1) may be made by the following persons:

20(1)A person who supplies services or materials for an improvement for an owner, contractor or subcontractor has a lien for the amount of wages owed to the person or for the contract price or subcontract price of those services or materials, as the case may be, or for as much of those amounts that remain owing to the person, that, subject to sections 22 and 23, attaches to the owner’s estate or interest in

20(2)Materials shall be deemed to be supplied for an improvement when they are delivered

20(3)When materials supplied for an improvement are incorporated into the improvement, a lien attaches as provided in subsection (1), even if the materials have not been delivered in strict accordance with subsection (2).

22(1)A lien does not attach to and a claim for lien cannot be registered against the Crown’s estate or interest in land or in an improvement.

22(2)A person who supplies services or materials for an improvement for an owner that is the Crown, who would otherwise have a lien under subsection 20(1), has a charge on the holdback retained under section 34 for the amount of wages owed to the person or for the contract price or subcontract price of those services or materials, as the case may be, or for as much of those amounts that remain owing to the person, and the provisions of this Act shall have effect without requiring the registration of a claim for lien against the Crown’s estate or interest in the land or in the improvement.

22(3)If an improvement is made to land in which the Crown has an estate or interest but the Crown is not an owner, a lien under subsection 20(1) may attach to another person’s estate or interest in the land and in the improvement.

23(1)A lien does not attach to and a claim for lien cannot be registered against the estate or interest of a local government in a highway or in a highway improvement.

23(2)A person who supplies services or materials for a highway improvement for an owner that is a local government, who would otherwise have a lien under subsection 20(1), has a charge on the holdback retained under section 34 for the amount of wages owed to the person or for the contract price or subcontract price of those services or materials, as the case may be, or for as much of those amounts that remain owing to the person, and the provisions of this Act shall have effect without requiring the registration of a claim for lien against the local government’s estate or interest in the highway or in the highway improvement.

23(3)If an improvement is made to a highway in which a local government has an estate or interest but the local government is not an owner, a lien under subsection 20(1) may attach to another person’s estate or interest in the highway and in the highway improvement.

24(1)No claim for lien shall be registered in respect of a lien that attaches to land and an improvement, if the amount of the claim or the aggregate of joined claims is less than the amount prescribed by regulation.

24(2)No claim for lien shall be given in respect of a lien against a public owner’s holdback, if the amount of the claim or the aggregate of joined claims is less than the amount prescribed by regulation.

25(1)The lien of a contractor cannot be for an amount greater than the amount owing to the contractor by the owner.

25(2)The lien of a person other than a contractor cannot be for an amount greater than the amount owing to the contractor or subcontractor or other person for whom the person supplied services or materials for the improvement.

25(3)The liens of all the persons who have supplied services or materials for an improvement for the same contractor or subcontractor cannot be for an amount greater than the amount owing to the contractor or subcontractor, as the case may be, by the person liable to pay for the services or materials supplied for the improvement.

25(4)In determining the amount of a lien under subsection (1), (2) or (3), there may be taken into account the amount that is, as between the owner, contractor or subcontractor who is liable to pay for the services or materials supplied for the improvement and the person to whom the owner, contractor or subcontractor is liable to pay, equal to the balance in the favour of the owner, contractor or subcontractor, as the case may be, of all outstanding debts, claims or damages, that are related to the improvement or, if the person to whom the owner, contractor or subcontractor is liable to pay becomes insolvent, of all outstanding debts, claims or damages whether or not related to the improvement.

25(5)For greater certainty, a lien cannot be for an amount greater than the amount owing to the contractor by the owner.

25(6)Nothing in this section relieves an owner from the requirement to retain a holdback under section 34.

26(1)A payment made for the purpose of defeating or impairing a lien is void for that purpose.

26(2)A conveyance, mortgage or charge of or on land given in payment of or as security for a lien on that land or improvement whether given before or after the lien arises, shall be deemed to be fraudulent and void as against any other lienholder on the same land or improvement.

26(3)An assignment by a contractor or subcontractor of any moneys that may be or become payable under or in respect of a contract or subcontract shall be deemed to be fraudulent and void as against any other lienholder on the same land or improvement.

27(1)This section does not apply to the following owners: 

27(2)If the estate or interest of an owner in land on which a lien attaches is leasehold, the estate or interest of that owner’s landlord is subject to the lien and if the estate or interest of the owner’s landlord is leasehold, the estate in fee simple is subject to the lien, in either of the following circumstances: 

27(3)A lien that arises under subsection (2) cannot be for an amount greater than the amount the owner was required to retain as a holdback under section 34.

28(1)If the estate or interest of an owner in land on which a lien attaches is leasehold, no forfeiture or termination, or attempted forfeiture or termination, of the lease on the part of the owner’s landlord, except for non-payment of rent, deprives the lienholder of the benefit of the lien.

28(2)A lienholder whose lien is against a leasehold estate or interest in land may pay any rent due or accruing and the amount paid may be added to the lienholder’s claim for lien.

28(3)If a landlord intends to enforce forfeiture or terminate a lease because of non-payment of rent, and there is a claim for lien registered against the leasehold estate or interest in land in the appropriate land registration office, the landlord shall give notice to each lienholder who has registered a claim for lien of the landlord’s intention to enforce forfeiture or terminate the lease.

28(4)A notice referred to in subsection (3) shall be in the form prescribed by regulation and shall include the amount of unpaid rent owing.

28(5)A lienholder receiving notice under subsection (3) may pay to the landlord the amount of the unpaid rent within ten days after receiving the notice, and the amount paid may be added to the lienholder’s claim for lien.

30(1)A lienholder may give an owner a written notice of lien in the form prescribed by regulation.

30(2)A written notice of lien shall contain the following information:

30(3)An affidavit in the form prescribed by regulation verifying the information referred to in subsection (2) shall be given to the owner along with the written notice of lien.

30(4)An affidavit referred to in subsection (3) shall be made by the lienholder or by the lienholder’s agent or assignee, if the agent or assignee has personal knowledge of the information being verified.

30(5)If an affidavit is made by an agent or assignee, it shall state that the person has personal knowledge of the information verified.

31(1)On receiving a written notice of lien in accordance with section 30, an owner shall retain the amount claimed in the written notice of lien from the amount payable to the contractor under whom the lien is derived.

31(2)An amount retained by an owner under subsection (1) is in addition to a holdback required to be retained under section 34.

31(3)All amounts retained under subsection (1) constitute a fund for the benefit of lienholders who give written notices of liens under section 30, and that fund shall remain separate from a holdback retained under section 34.

31(4)The lien of each lienholder who gives a written notice of lien under section 30 constitutes a charge on the amount retained under subsection (1) in the lienholder’s favour.

31(5)Subject to section 81, the lien of each lienholder who gives a written notice of lien under section 30 ranks in equal priority and the fund referred to in subsection (3) shall be distributed among the lienholders on a pro rata basis.

31(6)A lienholder who receives a payment under this section is entitled to payment of any balance remaining payable to the lienholder from the holdback retained under section 34.

32(1)A written notice of lien given in accordance with section 30 may be withdrawn by giving the owner to whom it was given a notice of withdrawal in the form prescribed by regulation.

32(2)A person may apply to the court under section 73 or 75 for an order discharging a written notice of lien.

32(3)For the purposes of subsection 31(1), when a written notice of lien is withdrawn or discharged, the owner is in the same position as if the written notice of lien had never been given.

33(1)During the existence of a lien, no part of any materials that are affected by the lien may be removed to the prejudice of the lien.

33(2)Materials actually supplied for the purpose set out in subsection 20(1) are subject to a lien in favour of the person supplying them until they are incorporated into the improvement.

33(3)While a lien in subsection (2) exists, the materials are not subject to execution or other process to enforce any debt other than that for the purchase money of those materials.

34(1)An owner who is liable to pay for the supply of services or materials under a contract under which a lien may arise shall retain a holdback equal to 10% of the contract price by retaining an amount equal to 10% of the value of the services or materials supplied under the contract, as they are actually supplied, until the expiry of the holdback period in subsection 47(1) or (2), as the case may be.

34(2)If a contract has been certified or declared to be substantially performed under section 41 and there are services or materials remaining to be supplied to complete the contract, an owner who is liable to pay under the contract shall retain a holdback equal to 10% of the contract price of the services or materials remaining to be supplied by retaining an amount equal to 10% of the value of the services or materials remaining to be supplied, as they are actually supplied, until the expiry of the holdback period in subsection 47(3).

34(3)The requirement to retain a holdback under subsection (1) or (2) applies whether or not a contract provides for instalment payments or for payment on completion and, in order to comply with that requirement, an owner shall deduct 10% from any payment made under the contract.

34(4)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsections (1), (2) and (3) shall be read as 5%.

34(5)If a mortgagee is a financial institution and is authorized by an owner to disburse the money secured by a mortgage, the mortgagee may retain as a holdback the amount required to be retained by the owner under subsection (1) or (2) and the retention by the mortgagee of that amount is deemed to be compliance with this section by the owner.

34(6)A mortgagee that retains or agrees to retain a holdback under subsection (5)

34(7)Every lienholder of a lien that arises under a contract has a charge on the holdback required under this section to be retained by the owner with respect to the contract.

35(1)An owner may, without jeopardy, make payments on a contract up to 90% of the contract price of the services or materials that have been supplied under that contract unless, before making payment, the owner has received a written notice of lien in accordance with section 30.

35(2)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsection (1) shall be read as 95%.

35(3)If an owner has received a written notice of lien in accordance with section 30, the owner may, without jeopardy, make payment on a contract up to 90% of the contract price of the services or materials that have been supplied under that contract, less the amount claimed in the written notice of lien.

35(4)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsection (3) shall be read as 95%.

41(1)If there is a payment certifier in respect of a contract, at the request of the contractor, the payment certifier shall determine whether the contract has been substantially performed, and if so determined the payment certifier shall certify the substantial performance of the contract by signing a certificate of substantial performance.

41(2)A payment certifier shall sign a certificate of substantial performance within seven days after a request is made under subsection (1) or after the payment certifier determines that the contract has been substantially performed, whichever is later.

41(3)If there is no payment certifier in respect of a contract, at the request of the contractor, the owner and contractor shall jointly determine whether the contract has been substantially performed, and if so determined they shall certify the substantial performance of the contract by signing a certificate of substantial performance.

41(4)A contractor and owner shall both sign a certificate of substantial performance within seven days after a request is made under subsection (3) or after they determine that the contract has been substantially performed, whichever is later.

41(5)A contractor shall request a determination under subsection (1) or (3), as the case may be, if requested by a subcontractor.

41(6)A payment certifier or an owner and a contractor jointly, as the case may be, shall set out in a certificate of substantial performance the date the contract was substantially performed.

41(7)Despite subsection (6), the date a certificate of substantial performance is signed shall be deemed, for the purposes of this Act, to be the date that the contract was substantially performed.

41(8)A payment certifier shall give a copy of a certificate of substantial performance to the owner and to the contractor within three days after the certificate is signed.

41(9)Within seven days after receiving a copy of a certificate of substantial performance, or after signing a certificate with an owner, as the case may be, a contractor shall

41(10)If there is a failure or refusal to certify the substantial performance of a contract within a reasonable time, any person may apply to the court, and the court, on being satisfied that the contract has been substantially performed, and on any terms as to costs or otherwise that it considers appropriate, may declare that the contract has been substantially performed.

41(11)A declaration of substantial performance shall contain the information set out in paragraphs 42(a) to (h) and, unless the court orders otherwise, the date the declaration is made shall be deemed, for the purposes of this Act, to be the date the contract was substantially performed.

41(12)If a person who makes an application referred to in subsection (10) is not the contractor, that person shall provide the contractor with a copy of the declaration of substantial performance within seven days after receiving it from the court.

41(13)Within four days after receiving a copy of a declaration of substantial performance, a contractor shall

43(1)Any lienholder in respect of an improvement may, by written request, require the contractor to notify them that a contract has been substantially performed by giving the lienholder a copy of the certificate of substantial performance.

43(2)A request under subsection (1) may be made before or after a certificate of substantial performance is signed.

43(3)A contractor shall give a copy of a certificate of substantial performance to a lienholder who makes a request under subsection (1) within seven days after the request is made or, if the contract has not been substantially performed at the time the request is made, within seven days after receiving a copy of the certificate or after signing the certificate with the owner, as the case may be.

44(1)If there is a payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the payment certifier may determine whether a subcontract has been completed.

44(2)If a payment certifier agrees to make a determination under subsection (1), the payment certifier shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after the payment certifier determines that the subcontract has been completed, whichever is later.

44(3)If there is no payment certifier in respect of a contract, at the request of the contractor or a subcontractor, the owner and contractor may jointly determine whether a subcontract has been completed.

44(4)If an owner and contractor agree to make a determination under subsection (3), they shall certify the completion of the subcontract by signing a certificate of completion of subcontract within seven days after the request is made or after they determine that the subcontract has been completed, whichever is later.

44(5)A payment certifier or an owner and a contractor jointly, as the case may be, shall set out in a certificate of completion of subcontract the date the subcontract was completed.

44(6)Despite subsection (5), the date a certificate of completion of subcontract is signed shall be deemed, for the purposes of this Act, to be the date that the subcontract was completed.

44(7)A payment certifier shall give a copy of a certificate of completion of subcontract to the owner, the contractor and the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.

44(8)If there is no payment certifier, an owner and contractor shall give a copy of a certificate of completion of subcontract to the subcontractor whose subcontract has been certified as having been completed, within three days after the certificate is signed.

44(9)Within seven days after receiving a copy of a certificate of completion of subcontract, or after signing a certificate with an owner, as the case may be, a contractor shall

44(10)If a payment certifier does not agree to make a determination under subsection (1) or agrees to make the determination but does not certify the completion of the subcontract within a reasonable time, or if there is no payment certifier and the owner and contractor do not agree to make a determination under subsection (3), or agree to make a determination but do not certify the completion of the subcontract within a reasonable time, any person may apply to the court, and the court, on being satisfied that the subcontract has been completed, and on any terms as to costs or otherwise that it considers appropriate, may declare that the subcontract has been completed.

44(11)A declaration of completion of subcontract shall contain the information set out in paragraphs 45(a) to (i) and, unless the court orders otherwise, the date the declaration is made shall be deemed, for the purposes of this Act, to be the date the subcontract was completed.

44(12)If a person who makes an application referred to in subsection (10) is not the contractor, that person shall provide the contractor with a copy of the declaration of completion of subcontract within seven days after receiving it from the court.

44(13)Within four days after receiving a copy of a declaration of completion of subcontract, a contractor shall

44(14)If services or materials are supplied under a subcontract after the date the subcontract is certified or declared to have been completed, those services or materials shall be deemed to have been supplied on or before that date.

46(1)Any lienholder in respect of an improvement may, by written request, require the contractor to notify them that a subcontract has been completed by giving the lienholder a copy of the certificate of completion of subcontract, if any, with respect to the subcontract.

46(2)A request under subsection (1) may be made before or after a certificate of completion of subcontract is signed.

46(3)Within seven days after a request is made under subsection (1), a contractor shall give the lienholder who made the request a copy of any certificate of completion of subcontract signed with respect to the subcontract or, if no certificate of completion of subcontract has been signed at the time the request is made, within seven days after receiving a copy of the certificate or after signing the certificate with the owner, as the case may be.

47(1)If a contract has been certified or declared to be substantially performed under section 41, the holdback required to be retained under subsection 34(1) with respect to the contract and any subcontract under the contract shall be retained for 60 days after the date the certificate of substantial performance is signed or the declaration of substantial performance is made, as the case may be.

47(2)If a contract has not been certified or declared to be substantially performed under section 41, the holdback required to be retained under subsection 34(1) with respect to the contract and any subcontract under the contract shall be retained for 60 days after the contract is completed, abandoned or terminated.

47(3)The holdback required to be retained under subsection 34(2) with respect to a contract and any subcontract under the contract shall be retained for 60 days after the contract is completed, abandoned or terminated.

47(4)If a subcontract has been certified or declared to be completed under section 44, the holdback required to be retained under subsection 34(1) with respect to the subcontract and any subcontract under the subcontract shall be retained for 60 days after the date the certificate of completion of subcontract is signed or the declaration of completion of subcontract is made, as the case may be.

48(1)If a contract has been certified or declared under section 41 to be substantially performed, the owner shall pay out the holdback required to be retained under subsection 34(1) and any funds retained on receiving a written notice of lien in accordance with section 30, if

48(2)If a subcontract has been certified or declared under section 44 to be completed, the owner may, without jeopardy, reduce the holdback required to be retained under subsection 34(1) by paying out the amount of holdback the owner has retained in respect of the completed subcontract, if

48(3)For greater certainty, an owner who pays an amount under subsection (2) is not liable to pay more than the amount of holdback required to be retained under subsection 34(1).

49(1)An owner required to retain a holdback under subsection 34(1) may make payments from the holdback on an annual basis, in relation to the services or materials supplied during the applicable annual period, if the conditions in subsection (2) are met.

49(2)An owner may make payments from a holdback on an annual basis if

50(1)An owner required to retain a holdback under subsection 34(1) may make payments from the holdback on the conclusion of phases of an improvement, in relation to the services or materials supplied during each phase, if the conditions in subsection (2) are met.

50(2)An owner may make payments from a holdback on the conclusion of phases of an improvement if

50(3)If a contract provides for the making of payments from the holdback on a phased basis but only with respect to a specified design phase, paragraph (2)(b) does not apply.

53(1)If an owner, contractor or subcontractor makes a payment to a lienholder for the supply of services or materials for an improvement, for which the owner, contractor, or subcontractor is not primarily liable to pay, and within three days after making the payment gives written notice of the payment to the person primarily liable to pay or to that person’s agent, the payment shall be deemed to be a payment on the contract with the person primarily liable to pay.

53(2)A payment under subsection (1) shall not affect

54(1)Subject to subsection (2), a contractor that supplies services or materials for an improvement made on or in respect of any building that is prescribed by regulation or that falls within a class prescribed by regulation and that is used or is intended to be used for residential purposes shall give the owner a notice to owner, in the form prescribed by regulation.

54(2)This section does not apply to the following owners:

54(3)A notice to owner shall contain the following information:

54(4)A notice to owner may be given before services or materials are supplied for the improvement but shall be given no later than 45 days after the first day services or materials are supplied.

54(5)A notice to owner may be given

54(6)A contractor that sends a notice to owner by electronic means shall request that the owner acknowledge its receipt, and the notice shall not be considered to have been given unless the contractor receives the owner’s acknowledgment of receipt.

54(7)If, after giving an owner a notice to owner, a contractor becomes aware of a subcontractor or other person that should have been included in the notice, the contractor shall give the owner an updated notice containing the additional information within 15 days after becoming aware of the subcontractor or other person.

54(8)If a contractor fails to give an owner a notice to owner within the time limit set out in subsection (4), the contractor is not entitled to register a claim for lien with respect to the improvement.

54(9)The entitlement of any subcontractor or other person to register a claim for lien with respect to an improvement is not affected by any deficiency in a notice to owner or by the failure of a contractor to give a notice to owner with respect to that improvement.

54(10)An owner entitled to receive a notice to owner under subsection (1) may require the contractor to give the notice to an additional person whom the owner has designated.

54(11)A contractor that has given an owner a notice to owner within the time limit set out in subsection (4) is not disentitled from registering a claim for lien with respect to the improvement for failing to give

54(12)For greater certainty, the giving of a notice to owner within the time limit set out in subsection (4)

56(1)A claim for lien shall be in the form prescribed by regulation.

56(2)A claim for lien shall contain the following information:

56(3)An affidavit in the form prescribed by regulation verifying the information referred to in subsection (2) shall accompany a claim for lien registered under paragraph 55(a) or given under subparagraph 55(b)(i) or (ii).

56(4)An affidavit referred to in subsection (3) shall be made by the lienholder or by the lienholder’s agent or assignee, if the agent or assignee has personal knowledge of the information being verified.

56(5)If an affidavit referred to in subsection (3) is made by an agent or assignee, it shall state that the person has personal knowledge of the information verified.

56(6)A person who has registered a claim for lien may at any time change the address for service referred to in paragraph (2)(h) by notifying the owner and the registrar in writing.

56(7)In the case of a claim for lien against a railway, for the purposes of subparagraph (2)(b)(ii), it is sufficient to describe the land as the land of the railway company.

57(1)A claim for lien may include amounts claimed against different lands of the same owner.

57(2)Any number of lienholders with liens on the same land may unite in making a claim for lien under section 56, but each person shall make a separate affidavit verifying the information in the claim for lien.

58(1)The following definitions apply in this section.

58(2)In the case of a lien against a public owner’s holdback when the owner is the Crown, a copy of the claim for lien shall be given

58(3)In the case of a lien against a public owner’s holdback when the owner is a local government, a copy of the claim for lien shall be given by leaving it with the clerk of the local government for which the highway improvement is made.

58(4)A copy of a claim of lien referred to in subsection (2) or (3) may be given in any other manner prescribed by regulation.

58(5)For the purposes of this Act, the giving of a copy of a claim for lien in accordance with subsection (2) or (3), or in the manner prescribed by regulation, if any, shall be the equivalent of the registration of a claim for lien under this Act.

58(6)A copy of a claim for lien shall be given in accordance with subsection (2) or (3), or in the manner prescribed by regulation, if any, within the time limit for registering a claim for lien set out in section 59, 60 or 61, as the case may be.

59(1)A contractor may register a claim for lien for the supply of services or materials any time after the lien arises until the expiry of 60 days after the occurrence of the earlier of the following: 

59(2)If a contract has been certified or declared to be substantially performed and the owner, contractor or a subcontractor proceeds to complete it, the contractor may register a claim for lien for the supply of services or materials to complete the substantially performed contract any time after the lien arises until the expiry of 60 days after the contract is completed, abandoned or terminated.

60(1)A subcontractor may register a claim for lien for the supply of services or materials any time after the lien arises until the expiry of 60 days after the occurrence of the earliest of the following:  

60(2)If a contract has been certified or declared to be substantially performed and the owner, contractor or a subcontractor proceeds to complete it, the subcontractor may register a claim for lien for the supply of services or materials to complete the substantially performed contract any time after the lien arises until the expiry of 60 days after the occurrence of the earliest of the following:  

61(1)A worker may register a claim for lien for wages owing to the worker for the supply of services any time after the lien arises until the expiry of 60 days after the occurrence of the earliest of the following:  

61(2)If a contract has been certified or declared to be substantially performed and the owner, contractor or a subcontractor proceeds to complete it, a worker may register a claim for lien for wages owing to the worker for services supplied to complete the substantially performed contract any time after the lien arises until the expiry of 60 days after the occurrence of the earliest of the following:  

62(1)The registration of a claim for lien referred to in section 59, 60 or 61, as the case may be, shall be made in the appropriate land registration office.

62(2)On receipt of the fee prescribed under the Land Titles Act or the Registry Act, as the case may be, the registrar shall register a claim for lien against the land and the lien shall appear as an encumbrance against the land or the estate or interest in land described in the claim for lien.

62(3)When registering a claim for lien, the registrar is not required to determine whether the time limit for registering the claim for lien set out in section 59, 60 or 61, as the case may be, has expired.

64(1)A lien that attaches to land is extinguished if the claim for lien has not been registered in the appropriate land registration office before the expiry of the time limit set out in section 59, 60 or 61, as the case may be.

64(2)A lien that attaches to land that has not been extinguished as a result of the operation of subsection (1) is extinguished 90 days after the claim for lien is registered in the appropriate land registration office, unless, before the expiry of the 90-day period, a person

65(1)A lien against a public owner’s holdback is extinguished if a copy of the claim for lien has not been given in accordance with section 58 before the expiry of the time limit for registering a claim for lien set out in section 59, 60 or 61, as the case may be.

65(2)A lien against a public owner’s holdback that has not been extinguished as a result of the operation of subsection (1) is extinguished 90 days after the date a copy of the claim for lien is given, unless, before the expiry of the 90-day period, the person making the claim for lien commences an action to enforce the lien.

66(1)A lien is extinguished one year after an action to enforce it has been commenced unless

66(2)If the court makes an order extending the time limit for setting an action down for trial, the court may impose any terms and conditions and give any directions that the court considers appropriate.

66(3)If a lien is extinguished as a result of the operation of subsection (1), a motion may be made under section 71.

67(1)Subject to subsection 93(3), if a certificate of pending litigation, in the form prescribed by regulation, has been registered in the appropriate land registration office, the clerk of the court in which the action was commenced may, on application supported by an affidavit, issue a certificate verifying

67(2)A certificate issued under subsection (1) may be registered in the appropriate land registration office and when registered discharges

68(1)The registration of a claim for lien for a lien that attaches to land may be discharged, or partially discharged, by registering a certificate of discharge in the form prescribed by regulation in the appropriate land registration office.

68(2)A certificate of discharge shall set out any amount paid to the lienholder in satisfaction of the amount claimed in the claim for lien.

68(3) A certificate of discharge shall be signed by the lienholder or by the lienholder’s agent duly authorized in writing and shall be verified by an affidavit of execution or an affidavit of corporate execution in the form prescribed by regulation.

69(1)If the owner is the Crown, a lien against a public owner’s holdback may be discharged or partially discharged by giving a certificate of discharge in the form prescribed by regulation in the manner set out for giving a copy of a claim for lien under subsection 58(2) or, if prescribed, by any other manner prescribed by regulation.

69(2)If the owner is a local government, a lien against a public owner’s holdback may be discharged or partially discharged by giving a certificate of discharge in the form prescribed by regulation in the manner set out for giving a copy of a claim for lien under subsection 58(3) or, if prescribed, by any other manner prescribed by regulation.

69(3)A certificate of discharge shall set out any amount paid to the lienholder in satisfaction of the amount claimed in the claim for lien.

69(4)A certificate of discharge shall be signed by the lienholder or by the lienholder’s agent duly authorized in writing and shall be verified by an affidavit of execution or an affidavit of corporate execution in the form prescribed by regulation.

69(5)For the purposes of this Act, a certificate of discharge of lien given under subsection (1) or (2) shall be the equivalent of the registration of a certificate of discharge under this Act.

70(1)If a lien that attaches to land has been extinguished as a result of the expiry of the time limit for registering the claim for lien or as a result of the expiry of the time limit for commencing an action and registering a certificate of pending litigation, on the application of any person without notice, the court shall declare that the lien has been extinguished and, if applicable, order that the registration of the claim for lien or of the certificate of pending litigation, or both, be discharged on the production of

70(2)An order under subsection (1) may be registered in the appropriate land registration office and when registered discharges the registration of the claim for lien or of the certificate of pending litigation, or of both, as the case may be.

70(3)If a lien against a public owner’s holdback has been extinguished as a result of the expiry of the time limit for giving a copy of the claim for lien or as a result of the expiry of the time limit for commencing an action, on the application of any person without notice, the court shall declare that the lien has been extinguished on the production of

70(4)If the court makes a declaration under subsection (1) or (3), the court shall order that,

71(1)If a lien that attaches to land has been extinguished as a result of the operation of subsection 66(1), the court, on the motion of any person, shall declare that the lien has been extinguished and shall make an order

71(2)An order under subsection (1) may be registered in the appropriate land registration office and when registered discharges the registration of the claim for lien and of the certificate of pending litigation.

71(3)If a lien against a public owner’s holdback has been extinguished as a result of the operation of subsection 66(1), the court, on the motion of any person, shall declare that the lien has been extinguished and shall make an order dismissing the action to enforce it.

71(4)A motion under subsection (1) or (3) may be made without notice, but no order as to costs in the action may be made unless notice of the motion was given to the person against whom the order for costs is sought.

72(1)If a lien attaches to land, on the application, without notice, of a person who makes a payment or posts security in accordance with subsection (3), the court shall make an order

72(2)In the case of a lien against a public owner’s holdback, on the application without notice of a person who makes a payment or posts security in accordance with subsection (3), the court shall make an order discharging the claim for lien.

72(3)A person making an application under subsection (1) or (2) shall pay into court, or post security with the court in an amount equal to the total of

72(4)If a lien attaches to land, on the application, with notice, of a person who pays into court or posts security with the court in an amount that the court determines to be reasonable in the circumstances to satisfy the amount claimed in the claim for lien, the court may make an order

72(5)In the case of a lien against a public owner’s holdback, on the application, with notice, of a person who pays into court or posts security with the court in an amount that the court determines to be reasonable in the circumstances to satisfy the amount claimed in the claim for lien, the court may make an order discharging the claim for lien.

72(6)If an amount has been paid or security has been posted under subsection (3), (4) or (5), on the application of a person, with notice to any person that the court considers appropriate, the court may order

72(7)If more than one application is made under this section for the payment into court or the posting of security with the court to obtain an order discharging the registration of one or more claims for liens in respect of the same improvement or in the case of a lien against a public owner’s holdback, an order discharging one or more claims for liens in respect of the same improvement, the court may consolidate the applications and require that the amount paid into court or security posted be adequate to satisfy all the amounts claimed in the claims for liens that are the subject of the applications, or make any other order that it considers appropriate.

72(8)If an order discharging the registration of a claim for lien is made under subsection (1) or (4), the lien ceases to attach to the land and ceases to attach to any amount required to be held back under section 34, and becomes instead a charge on the amount paid into court or on the security posted with the court.

72(9)If an order discharging a claim for lien is made under subsection (2) or (5), the lien against a public owner’s holdback ceases to attach to any amount required to be held back under section 34 and becomes instead a charge on the amount paid into court or on the security posted with the court.

72(10)An order under subsection (1) or (4) discharging the registration of a claim for lien or of a certificate of pending litigation, or both, may be registered in the appropriate land registration office and when registered discharges the registration of the claim for lien or of the certificate of pending litigation, or of both, as the case may be.

72(11)If a person’s lien has not been extinguished at the time an order is made under this section discharging the registration of the claim for lien or discharging the claim for lien, as the case may be, the person may proceed with an action to enforce the claim against the amount paid into court or the security posted, in accordance with the procedures under this Act, but no certificate of pending litigation shall be registered against the land, if otherwise applicable.

73(1)On the application, without notice, of a person who makes a payment or posts security in accordance with subsection (2), the court shall make an order discharging a written notice of lien.

73(2)A person making an application under subsection (1) shall pay into court, or post security with the court in an amount equal to the total of

73(3)On the application, with notice, of a person who pays into court or posts security with the court in an amount that the court determines to be reasonable in the circumstances to satisfy the amount claimed in the written notice of lien, the court may make an order discharging a written notice of lien.

74(1) A release of lien bond, in the form prescribed by regulation, is an acceptable form of security for the purposes of subsection 72(3), (4) or (5) or subsection 73(2) or (3).

74(2)A release of lien bond shall be issued by the following persons: 

75(1)On the application of any person, with notice, the court may make any of the following orders:

75(2)The court may make an order under subsection (1) if

75(3)In addition to the grounds set out in paragraphs (2)(a) to (g), the court may make an order under subsection (1) on any other proper ground.

75(4)An order under subsection (1) discharging the registration of a claim for lien or of a certificate of pending litigation, or of both, may be registered in the appropriate land registration office and when registered discharges the registration of the claim for lien or of the certificate of pending litigation, or of both, as the case may be.

80(1)A lien has priority over

80(2)If a conveyance, mortgage, other charge or agreement for sale is registered in the appropriate land registration office before the registration of a claim for lien, any payment or advance made because of that conveyance, mortgage, charge or agreement has priority over a lien if it is made before the registration of a claim for lien or before notice of the lien has been given in writing to the person making the payment or advance, but has priority only to the extent that the total of all payments or advances made by the person, including that specific payment or advance, does not exceed the value of the land at the time the payment or advance is made.

80(3)A notice under subsection (2) shall be in the form prescribed by regulation.

80(4)If an owner has an estate or interest in land as purchaser under an agreement for sale and the purchase money or part of the purchase money is unpaid, the vendor has priority over a lien only to the extent of the value of the land at the time the lien arose.

81(1)Subject to this section, no lienholder has any priority or preference over another lienholder.

81(2)Subject to subsections (3) and (4), the proceeds of any sale shall be distributed among the lienholders pro rata.

81(3)Liens for wages have priority over all other liens to the extent of 30 days’ wages.

81(4)All liens for wages have equal priority.

82(1)Unless a lienholder agrees in writing that any of the following shall have that effect, a lien is not discharged, paid, prejudiced, merged or extinguished by

82(2)Subject to subsections (3) and (4), the discounting or negotiation of a promissory note or other security taken or accepted for the amount claimed in a claim for lien does not discharge, pay, prejudice, merge or extinguish the lien but the lienholder who takes or accepts the promissory note or other security shall retain the lien for the benefit of the holder of the promissory note or other security.

82(3)In order to obtain the benefit of this section, a person who has given or extended the time for payment of any amount claimed in a claim for lien shall commence an action to enforce the lien within the time limit for commencing an action under this Act and shall register a certificate of pending litigation in the appropriate land registration office, if applicable, but no further steps shall be taken in the action until the expiry of the time for payment of the amount claimed in the claim for lien.

82(4)Nothing in subsection (3) relieves a person from the requirement to set an action down for trial within the time limit set out in subsection 66(1).

82(5)Even though a person has given or extended the time for payment of any amount claimed in a claim for lien, the person may, if an action is commenced by another person to enforce a lien against the same land, prove and obtain payment in that action of the amount claimed as if no time had been given or extended for payment of that amount.

83(1)Subject to subsection (3), this section applies to a contract between an owner that is the Crown or a local government and a contractor with respect to an improvement, if the contract price exceeds the amount prescribed by regulation.

83(2)Subject to subsection (3), this section applies to a contract with respect to an improvement with a contract price that does not exceed the amount prescribed by regulation if the owner is the Crown and requires the contractor to provide a labour and material payment bond and a performance bond on entering into the contract.

83(3)This section does not apply to a contractor who is an architect or an engineer.

83(4)On entering into a contract, a contractor shall provide an owner with

83(5)A labour and material payment bond shall meet the following requirements:

83(6)A performance bond shall meet the following requirements:

83(7)The form prescribed by regulation for a labour and material payment bond or for a performance bond may set out the claims process applicable in respect of the bond.

83(8)For greater certainty, this section does not limit the ability of an owner to require a contractor to provide other types of bonds or security.

84(1)Subject to subsection (2), this section applies to a contract between a special purpose entity that is deemed under subsection 6(3) to be the owner in place of the Crown or a local government and a contractor with respect to an improvement, if the contract price exceeds the amount prescribed by regulation.

84(2)This section does not apply to a contractor who is an architect or an engineer.

84(3)On entering into a contract, a contractor shall provide an owner with

84(4)A labour and material payment bond shall meet the following requirements:

84(5)A performance bond shall meet the following requirements:

84(6)Despite paragraphs (4)(b) and (5)(b), the Crown or a local government that, as the owner, has entered into a project agreement with a special purpose entity may require a labour and material payment bond or performance bond to have a coverage limit in excess of the amount determined under subparagraph (4)(b)(i) or (ii) or (5)(b)(i) or (ii).

84(7)In setting a coverage limit under subsection (6), the Crown or local government, as the case may be, shall have regard to the cost of obtaining security.

84(8)The form prescribed by regulation for a labour and material payment bond or for a performance bond may set out the claims process applicable in respect of the bond.

84(9)For greater certainty, this section does not limit the ability of an owner to require a contractor to provide other types of bonds or security.

85(1)A contractor who is required under section 83 or 84 to provide an owner with a labour and material payment bond and a performance bond in respect of an improvement shall post a notice to that effect in a prominent place at the site of the improvement.

85(2)A notice in subsection (1) shall contain the following information:

86(1)If a labour and material payment bond is in effect in respect of an improvement and the principal on the bond defaults in making a payment guaranteed by the bond, any person to whom the payment is guaranteed has a right of action to recover the amount of the person’s claim against the surety and the principal, in accordance with the terms and conditions of the bond.

86(2)If a performance bond is in effect in respect of an improvement and the contractor defaults in performing the contract guaranteed by the bond, the owner has a right of action to enforce the bond against the surety and the contractor, in accordance with the terms and conditions of the bond.

86(3)Nothing in this section makes a surety liable for an amount in excess of the amount that the surety undertakes to pay under a bond, and the surety’s liability under the bond shall be reduced by and to the extent of any payment made in good faith by the surety either before or after judgment is obtained against the surety.

86(4)Nothing in this section makes a surety liable as a principal under a bond, or makes a surety a party to any contract.

86(5)On satisfaction of its obligation to any person under a bond to which this section applies, a surety shall be subrogated to all the rights of that person.

87(1)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) or a person who is a mortgagee may, at any time, by written request, require,

87(2)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) may, at any time, by written request, require from a mortgagee or unpaid vendor

87(3)A state of accounts under subsection (1) shall contain the following information, as of a specified date:

87(4)A person who receives a written request for information under subsection (1) or (2) shall provide the information within 21 days after receiving the request.

87(5)A person who does not provide the information requested within the time limit set out in subsection (4), or who knowingly or negligently misstates that information, is liable to the person who made the request for any damages suffered as a result.

89(1)A person who has signed an affidavit verifying the information in a claim for lien may be examined at any time on the claim for lien, without an order, whether or not an action has been commenced.

89(2)Only one examination may be held under subsection (1) but the following persons are entitled to participate:

89(3)A person intending to examine a person under subsection (1) shall give a notice of examination on a claim for lien in the form prescribed by regulation at least seven days before the date of the examination, specifying the date, time and location of the examination and any other information prescribed by regulation to

89(4)To the extent that they are not inconsistent with this section, the Rules of Court apply to an examination under subsection (1).

90(1)A claim for lien may be enforced by an action in the court.

90(2)To the extent that they are not inconsistent with this Act and the regulations, the Rules of Court apply to actions under this Act.

91(1)No action shall be brought against the Crown under this Act unless notice of the action is served in accordance with section 15 of the Proceedings Against the Crown Act.

91(2)For the purposes of subsection (1), the time for serving notice of an action in section 15 of the Proceedings Against the Crown Act shall be read as 30 days.

91(3)If a notice is served before the expiry of the time limit for commencing an action to enforce a lien set out in subsection 65(2), and the 30-day period referred to in subsection (2) ends after the expiry of that time limit, the time limit for commencing the action is extended by seven days after the end of the 30-day period.

92(1)Subject to subsection (2), at least 30 days before the date set for a trial, the party who sets an action down for trial shall serve a notice of trial in the form prescribed by regulation on every lienholder who has registered a claim for lien or, in the case of a lien against a public owner’s holdback, on every lienholder who has given a claim for lien, and on every other person who has a registered charge, encumbrance or claim on the land affected by the lien, who is not a party or who, being a party, appears personally in the action.

92(2)A notice of trial is required to be served only on those persons who have not been previously served with a notice of trial under the Rules of Court with respect to the same action.

92(3)Despite subsection (1), the court may direct that the time limit for serving a notice of trial be shortened.

92(4)A notice of trial shall be served in the manner in which personal service may be made under the Rules of Court.

92(5)Despite subsection (4), the court may direct that a notice of trial be served on a person who is not a party to the action in a manner other than by personal service.

93(1)It is not necessary for a lienholder who commences an action to enforce a lien to make other lienholders parties to the action, but every lienholder who has registered or given a claim for lien and who has been served with a notice of trial under section 92 with respect to the action shall, for all purposes, be deemed to be a party to the action.

93(2)Any number of lienholders claiming liens on the same land may join in an action, and an action commenced by a lienholder claiming a lien shall be deemed to be brought on behalf of all other lienholders on the land in question whose time limit for commencing an action has not expired.

93(3)An action to enforce a lien shall not be discontinued unless a motion has been made to the court for an order and a copy of the notice of motion has been served on every lienholder who would be affected.

93(4)If a lienholder who has commenced an action to enforce a lien makes a motion under subsection (3) to discontinue the action and a lienholder who has been deemed a party to the action under subsection (1) wishes to continue it, the court may give directions with respect to continuing the action.

94(1)Within 20 days after being served with a notice of trial under section 92, a lienholder claiming a lien who did not commence the action to enforce the lien shall file a statement in the court showing the grounds and particulars of the claim.

94(2)Unless the court orders otherwise, a lienholder who fails to file a statement within the time limit in subsection (1) cannot enforce the lien.

95(1)The court shall

95(2)The court may award a person claiming a lien a personal judgment, whether the person establishes a valid lien or not, on any ground relating to the claim that is disclosed by the evidence against any party to the action for any amount that may be due to the person claiming the lien and that the person might have recovered in an action against that party, subject to any conditions as to enforcement that the court directs.

95(3)The court may order that the estate or interest in land on which a lien attaches be sold by a sheriff in any manner permitted by the Enforcement of Money Judgments Act, and make all necessary orders for the completion of the sale and the vesting in the purchaser of the estate or interest sold and may order that any materials supplied for the improvement be sold.

95(4)Unless otherwise ordered by the court, the proceeds of a sale shall be paid into court to the credit of the action and the court shall direct to whom the proceeds shall be paid in accordance with the priorities established by this Act and may add to the claim of a lienholder the actual disbursements properly incurred by the lienholder in connection with the sale.

95(5)If the proceeds of a sale are insufficient to satisfy the judgment and costs, the court shall determine the amount of the deficiency and the parties who are entitled to recover the deficiency, and may award personal judgment in the appropriate amount to each of those parties against each person found liable to pay those amounts.

95(6)If the proceeds of a sale are insufficient to satisfy an owner’s liability, the court may award personal judgment against the owner of the land to the extent of the deficiency in the holdback in favour of the persons claiming liens.

95(7)The court may make one or more interim orders for the distribution of proceeds paid into court.

96(1)The results of a trial shall be embodied in a judgment in the form prescribed by regulation for an action to enforce a lien that attaches to land or in the form prescribed by regulation for an action to enforce a lien against a public owner’s holdback, as the case may be.

96(2)The court may vary the prescribed form of judgment in order to meet the circumstances of a case or to afford any party to an action any right or remedy in the judgment to which the party is entitled.

99(1)Despite the Arbitration Act, the International Commercial Arbitration Act or the equivalent legislation of any other jurisdiction, a stay of proceedings granted by any court of competent jurisdiction to assist the conduct of an arbitration does not prohibit the taking of any step under this Act to

99(2)Despite the Arbitration Act, the International Commercial Arbitration Act or the equivalent legislation of any other jurisdiction, if the contract or subcontract of a person claiming a lien contains a provision respecting arbitration, the taking of any step described in subsection (1) does not constitute a waiver of the person’s rights to arbitrate a dispute under the contract or subcontract.

99(3)Despite the Arbitration Act, the International Commercial Arbitration Act or the equivalent legislation of any other jurisdiction,

100(1)Subject to subsection (3), any order as to the costs of an action, application, motion or of any step in a proceeding under this Act is in the discretion of the court, and an order as to costs may be made against

100(2)An order under subsection (1) may be made on a solicitor and client basis.

100(3)If the least expensive course is not taken by a party, the costs allowed to the party shall not exceed what would have been incurred had the least expensive course been taken.

100(4)When a claim for lien is discharged under this Act or when judgment is given in favour of or against a claim for lien, the court may allow a reasonable amount for the costs of drawing and registering the claim for lien or for discharging the registration of the claim for lien.

101(1)Unless otherwise provided under this Act or the regulations, a notice, certificate or other document that is required to be given to a person or served on a person shall be

101(2)In the absence of evidence to the contrary, service by registered mail shall be deemed to be effective three days after the date of mailing of the notice, certificate or other document.

101(3)For the purposes of subsection (2), the date appearing on the registered mail postal registration receipt is the date of mailing.

102(1)No written notice of lien, certificate of substantial performance, certificate of completion of subcontract, notice to owner or claim for lien is invalidated by reason only of a failure to comply strictly with section 30, 42, 45, 54 or 56, as the case may be, unless in the opinion of the court, a person is prejudiced by the failure, and then only to the extent of the prejudice.

102(2)Nothing in this section dispenses with the requirement of registering a claim for lien under paragraph 55(a) or of giving a copy of a claim for lien under subparagraph 55(b)(i) or (ii), as the case may be.

102(3)If, in the opinion of the court, some person has been prejudiced by a failure to comply with one or more of the sections set out in subsection (1), the court may allow any amendments to be made to the relevant form to comply with the section and to permit the action to be tried, without prejudice to any person.

103(1)The Lieutenant-Governor in Council may make regulations