Acts and Regulations

2017, c.18 - Local Governance Act

Section 142
Disposition versions

Full text
Lien
142(1)Despite subsection 72(2) of the Workers’ Compensation Act, the cost of carrying out work under subsection 137(1) or of taking measures under subsection 139(2), as the case may be, and all reasonable costs and charges associated with filing, entering and recording a certificate under section 141 shall, until they are paid, form a lien on the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and to a special lien under subsection 117(9).
142(2)The lien in subsection (1)
(a) attaches when the work under subsection 137(1) begins or the measures under subsection 139(2) begin, as the case may be, and does not require registering or filing any document or giving notice to any person to create or preserve it, and
(b) is not defeated by a change in the ownership of the real property.
142(3)A mortgagee, judgment creditor or other person having a claim, privilege, lien or other encumbrance on or against the real property to which a lien under subsection (1) is attached
(a) may pay the amount of the lien,
(b) may add the amount to the person’s mortgage, judgment or other security, and
(c) has the same rights and remedies for the amount that are contained in the person’s security.
Lien
142(1)Despite subsection 72(2) of the Workers’ Compensation Act, the cost of carrying out work under subsection 137(1) or of taking measures under subsection 139(2), as the case may be, and all reasonable costs and charges associated with filing, entering and recording a certificate under section 141 shall, until they are paid, form a lien on the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and to a special lien under subsection 117(9).
142(2)The lien in subsection (1)
(a) attaches when the work under subsection 137(1) begins or the measures under subsection 139(2) begin, as the case may be, and does not require registering or filing any document or giving notice to any person to create or preserve it, and
(b) is not defeated by a change in the ownership of the real property.
142(3)A mortgagee, judgment creditor or other person having a claim, privilege, lien or other encumbrance on or against the real property to which a lien under subsection (1) is attached
(a) may pay the amount of the lien,
(b) may add the amount to the person’s mortgage, judgment or other security, and
(c) has the same rights and remedies for the amount that are contained in the person’s security.