Acts and Regulations

2020, c.29 - Construction Remedies Act

Section 27
Disposition versions

Full text
Leaseholds
27(1)This section does not apply to the following owners: 
(a) the Crown; and
(b) a local government.
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: 
(a) the person entitled to the estate in fee simple or the owner’s landlord, or both, consented to the supply of services or materials giving rise to the lien and those services or materials were supplied for the direct benefit of the person entitled to the estate in fee simple or the owner’s landlord; or
(b) the owner is required to supply the services or materials giving rise to the lien by the owner’s lease or other agreement with the landlord or other person entitled to the estate in fee simple.
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.
Leaseholds
27(1)This section does not apply to the following owners: 
(a) the Crown; and
(b) a local government.
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: 
(a) the person entitled to the estate in fee simple or the owner’s landlord, or both, consented to the supply of services or materials giving rise to the lien and those services or materials were supplied for the direct benefit of the person entitled to the estate in fee simple or the owner’s landlord; or
(b) the owner is required to supply the services or materials giving rise to the lien by the owner’s lease or other agreement with the landlord or other person entitled to the estate in fee simple.
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.