Acts and Regulations

M-6 - Mechanics’ Lien Act

Full text
1In this Act
“completion of the contract” means substantial performance, not necessarily total performance of the contract;(exécution du contrat)
“contractor” means a person contracting with, or employed directly by, the owner or his agent to do work upon or to furnish material for an improvement, but does not include a labourer;(entrepreneur)
“court” means The Court of Queen’s Bench of New Brunswick;(cour)
“highway” includes any road, road allowance, street, lane, thoroughfare, bridge, subway, pier, ferry, square, and public place, appropriated to the public use;(route)
“improvement” includes anything constructed, erected, built, placed, dug or drilled on or in land except a thing that is not attached to the realty nor intended to be or become part thereof;(amélioration)
“judge” means a judge of the court;(juge)
“labourer” means a person employed for wages in any kind of labour, whether employed under a contract of service or not;(ouvrier)
“land” includes improvements;(bien-fonds)
“lien” means a lien created by this Act;(privilège)
“owner” means a person having an estate or interest in land upon or in respect of which work is done or material is furnished at his request, express or implied, and(propriétaire)
(a) upon his credit,
(b) upon his behalf,
(c) with his privity and consent, or
(d) for his direct benefit,
and all persons claiming under him whose rights are acquired after the beginning of the work or the furnishing of the material in respect of which a lien is claimed;
“proper registry office” when used with reference to the filing, discharging or vacating of a claim of lien or other instrument or document, or of any dealing, relating to or affecting any land, means the registry office of the county in which the land is situate;(bureau de l’enregistrement compétent)
“registrar” means a registrar of deeds;(conservateur)
“sub-contractor” means a person not contracting with or employed directly by the owner or his agent for the doing of any work, but contracting with or employed by a contractor, or by a sub-contractor under him, but does not include a labourer;(sous-traitant)
“wages” means money earned by a labourer for work done, whether by time or piece work or otherwise;(salaire)
“work” includes the doing of work and the performance of services upon or in respect of an improvement, and also includes the breaking of any land or the clearing of timber or scrub.(travaux)
R.S., c.142, s.1; 1965, c.27, s.3; 1972, c.45, s.1; 1979, c.41, s.77; 1980, c.32, s.20