Claims for Lien
Recent amendments to the Construction Act allow a municipality to choose electronic submissions of Claims for Lien as a mandatory method by which Claims for Lien must be given to a municipality.
Claims for Lien which attach to premises owned by The Regional Municipality of Peel shall be given by email to the Regional Clerk at regional.clerk@peelregion.ca.
Hard copy paper submissions will no longer be a valid method to give Claims for Lien to The Regional Municipality of Peel where the premises are owned by the municipality.
Claims for Lien received by email after 5 p.m. local time are deemed to have been given on the following business day.
Lien claimants are encouraged to seek independent legal advice prior to preserving a Claim for Lien.
Background
On October 1, 2019, subsection 34(3.1) of the Construction Act came into force and states that where the owner of the premises is a municipality, a claim for lien shall be given to the clerk of the municipality.
Ontario Regulation 304/18, as amended by Ontario Regulation 112/19, made under the Construction Act, allows a municipality to choose a mandatory method by which a claim for lien shall be given.
Section 16 of the Construction Act provides that a lien does not attach to a premises owned by a municipality, but rather, constitutes a charge upon the holdback to be retained.
