Background Materials in Relation to the New Builders Lien Act

Background

The British Columbia Legislature enacted a new Builders Lien Act which became law in February, 1998. This was the final stage of a process that began over 25 years ago and included work carried out by the British Columbia Law Reform Commission and a Select Committee of the Provincial Legislature.

The purpose of the supporting materials are to assist participants in British Columbia's construction industry and their legal advisors to understand the operation of the new Act. It is not intended or offered as legal advice or formal rulings on the operation of the legislation. The Act itself should be consulted in all cases by persons concerned with their rights and obligations under it, since many of the general rules described are subject to qualifications and exceptions in particular circumstances.

Related Information

  • Law Reform Commission of British Columbia. Report on the Mechanics' Lien Act: Improvements on Land (1972)
  • British Columbia Legislative Assembly, Select Standing Committee on Labour Justice and Intergovernmental Relations, Second Report on the Builders Lien Act (1990)
  • Builders Lien Act. R.S.B.C. 1996, C. 41 (the former Act)

Other Resources

Related Links Publications, government agencies, industry associations
Legislative Updates B.C. Reg. 111/99 deposited April 16, 1999 adding the Vancouver Board of Parks and Recreation to B.C. Reg. 265/98, exempts the Board from having to establish separate holdback accounts for construction contracts in excess of $100,000 (as per section 5(8)(a) of the Builders Lien Act).

Ministry of Forests exempted from Builders Lien Act as part of government's regulatory streamlining process. Bill 74 (Miscellaneous Statutes Amendment Act – No. 2) received Royal Assent July 5, 1999.

Guide to Filing and Cancelling a Claim of Builders Lien (PDF)

A step-by-step guide to assist users in understanding the rules and procedures involved in filing or cancelling a claim of builders lien in British Columbia.

 

(Back to Builders Lien Act)


Website by: Usable Web Designs