Claim for Lien

As of October 1, 2019, claims for lien (Form 12) must be completed and submitted by email to clerks@greatersudbury.ca.  A hard copy submission will no longer be a valid method to submit a lien to the City. 

Recent amendments to the Construction Act allow a municipality to choose electronic submissions as a mandatory method by which a claim for lien is submitted to the City Clerk. 

Lien claimants are reminded that the amendments no longer allow for the registration of a lien against City property.

Background

On the day that subsection 34(3.1) of the Construction Act comes into force (currently, Oct. 1, 2019), where the owner of the premises is a municipality, the claim for lien (Form 12) 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 the 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.