Bill 279 — Second Session, 22Nd Legislature, 39 Euzabeth Ii the Legislative Assembly of Alberta Bill 279 An Act To Amend the Builders' Lien Act (Legislature 22, Session 2)

L22 S2 2796

Alberta — Bills

1990 BILL 279 Second Session, 22nd Legislature, 39 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 279

AN ACT TO AMEND THE BUILDERS' LIEN ACT MR. TAYLOR First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 279 Mr. Taylor BILL 279 1990

AN ACT TO AMEND THE BUILDERS' LIEN ACT (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 1 The Builders' Lien Act is amended by this Act 2 This Bill will amend

Chapter B-12 of the Revised Statutes of Alberta 1980. 3

Section 1 is amended by adding the following after clause (c): (c.

l) Subject to the regulations, "energy project" means any project which is principaUy for the construction of exploration, production, manufacturing, packaging, servicing, distribution, storage, transportation or marketing faciUties for oU, gas or petrochemical raw materials, but not including products which are fabricated by physical process, blending or reaction from petrochemical raw materials. 4

Section 30 is amended by striking out "45 days" and substituting "45 days in the case of any work that is not an energy project and 120 days in the case of an energy project".

Explanatory Notes 3 Adds a new defmition. 4 Provides for a Uen period of 120 days in the case of energy projects.

Section 30 presently reads as follows: ^0

(1) A lien for materials may be registered at any time within the period (

a) commencing when the lien arises, artd (

b) terminating 45 days from the day that the last of the materials is fumished or the contract to fumish the materials is abandoned.

(2) A lien for the performance of services may be registered at any time within the period

(

a) commencing when the lien arises, artd (

b) terminating 45 days from the day that the perfomiance of the services is completed or the contract to prvvide the services is abandoned.

(3) A lien for wages may be registered at any time within the period (

a) commencing when the lien arises, and (

b) terminating 45 days from the day that the work for which the wages are claimed is completed or abandoned.

(4) In cases not referred to in subsections (1) to (3), a lien in favour of a contractor or a subcontmctor may be registered at any time within the period (

a) commencing when the lien arises, and (

b) terminating 45 days from the day the contracted or subcontract, as the case may be, is completed or abandoned.

(5) Notwithstanding subsections (1 to (4), the time limited by this

section for registering a lien is not extended by reason only that something improperiy done or omitted to be done in respect of work done or materials fumished is corrected or done, as the case may be, at a later date. 5

Section 55 presently reads: 55 The Lieutenant Govemor in Council may (

a) prescribe rules to expedite and facilitate the business before any court under this Act, and to advance the interests of suitors therein; (

b) prescribe a tariff of costs (

i) as between parties, and (ii) as between solicitor and client, payable for services rendered in respect of a lien under this Act;\ (

c) prescribe forms to be used under this Act 6 Coming into force.

Section 55 is amended by adding the following after clause (c) (

d) by regulation amend the definition of "energy project". 6 ViisAct comes into force on January 1, 1991. Title: 1990 (22nd 2nd) Bill 279,

An Act to Amend the Builders' Lien Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2796
Type	bill
Volume / chapter	L22 S2 2796
Language	en
Format	json
Source	PROVINCIAL
Identifier	5cafffc95be2f664362f500e8e899dfaffeda655

Source file is stored in the law ingest library (json).