Construction Liens

The Construction Act, 2018, governs construction payments and liens in Ontario. Under Section 16, a lien does not attach to municipally owned premises; instead, it constitutes a charge against the holdback that must be retained. 

If you intend to give a claim for lien, often referred to as preserving the lien, you must submit your claim to the County Clerk using the prescribed Form 12, available on the Ontario Court Forms webpage.  This must be done within the timelines set out in Section 31 of the Construction Act. 

Failure to comply with the timelines set out in the Act may result in the loss of the right to commence a lien. Lien claimants are encouraged to seek independent legal advice prior to preserving a claim for lien. 

Where can I send a claim for a lien?

Regulation 304/18 made under the Construction Act allows a municipality to choose a method by which the claim for a lien shall be given.

Lien submissions will only be accepted by email at Clerksoffice@ptbocounty.ca

Claims for lien submitted after 5:00 pm local time or on a holiday are deemed to have been given on the next business day (Ontario Regulation 304/18, s.11.1(3)). 

Discharging a Claim for Lien

If you would like to submit a discharge of your preserved or perfected claim for lien, you can use the prescribed Form 19, available on the Ontario Court Forms webpage.