The June 30, 2025 change
The Province's May 12, 2025 announcement described the Commercial Liens Act coming into force on June 30, 2025. That commencement date has passed.
The current Act concerns specified services in relation to goods. Do not assume that every contractor claim against a building or land falls under this Act; builders' liens and other claims require separate assessment. The examples below are general background, not a determination that a particular building system or service qualifies.
The Key Changes You Need to Know
1. Liens Attach Immediately
Section 5 of the current Act provides for attachment to goods on commencement of services. That does not establish that every contractor, fixture or building-system claim qualifies. Authorization, the services and goods, enforceability and priority require separate review.
2. Two Ways to Perfect a Lien
Previously, service providers often had to retain physical possession of goods to maintain their lien rights. The new CLA offers two options:
Option A: Possession
- Traditional method—keep the goods until paid
Option B: Registration
- Register the lien in the Personal Property Registry (PPR)
- Allows release of goods while maintaining lien rights
- Creates public notice of the claim
This flexibility is good for service providers but means property owners face more potential registered liens.
3. Streamlined Enforcement
The CLA modernizes how liens are enforced:
- New standardized notice procedures
- Clearer timelines for sale of goods
- Better dispute resolution framework
How to Protect Your Commercial Property
Before Hiring Contractors
- Record the goods, service scope and payment terms.
- Ask counsel which searches and contract provisions are appropriate.
- Have counsel assess the effectiveness of any proposed waiver.
- Keep invoices, authorizations and evidence of the work together.
If a Lien is Filed Against Your Property
- Preserve the claim, invoices, service agreement and correspondence.
- Identify any stated dates and obtain legal advice promptly.
- Ask counsel to assess registration, enforceability, priority and available responses.
- Obtain advice before moving, releasing or disposing of disputed goods.
Impact on Different Commercial Property Types
For a retail, office or industrial property, identify whether the claim actually concerns goods covered by the Act, building fixtures, construction or another category. Give counsel the service agreement, authorizations, goods description and relevant dates rather than assuming the property type determines the remedy.
What This Means for Your Existing Contracts
The Act contains transitional provisions. Have counsel check the service dates and any pre-existing lien; do not assume the calendar date alone resolves every transition or priority issue.
Need Help Understanding Your Exposure?
Ask a lawyer to review the actual goods, services, agreements and any claimed lien. A property manager can help assemble records, but this article does not determine legal exposure.
Call or text David directly: (236) 998-5841
David can discuss gathering rental property management records within an agreed scope; legal interpretation and representation require appropriate advice.