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MHHS Minimum Housing and Health Standards

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Prompt Payment and Construction Lien Act

Chapter P-26.4 · Current to 2025-04-01 · Official PDF

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Part 1 — General

1 Definitions 1.1 Application 2 Substantial performance 3 Work not completed 4 PROMPT PAYMENT Valuation of work done 5 Waiver

Part 2 — Creation of Lien

6 Creation of lien 7 Highways and irrigation districts 8 Limitation of lien 9 PROMPT PAYMENT Furnishing material 10 Date of lien 11 Priorities 12 Advancing of money 13 Priority for wages 14 Land owned by married person or adult interdependent partner 15 Liens on lease or life estate 16 Insurance money 17 Removal of material 18 Major lien fund 19 Certificate of substantial performance 20 Posting or provision of certificate of substantial performance 21 Money required to be retained 22 Money held in trust 23 Minor lien fund 24 Major lien fund and minor lien fund 24.1 Payment of amount retained under sections 18, 21 and 23 25 Liability of owner 26 Holdback by mortgagee 27 Payment from lien fund 28 PROMPT PAYMENT Payment where contract price not money 29 Payment to lienholder by owner, etc. 30 Assignment 31 Merging of lien 32 Proving claim

Part 3 — Prompt Payment

32.1 Proper invoice 32.2 Payment deadline - owner to contractor 32.3 Payment deadlines - contractor to subcontractor

Part 5 — no later than 21 days after giving the notice to the subcontractor; (c) a copy of any notice of dispute given by the owner under subsection 32.2(2). (6) A contractor who disputes, in whole or in part, the entitlement of a subcontractor to paymen

32.4 PROMPT PAYMENT give notice no later than Notice of non-payment 32.5 Payment deadlines - subcontractor to subcontractor 32.6 PROMPT PAYMENT Interest on late payments 32.7 No effect on wages

Part 4 — Right to Information

33 Inspection of contract or subcontract

Part 5 — Dispute Adjudication

33.1 Definitions 33.2 Nominating Authority 33.3 Minister as interim Nominating Authority 33.4 Adjudication of dispute 33.5 Adjudication procedures 33.6 Hearing and determination by adjudicator 33.61 Registration and enforcement 33.7 Judicial review 33.9 Immunity

Part 6 — Registration

34 Registration of lien 35 Forms for registering lien 36 Estate or interest in minerals 37 Validity of lien 38 Reinstatement of lien 39 Change of address 40 Wrongful registration 41 Time for registration

Part 7 — Expiry and Discharge of Lien

42 Expiry of unregistered lien 43 Expiry of registered lien 44 Lien as charge against money 45 Notice to commence an action 46 Continuation of lien 47 Cancellation of lien 48 Lien removed

Part 8 — Enforcement of Liens

49 Enforcement of lien 50 Deemed parties to proceedings 51 Service of statement of claim 52 Time for filing defence 53 Pre-trial application 54 Appointment of receiver and trustee 55 Uncompleted or abandoned contract 56 Consolidation of actions 57 Entering action for trial 58 Adjudication of claims 59 Failure to establish valid lien 60 PROMPT PAYMENT Payment of sale proceeds into court 61 Application of money realized 62 PROMPT PAYMENT Order for removal and sale of structure 63 Enforcement of judgment 64 Alberta Rules of Court 65 Proof of claim after proceedings 66 Appeal 67 Service of documents 68 Fees 69 Costs

Part 9 — Regulations and Transitional Provisions

70 Regulations 71 Application of former Acts 72 PROMPT PAYMENT Transitional 73 Transitional 74 PROMPT PAYMENT Transitional

Alberta statute text on this site is reproduced from consolidations published by the Alberta King’s Printer. This is not an official version. Hometime Property Services Ltd. does not warrant that these documents are complete or current, and is not liable if they are out of date. Always consult the official King’s Printer consolidation before relying on this text.

Reproduced in accordance with the Alberta King’s Printer Terms of Use. Not produced in affiliation with, or with the endorsement of, the Government of Alberta. © Alberta King’s Printer, 2026.

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