Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Prompt Payment and Construction Lien Act

Part 6 — Registration

34 Registration of lien

Current to 2025-04-01 · Official PDF

(1) A lien may be registered in the land titles office by filing
with the Registrar a statement of lien in the prescribed form.
(2) The statement of lien shall set out
(a) the name and residence of
(i) the lienholder,
(ii) the owner or alleged owner, and
(iii) the person for whom the work was or is being done
or the materials were or are being furnished,
(b) the date when the work was completed or the last
materials were furnished, or if the statement of lien is filed
before the completion of the contract or subcontract, as
the case may be, a statement that the work is not yet
completed or the materials have not yet all been furnished,
(c) a short description of the work done or to be done or of
the materials furnished or to be furnished,
(d) the sum claimed as due or to become due,
RSA 2000

PROMPT PAYMENT
(e) a description, sufficient fo r registration, of the land and
estate or interest in the land to be charged, and
(f) an address for service of the lienholder in Alberta.
(3) A statement of lien shall be signed by the lienholder or the
lienholder's agent.
(4) In the case of a lien arising in connection with an oil or gas
well or an oil or gas well site it is not necessary to set out in the
statement of lien the name of the owner or alleged owner of the oil
or gas well or the oil or gas well site.
(5) When a lienholder desires to register a lien against a railway, it
is a sufficient description of the land to describe it as the land of the
railway company.
(6) The statement of lien shall be verified by an affidavit in the
prescribed form of the lienholder or of the lienholder's agent or
assignee.
(7) When the statement of lien is made by a corporation, it shall be
verified by the affidavit of an officer or employee of the
corporation or its agent.
(8) When the affidavit is made by a person other than the
lienholder it may be made not only as to the facts within the
personal knowledge of the deponent, but also as to the facts of
which the deponent is informed, if the deponent gives the source of
the deponent's information and states that the deponent believes the
facts to be true.
RSA 2000 cB-7 s34;2001 c20 s10