Construction Liens
The following process provides a method for completing and submitting a claim for lien Form 12 to the City Clerk in accordance with subsection 11.1 of Ontario Regulation 304/18. Lien claimants are encouraged to seek independent legal advice before submitting a claim for lien.
Submitting a Claim for Lien
Before you begin, ensure all PDF attachments relevant to your claim for lien submission are saved to your device and ready to upload.
Please note:
- Entering a name in the signature field indicates your intention to sign the claim for lien as claimant or agent.
- Any claim for lien that is submitted after 5 p.m. local time is deemed to have been given on the following business day (O. Reg 304/18, s. 11.1(3)).
- A submitted claim for lien may be made available to the public upon request.
After Submitting a Claim for Lien
Following a successful submission, you will receive an automated email with a time-stamped PDF copy of your submission for your records.
In the Event of an Extended Web Outage
In the event of an unscheduled extended outage, a City email address will be posted to City facility Public Notice Boards for users to submit a claim for lien. The email address will be the only valid lien claim filing method during an outage.
Background
On October 1, 2019, subsection 34(3.1) of the Construction Act came into force which states that where the owner of the premises is a municipality, a claim for lien shall be given to the clerk of the municipality.
Ontario Regulation 304/18, as amended by Ontario Regulation 112/19, made under the Construction Act, allows a municipality to choose a mandatory method by which a claim for lien shall be given.
Section 16 of the Construction Act provides that a lien does not attach to a premises owned by a municipality, but rather, constitutes a charge upon the holdback to be retained.