Liening Municipal Lands in Ontario

  • January 30, 2020
  • Darina Mishiyev, Law Clerk at Glaholt Bowles LLP

Prior to October 1, 2019, the only lands to which a lien could not attach were federally and provincially owned lands. Municipal lands, other than public streets or highways owned by a municipality, were subject to lien registrations just like any other privately owned land.

Effective October 1, 2019, liens no longer attach to any municipal lands, which means that registering a lien against municipally owned land is not an option. Instead, a lien must be preserved by giving a Claim for Lien (Form 12) to the municipality without registering a lien on title of the property. In order to perfect the claim for lien, the lien claimant will have to issue a Statement of Claim within the prescribed deadlines without registering a Certificate of Action.