Lien by “worker”

According to s. 2 of the Builders Lien Act “workers” may be entitled to liens. Section 1 of the Builders Lien Act includes the following definition for “worker”:
“[W]orker” means an individual engaged by an owner, contractor, or subcontractor for wages in any kind of work, whether engaged under a contract of service or not, but does not include an architect or engineer or a person engaged by an architect or engineer.
(Builders Lien Act, s. 1(1)).
Rather than file liens under the Builders Lien Act, workers sometimes rely on certificates issued under Part 11 of the Employment Standards Act as a more convenient and cost effective method of securing payment. The lien creating provision of the Employment Standards Act provides as follows:
Despite any other Act, unpaid wages constitute a lien, charge and secured debt in favour of the director, dating from the time the wages were earned, against all the real and personal property of the employer or other person named in a determination, a settlement agreement or an order, including money due or accruing due to the employer or other person from any source.
(Employment Standards Act, RSBC 1996, c. 113, s. 87(1)).




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