Triggering events for the 45 day lien filing period
Generally speaking, there is a 45 day period to file a Claim of Lien against the land, counted from the earliest of various triggering events.
Section 20 of the Builders Lien Act defines the time limits within which liens may be filed and provides as follows:
Time for filing claim of lien
20 (1) If a certificate of completion has been issued with respect to a contract or subcontract, the claims of lien of
(a) the contractor or subcontractor, and
(b) any persons engaged by or under the contractor or subcontractor
may be filed no later than 45 days after the date on which the certificate of completion was issued.
(2) A claim of lien that is not governed by subsection (1) may be filed no later than 45 days after
(a) the head contract has been completed, abandoned or terminated, if the owner engaged a head contractor, or
(b) the improvement has been completed or abandoned, if paragraph (a) does not apply.
(3) Subsection (1) does not operate to extend or renew the time for filing of a claim of lien if
(a) that time would otherwise be determined with reference to the time an earlier certificate of completion was issued, or
(b) time had started to run under subsection (2).
(4) On the filing of a claim of lien under this Act, the registrar or gold commissioner has no duty to inquire as to whether or not the lien claimant has complied with the time limit for filing the claim of lien.
(Builders Lien Act, s. 20).
A lien filing period is also specified by the Strata Property Act:
Builders lien after purchase from owner developer
(1) Despite any other Act or agreement to the contrary, if an owner developer conveys a strata lot to a purchaser, a claim of lien under the Builders Lien Act filed against the strata lot, or against the strata lot's share in the common property, must be filed before the earlier of
(a) the date on which the time for filing a claim of lien under the Builders Lien Act expires, and
(b) the date which is 45 days after the date the strata lot is conveyed to the purchaser.
(Strata Property Act, SBC 1998, c. 43, s. 88(1)).
The registrar of the land title office is not required to check whether lien filed in time:
On the filing of a claim of lien under this Act, the registrar or gold commissioner has no duty to inquire as to whether or not the lien claimant has complied with the time limit for filing the claim of lien.
(Builders Lien Act, s. 20(4)).
Working through the various triggering events can be complicated and in cases where it is not clear that the lien was, or will be, filed in time legal advice should be sought.