Filing a Builders Lien Step by Step

To file (preserve) a builders lien you complete your province's prescribed claim-of-lien form, swear an affidavit verifying it, and register it against the property at the land registry before your deadline, which runs from 30 to 90 days after your last day of work depending on the province. The form names you, the owner and the person you contracted with, describes the work and the amount owed, and identifies the land. Miss the deadline by one day and the lien is gone. This guide walks the mechanical steps; for the per-province deadlines see Lien Deadlines by Province, and note Quebec uses a legal hypothec, not a lien.‍‌‌​‌‌‌​‌‌‌​​‌​​‌​‌​​‌​​​​‌​‌‌​‌‌‍

Step 1: pin your last day of work and your deadline

Everything counts from your true last day of supplying work or materials to the improvement. Going back to fix a deficiency or do a snag-list item does not reset the clock, so be honest about the real date. Then count your preservation window: 60 days in Ontario, Alberta (90 for concrete or oil-and-gas), Manitoba, Nova Scotia and New Brunswick; 45 days in British Columbia and Nunavut; 40 clear days in Saskatchewan; 30 days in Newfoundland and Yukon. The Northwest Territories is 60 days under its new Builders' Lien Act, in force 1 September 2025.

Step 2: gather what the form needs

Every province's claim-of-lien form asks for broadly the same content, so collect this before you start:

• Your full legal name and an address for service.
• The owner's name and address (or who you reasonably believe is the owner).
• The name and address of the person who hired you (the contractor above you, if you are a sub).
• A short description of the work done or materials supplied, and the period of supply.
• The amount claimed as owed. Note that in Saskatchewan you cannot include interest in the lien amount.
• A legal description of the land or its parcel identifier, good enough to register.

Step 3: use the right form for your province

Some provinces prescribe an exact form; others accept a lawyer-prepared document that meets the statutory content:

• Saskatchewan: the prescribed Form E (Claim of Lien plus Affidavit of Verification), registered online through ISC as an Interest Registration. The Saskatchewan Form E is mandatory.
• New Brunswick: the prescribed Form 10 (Claim for Lien) plus Form 11 affidavit, under the Construction Remedies Act regulation. There is a $1,000 minimum claim.
• Newfoundland and Labrador: Form 1 (general), Form 2 or 3 (wages) plus the Form 4 affidavit, under the Mechanics' Lien Act.
• Northwest Territories: the new Builders' Lien Form plus affidavit (from 1 September 2025), via the Land Titles Office.
• Nova Scotia, Manitoba, Prince Edward Island, Nunavut: no single prescribed claim form is published; the lien is typically a lawyer-prepared document meeting the statutory content. Nova Scotia adds a Form 26 or Form 44 registry cover sheet.
• Yukon: Form 1 (materials or machinery) or Forms 2A and 2B (wages), filed in person at the Yukon Land Titles Office for a $10 fee.

Step 4: swear the affidavit

Almost every jurisdiction requires an affidavit of verification sworn by you, your agent or a company officer with personal knowledge of the facts, before a commissioner or notary. In Nova Scotia the affidavit must be sworn by a signing officer, director or manager, not by your lawyer. A defective or missing affidavit can sink the lien, so get it commissioned properly.

Step 5: register at the land registry

Register the completed, sworn lien at the correct office before your deadline. That is the land titles office or registry of deeds for the district where the property sits. Saskatchewan registers through the ISC portal; Yukon files in person in Whitehorse; Nunavut is unusual in that the lien proceeding is filed with the Nunavut Court of Justice as well as the land registry. Keep your date-stamped proof of registration.

Step 6: do not stop at preservation

Registering the lien only preserves it. You still have to perfect it by starting a court action (and, in most provinces, registering a certificate of pending litigation or lis pendens) before a second deadline. In Ontario that is a further 90 days; in Nova Scotia, Newfoundland and Yukon the perfection clock runs concurrently from your last day of work, so registering late leaves you very little time. See Builders Lien Basics for preservation versus perfection.

Common mistakes

• Counting from a deficiency visit. A late snag fix does not extend the clock anywhere. Count from real last supply.
• Skipping or botching the affidavit. An unsworn or improperly sworn verification can void the lien.
• Registering at the wrong office. Use the land registry for the district where the land is, and in Nunavut remember the court-filing step too.
• Believing registration is the end. Diary the perfection deadline the moment you preserve.

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