Builders' Lien Lock - Certificate of Action

The Certificate of Action - Form O is issued by the local registrar of the Court of Queen’s Bench pursuant to Section 86 (5) of The Builders’ Lien Act to confirm that a statement of claim has been filed by the builders’ lien claimant within that judicial centre.

The Certificate of Action – Form O should be sent via fax at (306) 446-7949 for registration on the title.

This lock will also appear on a title if a Certificate of Action was registered on a certificate of title at the time of conversion. This lock description will contain the preconversion instrument number of the certificate of action. You can view the actual certificate that was filed by conducting a search by preconversion instrument number.

This lock is registered at the title level and will appear on a title print.

Functionality of the Lock

The lock will prohibit:

  • interest discharge (including lapse) of all builders’ liens;
  • interest assignment of all builders’ liens.

This lock not prohibit:

  • alternate authority set up
  • title transfer
  • transfer to a surviving joint tenant
  • title transmission
  • interest registration
  • interest amendment
  • interest assignment of all interest types except builders’ lien
  • interest postponement
  • interest discharge of all interest types except builders’ lien
  • interest registration based on a judgment 

Removal of the Lock

Pursuant to Sections 61 of The Builders' Lien Act this lock may be removed when:

  1. One lien registered on the title – Section 61 (3)
    • When only one builders’ lien is registered on the title the lien holder or the party who submitted the certificate of action for registration may complete Form K of The Builders’ Lien Act to remove the builders’ lien lock.
    • An updated Form K Builder's Lien - Withdrawal of Certificate of Action that has been approved for use by the Ministry of Justice can be obtained from the following links PDF | WORD
    • The completed Form K should be sent via fax at (306) 446-7949.
    • The lien claimant may then submit an application for interest discharge, enclosing the prescribed discharge form under The Builders’ Lien Act.
  2. Two or more liens registered on the title – Section 61(2.1)
    • When two or more liens are registered on the title, Form J of The Builders’ Lien Act can be completed to remove the builders’ lien lock by the Registrar of the Court of Appeal or the local registrar of the judicial centre in which the action is pending.
    • The completed Form J should be sent via fax at (306) 446-7949.  
  3. Removal due to court order
    • A court order listing all lien claimants and directing the Registrar to discharge the builders’ lien lock may also be submitted under Section 62. 
    • The lien claimant may then submit an application for interest discharge, enclosing the prescribed discharge form under The Builders’ Lien Act.