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Statutes of Newfoundland 1997


CHAPTER 22

CHAPTER 22

AN ACT TO AMEND THE MECHANICS’ LIEN ACT

(Assented to December 19, 1997)

Analysis

1. S.2 Amdt.
Interpretation

2. S.17 Amdt.
Registration

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN1990 cM-3 as amended

1. (1)Paragraph 2(1)(a) of the Mechanics’ Lien Act is repealed and the following substituted:

(a) "approved claim" means a pending claim for a lien which has been approved by the registrar;

(a.1) "completion of the contract" means substantial performance, not necessarily total performance of the contract;

(2) Subsection 2(1) of the Act is amended by adding immediately after paragraph (i) the following:

(i.1) "pending claim" means a claim for a lien which has been received by the registry but which has not yet been approved by the registrar;

2. Subsection 17(4) of the Act is repealed and the following substituted:

(4) A claim for a lien shall be registered by entering it into an electronic database, including the names of the parties to the claim and the position, with identifying particulars, of the affected property.

(5) The time of registration of a lien shall be electronically determined to the day, hour and minute upon the completion of subsection (4) at which time the claim shall have pending status.

(6) A pending claim under subsection (5) may be approved by the registrar, and the date and time of the registration of the approved claim shall be the date and time of the pending claim.

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