O.C. 211/2020

A.R. 114/2020

July 22, 2020


            The Lieutenant Governor in Council makes the Builders’ Lien Forms Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Service Alberta

Authority:                             Builders’ Lien Act
                                                (section 70)


 

APPENDIX

Builders’ Lien Act

BUILDERS’ LIEN FORMS
AMENDMENT REGULATION

1   The Builders’ Lien Forms Regulation (AR 51/2002) is amended by this Regulation.

2   The following is added after section 7:

Remote execution of forms

7.1   For the period commencing on August 15, 2020 up to and including February 28, 2021, the forms referred to in column 2 below may be used instead of the forms referred to in column 1 if the forms are being executed remotely by two-way video conferencing before a lawyer in and for the Province of Alberta.

Column 1

Column 2

Form 3

Form 3.1

Form 4

Form 4.1

 

3   The Schedule is amended

                                 (a)    by adding the following after Form 3:

Form 3.1
(Section 34(6))

Affidavit Verifying Claim

(Name of lienholder) of                            in the Province of                             , named in the above (or annexed) statement make oath and say that the said claim is true, and that I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                              ,    )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                        
provided to me that enabled me to verify the  )          (Lienholder)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

                                 (b)    by adding the following after Form 4:

Form 4.1
(Section 34(6) and (7))

Affidavit Verifying Claim
by Other Than Lienholder

(Name of deponent) of                         in the Province of                 , (occupation), make oath and say:

(1)     I am the agent (or assignee) of                          named in the above (or annexed) statement and have full knowledge of the facts set forth in the above (or annexed) statement [or I am informed by (state source of information) and believe that the facts are as set forth in the above (or annexed) statement].

(2)     The said claim is true [or when deponent has been informed,
I believe that the said claim is true].

(3)     I am executing this document by two-way video conferencing separate and apart from any other person.

SWORN BEFORE ME,                              ,    )
a lawyer in and for the Province of Alberta     )
at the                       in the                                 )
of                   by two‑way video conferencing )
with the deponent who was at the                    )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                        
provided to me that enabled me to verify the  )          (Deponent)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)