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S.M. 1993, c. 8

The Builders' Liens Amendment Act

(Assented to July 27, 1993)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. B91 amended

1           The Builders' Liens Act is amended by this Act.

2           Subsections 37(4) and (6) are amended by striking out "lis pendens" wherever it occurs and substituting "pending litigation order".

3           The following is added after subsection 41(2):

Action must be based on registered lien

41(3)       No action may be commenced under this Act to enforce a lien unless a claim for lien with respect to the lien is registered under this Act.

4           In the following provisions, "certificate of lis pendens" is struck out and "pending litigation order" is substituted:

(a) subsection 49(2);

(b) clause 50(1)(b);

(c) subsection 50(2); and

(d) clause 51(a).

5(1)        Subsection 55(4) is amended

(a) in the section heading preceding it, by striking out "lis pendens" and substituting "pending litigation order"; and

(b) by striking out "certificate of lis pendens" and substituting "pending litigation order".

5(2)        Subsection 55(5) is amended by striking out "lis pendens" and substituting "the pending litigation order".

5(3)        Subsection 55(6) is amended

(a) by repealing the section heading preceding it and substituting "Vacating pending litigation order"; and

(b) by striking out "lis pendens" and substituting "pending litigation order".

6           Subsection 57(3) is amended by striking out "certificate of lis pendens" and substituting "pending litigation order".

7           Subsection 75(3) is amended by striking out "a certificate of lis pendens" and substituting "pending litigation order".

8           The section heading preceding subsection 78(1) is repealed and "Reference of lien action to master" is substituted.

9           Form 9 of the Schedule is amended by striking out "CERTIFICATE OF LIS PENDEN" and substituting "PENDING LITIGATION ORDER".

Coming into force

10(1)       This Act, except section 3, comes into force on royal assent.

Coming into force: section 3

10(2)       Section 3 is retroactive and is deemed to have come into force on September 28, 1981.

 

 
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