Committee News

Practice Committee: Manitoba Lien Legislation

May 1, 2019

In February, 2018, the Manitoba Law Reform Commission (MLRC) released a Consultation Paper which identified 46 'Issues for Discussion' relative to possible reform of The Builders' Liens Act in Manitoba; with the intent being clarification and modernization of the legislation, together with potential introduction of prompt payment down the construction contract chain.

The MAA had been invited to participate in the consultation process, on the profession's behalf, and the MAA's Practice Committee appreciated the feedback that had been provided by a number of members locally, as part of that process; a good deal of which was incorporated into the MAA's formal response and subsequent discussion with members of the MLRC.

The MLRC released its report in November, 2018 and a brief overview, with key messages, is available at:

For those who might be interested, a copy of the full (238 page) report, it is available at:

Although no further word has yet been made available, it is anticipated that the current provincial government will be carefully considering the report and the recommendations contained therein.

The MAA's Practice Committee is also aware that last summer, a number of MAA members had been approached concerning the private member's Bill 218: 'The Prompt Payments in The Construction Industry Act'. While this legislation did reach the stage of a second reading in the Legislature, it failed to move any further before the close of the last session; and as such, it no longer appears on the list of Bills that are currently before the provincial government.