CANS supports Nova Scotia’s lien act changes

HALIFAX — The Construction Association of Nova Scotia (CANS) has announced it is pleased with the Province of Nova Scotia’s decision to incorporate three industry-recommended amendments into the Builders’ Lien Act.

The amendments have been proclaimed into law and will take full effect on June 30, 2017.

While industry recommendations were accepted years ago and the act was amended in 2013, CANS had been awaiting acceptable regulations to support those amendments and their proclamation into law, explained the association in an April 27 media statement.

The recommendations included:

adaptation of the amendments to progressive release of holdbacks;

amendments to the disbursement of finishing holdback; and

a single-central point of publication for public notice of substantial completion.

In 2012, CANS put forward amendments to the Builders’ Lien Act as part of the public consultation and review process. While the first two of three amendments were welcomed early on, the third amendment was the final piece needing to be defined, said the CANS release.

"The third amendment pertains to the notification of substantial performance/completion to prime and trade contractors," said Duncan Williams, CANS president, in a statement. "Having a single central point of publication will minimize confusion in the marketplace for all parties concerned, minimize the opportunity to practise unethically and/or illegally, and have a significant and positive impact on productivity for all parties."