Prompt Payment and Construction Lien Forms Regulation

(Consolidated up to 101/2025) ALBERTA REGULATION 51/2002 Prompt Payment and Construction Lien Act PROMPT PAYMENT AND CONSTRUCTION LIEN FORMS REGULATION Table of Contents 1 Definitions 1.1 Notice of dispute 1.2 Notice of non‑payment 2 Registration 3 Affidavit 4 Notice of change of address 5 Certificate of lis pendens 6 Discharge of lien 7 Notice to prove lien 9 Expiry 10 Coming into force Schedule Definitions 1 In this Regulation, (a) “Act” means the Prompt Payment and Construction Lien Act ; (b) a reference to a Form is to a form in the Schedule to this Regulation. AR 51/2002 s1;22/2022 Notice of dispute 1.1 A notice of dispute under section 32.2(2) of the Act is to be in Form 1. AR 22/2022 s4 Notice of non‑payment 1.2 (1) A notice of non‑payment under section 32.3(5)(a) of the Act is to be in Form 2. (2) A notice of non‑payment under section 32.3(6) of the Act is to be in Form 3. (3) A notice of non‑payment under section 32.5(6)(a) of the Act is to be in Form 4. (4) A notice of non‑payment under section 32.5(7) of the Act is to be in Form 5. AR 22/2022 s4 Registration 2 (1) Subject to subsection (2), a statement of lien registered under section 34 of the Act is to be in Form 6. (2) A statement of lien registered under section 36 of the Act with the Minister of Energy and Minerals is to be in Form 7. AR 51/2002 s2;46/2021;22/2022 ;98/2023 Affidavit 3 An affidavit verifying the statement of lien and referred to in section 34(6) and (7) of the Act is to be in (a) Form 8 or Form 9, when the affidavit is personally made by the lienholder, or (b) Form 10 or Form 11, when the affidavit is made by a person other than the lienholder. AR 51/2002 s3;46/2021;22/2022 Notice of change of address 4 A notice of change of address for service referred to in section 39 of the Act is to be in Form 12. AR 51/2002 s4;22/2022 Certificate of lis pendens 5 A certificate of lis pendens referred to in section 43 of the Act is to be in Form 13. AR 51/2002 s5;22/2022 Discharge of lien 6 A notification referred to in section 47(1) and (2) of the Act that a lien has been satisfied in whole or in part is to be in Form 14. AR 51/2002 s6;22/2022 Notice to prove lien 7 A notice to prove lien referred to in section 52(3) of the Act is to be in Form 15. AR 51/2002 s7;22/2022 7.1 Repealed AR 46/2021 s3. 8 Repealed AR 22/2022 s11. Expiry 9 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2030. AR 51/2002 s9;217/2009;130/2012;124/2015;101/2025 Coming into force 10 This Regulation comes into force on April 1, 2002. Schedule Form 1 Owner’s Notice of Dispute (Section 32.2(2) of the Act) Name of Owner: ______________________________________________________ Owner address: ______________________________________________________ Work site legal land description: ____________________________ ______________________________________________________ Name of Contractor: ______________________________________________________ Contractor address: ______________________________________________________ Contractor address for service, if known: ______________________________________________________ The Owner disputes the proper invoice dated _________________ , submitted to the Owner by the Contractor in respect to the work done or material furnished. The Owner will not pay the indicated amount payable under the invoice: (Please check the appropriate box) □ The full amount of the proper invoice, being $ ___________________ □ A portion of the amount of the proper invoice, being $ ___________________ Reason(s) for non‑payment: ___________________________________________________ ___________________________________________________ _____________________ __________________________ Date Signature (Owner) Form 2 Contractor’s Notice of Non‑payment (Section 32.3(5)(a) of the Act) Name of Contractor: ______________________________________________________ Contractor address: ______________________________________________________ Work site legal land description: ___________________________ ______________________________________________________ Name of Subcontractor: ______________________________________________________ Subcontractor address: ______________________________________________________ Subcontractor address for service, if known: ______________________________________________________ The Contractor submitted a proper invoice to the Owner in respect to work done or materials furnished on: ______________________________________________________ The Contractor has not received payment from the Owner and will not pay the Subcontractor the amount under the subcontract that was included in the proper invoice within the time specified in section 32.3(1) of the Prompt Payment and Construction Lien Act . Amount that will not be paid: (Please check the appropriate box) □ The full amount of the work provided or material supplied by the Subcontractor, being $ ___________________ □ A portion of the amount of the work provided or material supplied by the subcontractor, being $ ___________________ The Contractor hereby undertakes to refer the matter to adjudication under Part 5 of the Prompt Payment and Construction Lien Act , no later than 21 days after giving notice of the non‑payment to the Subcontractor. A copy of the Notice of Dispute under section 32.2(2) of the Act is enclosed. ______________________ ____________________________ Date Signature (Contractor) Form 3 Contractor’s Notice of Non‑payment Dispute (Section 32.3(6) of the Act) Name of Contractor: ______________________________________________________ Contractor address: ______________________________________________________ Work site legal land description: ____________________________ ______________________________________________________ Name of Subcontractor: ______________________________________________________ Subcontractor address: ______________________________________________________ Subcontractor address for service, if known: ______________________________________________________ The Contractor submitted a proper invoice to the Owner in respect to work done or materials furnished on: ______________________________________________________ The Contractor disputes the entitlement of the Subcontractor to payment of an amount under the subcontract that was included in the proper invoice. The Contractor will not pay the indicated amount: (Please check the appropriate box) □ The full amount of the work provided or material supplied by the Subcontractor, being $ ___________________ □ A portion of the amount of the work provided or material supplied by the subcontractor, being $ ___________________ Reason(s) for non‑payment: ___________________________________________________ ___________________________________________________ _____________________ __________________________ Date Signature (Contractor) Form 4 Subcontractor’s Notice of Non‑payment Where Contractor Does Not Pay (Section 32.5(6)(a) of the Act) Name of Subcontractor: ______________________________________________________ Subcontractor address: ______________________________________________________ Work site legal land description: ____________________________ ______________________________________________________ Name of Contractor: ______________________________________________________ Contractor address: ______________________________________________________ Contractor address for service, if known: ______________________________________________________ (Complete for the Subcontractor who provided work or supplied materials in relation to the proper invoice.) Name of Subcontractor: ______________________________________________________ Subcontractor address: ______________________________________________________ Subcontractor address for service, if known: ______________________________________________________ The Contractor submitted a proper invoice to the Owner in respect to work done or materials furnished on: ______________________________________________________ (Please check the appropriate box) □ The Subcontractor has not received payment from the Contractor and will not pay the Subcontractor the amount under the subcontract that was included in the proper invoice within the time specified in subsection 32.5(1) of the Prompt Payment and Construction Lien Act . □ [Non‑payment to a Subcontractor who is entitled to payment from a Subcontractor in accordance with section 32.5(11) of the Prompt Payment and Construction Lien Act] The Subcontractor has not received payment from the Owner and will not pay the Subcontractor the amount under the subcontract that was included in the proper invoice within the time specified in subsection 32.5(1) of the Prompt Payment and Construction Lien Act . Amount that will not be paid: (Please check the appropriate box) □ The full amount of the work provided or material supplied by the Subcontractor, being $ ___________________ □ A portion of the amount of the work provided or material supplied by the Subcontractor, being $ ___________________ The Subcontractor hereby undertakes to refer the matter to adjudication under Part 5 of the Prompt Payment and Construction Lien Act , no later than 21 days after giving notice of the non‑payment to the Subcontractor. A copy of any Notice of Non‑payment received by the Subcontractor is enclosed. _____________________ __________________________ Date Signature (Subcontractor) Form 5 Subcontractor’s Notice of Non‑payment Dispute (Section 32.5(7) of the Act) Name of Subcontractor: ______________________________________________________ Subcontractor address: ______________________________________________________ Work site legal land description: ____________________________ ______________________________________________________ Name of Contractor: ______________________________________________________ Contractor address: ______________________________________________________ (Complete for the Subcontractor who provided work or supplied materials in relation to the proper invoice.) Name of Subcontractor: ______________________________________________________ Subcontractor address: ______________________________________________________ Subcontractor address for service, if known: ______________________________________________________ The Contractor submitted a proper invoice to the Owner in respect to work done or materials furnished on: ______________________________________________________ The Subcontractor disputes the entitlement of another Subcontractor to payment of an amount under the subcontract that was included in the proper invoice in accordance with section 32.5(7) of the Prompt Payment and Construction Lien Act , or section 32.5(11) of the Prompt Payment and Construction Lien Act . The subcontractor will not pay the indicated amount: (Please check the appropriate box) □ The full amount of the work provided or material supplied by the Subcontractor, being $ ___________________ □ A portion of the amount of the work provided or material supplied by the subcontractor, being $ ___________________ Reason(s) for non‑payment: ___________________________________________________ ___________________________________________________ _____________________ __________________________ Date Signature (Subcontractor) Form 6 Statement of Lien (Section 34 of the Act) ( Name of lienholder ) of ( residence of lienholder ) ( if claimant is the assignee of the original lienholder, state the facts ) claims a lien under the Prompt Payment and Construction Lien Act on the estate of ( name and residence of the owner of the land on which the lien is claimed ) in the following land: ( set out concise legal description ) □ (NOTE: If this lien is with respect to an improvement to an oil or gas well or to an oil or gas well site for which the lien may be registered in the Land Titles Office not later than 90 days from the last day that the work was done or the materials were last furnished, please check. OR □ If this lien is with respect to the manufacture and supply of ready‑mix concrete referred to in the North American Industry Classification System (NAICS), as amended from time to time, for which the lien may be registered in the Land Titles Office not later than 90 days from the last day that the work was done or the materials were last furnished, please check.) The lien is claimed with respect to the following work or materials, that is to say: ( give a short description of the nature of the work done or the materials furnished or to be furnished ) which work was or is to be done for or which materials were or are to be furnished for ( name and residence of person for whom the work was or is being done or the materials were or are being furnished ): (please check the appropriate box): □ The work was completed or the materials were last furnished on the day of , . □ The work is not yet completed or the materials have not yet all been furnished. The sum claimed as due or to become due is $ . The address for service of the lienholder hereunder is , in the Province of Alberta. Dated at t his day of, , . ____________________________________________ Signature ____________________________________________ (Status of signatory, e.g., lienholder; agent of lienholder; or where the lienholder or agent is a corporation, the signatory’s position with the corporation) NOTE: This form is for use only where the statement of lien is to be registered with the Minister of Energy and Minerals. Form 7 Statement of Lien on Interest in Crown Minerals (Section 36 of the Act) This statement of lien applies with respect to the following (check the appropriate box): □ To work done or materials furnished with respect to improvements, other than improvements to an oil or gas well or to an oil or gas well site, in which case this lien is to be registered with the Minister of Energy and Minerals not later than 60 days from the last day that the work was last done or the materials were last furnished. □ To work done or materials furnished with respect to improvements to an oil and gas well or to an oil or gas well site, in which case this lien is to be registered with the Minister of Energy and Minerals not later than 90 days from the last day that the work was done or the materials were last furnished. □ To work done or materials furnished with respect to the manufacture and supply of ready‑mix concrete referred to in the North American Industry Classification System (NAICS), as amended from time to time, in which case this lien is to be registered with the Minister of Energy and Minerals not later than 90 days from the last day that the work was done or the materials were last furnished. ( Name of lienholder ) of ( residence of lienholder ) ( if claimant is the assignee of the original lienholder, state the facts ) claims a lien under the Prompt Payment and Construction Lien Act on the interest in minerals of ( name and residence of the owner of the interest in minerals on which the lien is claimed ) in the following land: ( set out concise legal description ). The mineral is ( set out mineral concerned ). The lien is claimed with respect to the following work or materials, that is to say: ( give a short description of the nature of the work done or the materials furnished or to be furnished ) which work was or is to be done for or which materials were or are to be furnished for ( name and residence of person for whom the work was or is being done or the materials were or are being furnished ): (check the appropriate box) □ The work was completed or the materials were last furnished on the day of , . □ The work is not yet completed or the materials have not yet all been furnished. The sum claimed as due or to become due is $ . The address for service of the lienholder hereunder is , in the Province of Alberta. Dated at t his day of, , . ___________________________ Signature Form 8 Affidavit Verifying Claim (Section 34(6) of the Act) ( Name of lienholder ) of in the Province of , ( occupation ), named in the above (or annexed) statement make oath and say that the said claim is true. SWORN BEFORE ME at the of ) , in the Province of , ) this day of , ) . ) ) (Lienholder) ) A Commissioner for Oaths ) Form 9 Affidavit Verifying Claim (Section 34(6) of the Act) (by two‑way videoconferencing) ( 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 videoconferencing 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 videoconferencing ) 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) Form 10 Affidavit Verifying Claim by Other Than Lienholder (Section 34(6) and (7) of the Act) ( Name of deponent ) of in the Province of , ( occupation ), make oath and say: (1) That 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) That the said claim is true [or when deponent has been informed, that I believe that the said claim is true]. SWORN BEFORE ME at the of ) , in the Province of , ) this day of , ) . ) ) (Deponent) ) A Commissioner for Oaths ) Form 11 Affidavit Verifying Claim by Other Than Lienholder (Section 34(6) and (7) of the Act) (by two‑way videoconferencing) ( 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 videoconferencing 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 videoconferencing ) 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) Form 12 Notice of Change of Address for Service (Section 39 of the Act) To: Registrar of Land Titles (or the Minister of Energy and Minerals) Take notice that I hereby change my address for service as stated in my Statement of Lien (or in my last registered notice of change of address for service) registered in the Land Titles Office (or with the Minister of Energy and Minerals) on day of , as No. affecting the land described as follows: (set out concise legal description) and appoint in the Province of Alberta as my address for service. Dated at , this day of , . (Signature) Form 13 (Section 43 of the Act) Clerk’s stamp: COURT FILE NUMBER COURT OF KING’S BENCH OF ALBERTA JUDICIAL CENTRE PLAINTIFF(S) DEFENDANT(S) DOCUMENT CERTIFICATE OF LIS PENDENS ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT To: Registrar of Land Titles (or the Minister of Energy and Minerals) This is to certify that proceedings have been taken in court to enforce a certain lien registered by against ( here describe lands ), which lien was registered pursuant to the Prompt Payment and Construction Lien Act in the Land Titles Office (or with the Minister of Energy and Minerals) on day of , as No. . Dated at this day of , . (Court Clerk) Form 14 Discharge of Lien (Section 47 of the Act) To: Registrar of Land Titles (or the Minister of Energy and Minerals) I, acknowledge payment of all (or $ on account of) moneys due or to become due under the statement of lien made by or on behalf of (name of lienholder) as lienholder, on the following land: (set out concise legal description) the statement of lien being registered in the Land Titles Office (or with the Minister of Energy and Minerals) on day of , as No. . I declare that the said claim of lien has (not) been assigned or transferred and that I am entitled by law to receive the money. Wherefore the said claim of lien is hereby wholly discharged (or wholly discharged as to the following land). Dated at this day of , . Witness: (Signature) Form 15 (Section 52 of the Act) Clerk’s stamp: COURT FILE NUMBER COURT OF KING’S BENCH OF ALBERTA JUDICIAL CENTRE PLAINTIFF(S) DEFENDANT(S) DOCUMENT NOTICE TO PROVE LIEN ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT To: (Name of lienholder) Take notice that the undersigned hereby requires that you prove your lien registered pursuant to the Prompt Payment and Construction Lien Act on the day of , in the Land Titles Office (or with the Minister of Energy and Minerals) as No. with respect to the following land: (set out concise legal description) And further take notice that unless within 15 days from the date of service of this Notice on you, you file in the office of the Court Clerk at , Alberta, an affidavit giving detailed particulars of your lien pursuant to section 52 of the Prompt Payment and Construction Lien Act , you will lose your lien. Dated at this day of , . (Name of party giving notice) AR 51/2022 Sched.;22/2022;218/2022;98/2023