Registrations FAQs
A. Builders’ Liens
What is a Builders’ Lien?
What is the purpose of a Builders’ Lien?
Is there a prescribed form for filing a Builder’s Lien?
What information is required to complete the Builders’ Lien form?
What is the correct procedure for registering a Builder’s Lien?
What is the fee for registering a Builders’ Lien?
How do I obtain a search of the lands or agreements before filing a Builders' Lien?
Is an affidavit required with Builders' Lien?
What are the circumstances and timeframes for registration of a Builders' Lien?
If the work has not yet been completed or all the materials have not been furnished, can I still file a lien?
Who can file a Builders’ Lien?
Can an agent sign for a Lienholder?
Can I fax the Builders’ Lien to the department?
What confirmation will I receive that my Builders’ Lien has been registered?
When does a Builders’ Lien expire?
How do I request a copy of a registered Builders’ Lien?
B. Discharge of Builders’ Liens
What information is required to complete a Discharge of Builders' Lien form?
Is there a fee for registering a Discharge of Builders’ Lien?
How do I obtain a Discharge of Lien form?
Where do I send the Discharge of Lien to be registered?
How many days after the registration of a Builders’ Lien can a Discharge of Lien be registered?
Can I fax the Discharge of Lien to the department?
Do I need to send a separate document to withdraw the Certificate of Lis Pendens?
C. Certificate of Lis Pendens
What is a Certificate of Lis Pendens?
What are the procedures for registering a Certificate of Lis Pendens?
How many days after a Builders’ Lien has been registered can a Certificate of Lis Pendens be registered?
What is the fee for registering a Certificate of Lis Pendens?
Is there a form for registering a Certificate of Lis Pendens?
Where do I send the Certificate of Lis Pendens to be registered?
Can I fax the Certificate of Lis Pendens to the department?
D. Withdrawal of a Certificate of Lis Pendens
What is a Withdrawal of a Certificate of Lis Pendens?
What information is required to register a withdrawl of a Certificate of Lis Pendens?
Is there a fee for registering a withdrawl of a Certificate of Lis Pendens?
Is there a form for the withdrawal of a Certificate of Lis Pendens?
Where do I send the withdrawal of a Certificate of Lis Pendens to be registered?
Can I fax the Withdrawal of a Certificate of Lis Pendens to the department?
E. Security Notice/Discharge of Security Notice
What is a Security Notice?
Is there a prescribed form for filing or discharging a Security Notice?
What is the fee for registering or discharging a Security Notice?
What is the correct procedure for registering or discharging a Security Notice?
What is the maximum number of agreements that can be listed on the schedule for a Security Notice/Discharge?
Who must execute the Security Notice or Discharge?
Can I fax the Security Notice or Discharge to the department?
What documentation is required when a General Security Interest is being used as the Securtiy Instrument for a Securtiy Notice?
What happens if the Secured Party is an Inactive Corporation and is unable to execute the Discharge of Security Notice?
What confirmation will I receive when my Security Notice/Discharge has been registered?
Is a copy of the security instrument always required?
A. BUILDERS' LIEN
Further to Section 36 of the Builders’ Lien Act, a builder’s lien relating to minerals is a claim for payment registered against a Crown mineral agreement for work done or materials furnished by a contractor.
What is the purpose of a Builders’ Lien?
The purpose of the Builders’ Lien is to provide a simple and inexpensive method for an individual or company to register an interest against a Crown mineral agreement and collect money due for work done or material supplied in relation to the Crown mineral agreement.
Is there a prescribed form for filing a Builder’s Lien?
Yes, the form is available on the Alberta Energy website at http://www.energy.alberta.ca/ Go to: Our Business >Tenure>Forms and Reporting. You can also obtain the form from the Builders’ Lien Forms Regulation (Form 2).
What information is required to complete the Builders’ Lien form?
The following information is required:
- The name and address of the lienholder filing the lien.
- The name and address of the owner of the interest in minerals – this can be the designated representative, one of the participants or another party such as the holder of a Farm-Out Agreement.
- A legal description of the land or the mineral agreement(s) against which the builders’ lien is claimed.
- The minerals concerned must be set out e.g. petroleum & natural gas.
- The date when the work was completed or when the materials were furnished.
- The amount of the lien claimed as due.
- The address for service of the lienholder.
- The lien must be signed by the lienholder or agent of the Lienholder.
- The statement of lien must be verified by an affidavit completed by the lienholder (Form 3) or by the agent of the lienholder (Form 4 - Builders’ Lien Forms Regulation).
What is the correct procedure for registering a Builder’s Lien?
A Builders’ Lien must be filed in duplicate accompanied with a transmittal letter. The form and transmittal letter are available on the Alberta Energy website at http://www.energy.alberta.ca/ Go to: Our Business >Tenure>Forms and Reporting.
The submission of a Builders’ Lien for registration must be made at the Alberta Energy office in Edmonton which is the document registration office for the department. Builder’s Liens cannot be registered at the department’s office in Calgary.
The mailing address is: Delivery by courier or in person to:
| Registrations | Registrations - Tenure Branch |
| Tenure Branch | 10th Floor - Reception |
| 9945 - 108 Street | 9945 - 108 Street |
| Edmonton, AB | Edmonton, AB |
| T5K 2G6 | T5K 2G6 |
What is the fee for registering a Builders’ Lien?
The fee for registering a Builders’ Lien is $50.00 for each agreement against which the document is registered. Fees must be submitted with the request to register the Builders’ Lien. Cheques are made payable to the Minister of Finance.
How do I obtain a search of the lands or agreements before filing a Builders’ Lien?
The search can be requested through the Electronic Transfer System (ETS), by email to CrownLandDataSupport@gov.ab.ca or by calling 780-422-5727.
Is an affidavit required with the Builders’ Lien?
Yes, an affidavit is required. Forms 3 or 4 of the Builders’ Lien Forms Regulation (whichever is applicable to the person completing the Lien) must be completed.
What are the circumstances and timeframes for registration of a Builders’ Lien?There are two options provided on the registration form. You can register a builders’ lien for;
1) work done or materials furnished in respect of improvements, other then improvements to an oil or gas well or to an oil or gas well site, in which case this lein is to be registered not later then 45 days from the last day that the work was last done or the materials were last furnished.
2) work done or materials furnished in respect of improvements to an oil and gas well or to an oil or gas well site in which case this lien is to be registered not later than 90 days from the last day that the work was done or the materials were last furnished.
If the work has not been completed or all the materials have not been furnished, can I still file a Builders’ lien? Yes, a Builders’ Lien can still be filed. A Builders’ Lien can be filed by an individual, corporation, extra provincial corporation or partnership. Yes, an agent can sign for a lienholder, by using Affidavit Verifying Claim by Other Than Lienholder (Form 4) in the Builders’ Lien Forms Regulation. Can I fax the Builders’ Lien to the department? No, two original forms must be submitted for registration. Faxed copies are not acceptable. What confirmation will I receive that my Builders’ Lien has been registered? You will receive a package from the department which includes a registration advice letter, a copy of the registered Builders’ Lien and an agreement/encumbrance report. Pursuant to Section 43 (1) of the Builders’ Lien Act, a lien expires within 180 days from the date it is registered unless a legal action is commenced and a Certificate of Lis Pendens is filed in respect of the lien. How do I request a copy of a registered Builders’ Lien? The Certified Copy of Encumbrance Request form is available on the Alberta Energy website at http://www.energy.alberta.ca/ Go to: Our Business >Tenure>Forms and Reporting. The fee for a certified copy is $30.00 for each encumbrance requested and must be submitted with the request. Cheques are made payable to the Minister of Finance. Back to Top
What information is required to complete a Discharge of Builders' Lien form? The following information is required: Is there a fee for registering a Discharge of Builders’ lien? There is no fee for registering a Discharge of Builders’ Lien. How do I obtain a Discharge of Lien form? You can obtain a Discharge of Lien form (Form 7) from the Builders’ Lien Forms Regulation or the Alberta Energy website at http://www.energy.alberta.ca/ Go to: Our Business >Tenure>Forms and Reporting. The Discharge of Lien can be sent to:
B. DISCHARGE OF BUILDERS' LIENS
The registration number
Mailing address: Delivery by courier or in person to:
Registrations
Registrations - Tenure Branch
Tenure Branch
10th Floor - Reception
9945 - 108 Street
9945 - 108 Street
Edmonton, AB
Edmonton, AB
T5K 2G6
T5K 2G6
How many days after the registration of a Builders’ Lien can a Discharge of Lien be registered?
A Discharge of Lien can be registered any time within 180 days of the registration of the Builders’ Lien. After the 180 days expire and if a Certificate of Lis Pendens has not been registered, the department will cancel the expired Builders’ Lien
Can I fax the Discharge of Lien to the department?Two original forms must be submitted to discharge the lien. Faxed copies are not acceptable.
Do I need to send a separate document to withdraw the Certificate of Lis Pendens?
The Discharge of Lien will also discharge the Certificate of Lis Pendens.
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C. CERTIFICATE OF LIS PENDENS
What is a Certificate of Lis Pendens?
A Certificate of Lis Pendens is a notice of pending litigation in respect to a Builders’ Lien.
What are the procedures for registering a Certificate of Lis Pendens?
The Clerk of the Court of Queen’s Bench in which an action has begun grants a Certificate of Lis Pendens. The Certificate of Lis Pendens is then filed with Alberta Energy. The document must be an original with the seal of the Clerk of the Court or be a court certified copy.
How many days after a Builders’ Lien has been registered can a Certificate of Lis Pendens be registered?
A Certificate of Lis Pendens can be registered within 180 days of the registration date of the Builders’ Lien.
What is the fee for registering a Certificate of Lis Pendens?
The fee for registering a Certificate of Lis Pendens is $50.00 for each agreement against which the document is registered.
Is there a form for registering a Certificate of Lis Pendens?
There is no form as the document is provided by the clerk of the Court of Queen’s Bench.
Where do I send the Certificate of Lis Pendens to be registered?
The Certificate of Lis Pendens can be sent to:
Mailing address: Delivery by courier or in person to:
| Registrations | Registrations - Tenure Branch |
| Tenure Branch | 10th Floor - Reception |
| 9945 - 108 Street | 9945 - 108 Street |
| Edmonton, AB | Edmonton, AB |
| T5K 2G6 | T5K 2G6 |
An original certificate or a court certified copy is required. Faxed copies are not acceptable for registration.
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D. WITHDRAWAL OF A CERTIFICATE OF LIS PENDENS
What is a Withdrawal of a Certificate of Lis Pendens?
A Withdrawal of a Certificate of Lis Pendens is a certificate signed by the Clerk of the Court stating that pursuant to an order or judgement of the court, the amount due on the lien has been paid to the court.
What information is required to register a withdrawal of a Certificate of Lis Pendens?
The original or a court certified copy of the withdrawal is required. The Builders’ Lien is also discharged with the Certificate of Lis Pendens.
Is there a fee for registering a withdrawal of a Certificate of Lis Pendens?
There is no fee for registering a withdrawal of a Certificate of Lis Pendens.
Is there a form for the withdrawal of a Certificate of Lis Pendens?
No there is no prescribed form as the document must be signed by the Clerk of the Court.
Where do I send the withdrawal of a Certificate of Lis Pendens to be registered?
The withdrawal must be registered at the Alberta Energy office in Edmonton which is the document registration office for the department. Withdrawals cannot be registered at the department’s office in Calgary.
The mailing address is: Delivery by courier or in person to:
| Registrations | Registrations - Tenure Branch |
| Tenure Branch | 10th Floor - Reception |
| 9945 - 108 Street | 9945 - 108 Street |
| Edmonton, AB | Edmonton, AB |
| T5K 2G6 | T5K 2G6 |
Can I fax the Withdrawal of a Certificate of Lis Pendens to the department?
Two originals signed and sealed by the Clerk of the Court or court certified copies are required. Faxed copies are not acceptable for registration.
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E. SECURITY NOTICE/DISCHARGE OF SECURITY NOTICE
What is a Security Notice?
Financial institutions register security notices against Crown mineral agreements to record their interest in agreements that are used as collateral to secure a debt or loan.
Is there a prescribed form for filing or discharging a Security Notice?
Yes, the form is available on the Alberta Energy website at http://www.energy.alberta.ca/ Go to: Our Business >Tenure>Forms and Reporting.
What is the fee for registering or discharging a Security Notice?
The fee for registering a Security Notice is $50.00 for each agreement against which the notice is registered. Fees must be submitted with the request to register the Security Notice. Cheques are made payable to the Minister of Finance. There is no registration fee for a Discharge of Security Notice.
What is the correct procedure for registering or discharging a Security Notice?
Two copies of the Security Notice or Discharge must accompany the transmittal letter. Only one copy must be originally executed. An Affidavit of Execution is not required for a Security Notice or Discharge. The form and transmittal letter are available on the Alberta Energy website at http://www.energy.alberta.ca/ Go to: Our Business >Tenure>Forms and Reporting.
The submission of a Security Notice for registration must be made at the Alberta Energy office in Edmonton which is the document registration office for the department. Security Notices cannot be registered at the department’s office in Calgary.
The mailing address is: Delivery by courier or in person to:
| Registrations | Registrations - Tenure Branch |
| Tenure Branch | 10th Floor - Reception |
| 9945 - 108 Street | 9945 - 108 Street |
| Edmonton, AB | Edmonton, AB |
| T5K 2G6 | T5K 2G6 |
What is the maximum number of agreements that can be listed on the schedule for a Security Notice/Discharge?
There is no maximum number of agreements that can be listed on a schedule for a Security Notice or Discharge, however for ease of processing; agreements should be listed in number order.
Who must execute the Security Notice or Discharge?
A Security Notice must be signed by the secured party or agent. A Notice of Discharge of Security Interest must be signed by secured party, assignee or agent.
Can I fax the Security Notice or Discharge to the department?
No, two original forms must be submitted for registration. Faxed copies are not acceptable.
What documentation is required when a General Security Interest is being used as the Security Instrument for a Security Notice?
A copy of the Security Agreement is required when a General Security Interest is being used as the Security Instrument for a Security Notice.
What happens if the Secured Party is an Inactive Corporation and is unable to execute the Discharge of Security Notice?
The Security Notice can be cancelled by way of a Statutory Declaration or a Court Order in accordance with Sections 98 and 99 of the Mines and Minerals Act.
What confirmation will I receive when my Security Notice/Discharge has been registered?
You will receive a registered stamped copy of your Security Notice/Discharge indicating the registration date and number. You will also receive a registration advice letter and an agreement/encumbrance report.
Is a copy of the security instrument always required?
No, if the security instrument is a bank assignment under the Bank Act, a debenture or a mortgage, a copy of the document is not required. The Security Notice requires a description of the security interest arising from the security instrument.
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