The CoA agreed with the QB, finding the
BLA applied and the liens were valid. The central
question at issue was the interpretation of
section 5 of the BLA, which reads:
Application of Act to Crown
5(1) Except as otherwise provided, the
Crown is bound by this Act.
(2) This Act does not apply where services
or materials are provided:
(a) in connection with a contract entered
into under or pursuant to The Highways
and Transportation Act; or
(b) in connection with the construction or
improvement of a street or highway owned
by the Crown.
(3) Notwithstanding subsection (2), this
Act applies where services or materials are
provided in connection with the construction
or improvement of a bridge owned by
the Crown other than a bridge constructed
or improved under or pursuant to The
Highways and Transportation Act.
The court found the determination of whether
the Act applies to a public street or highway is
a three-stage test, where the first determination
is whether the roads are owned by the Crown.
All parties agreed the answer was “yes,” and the
test proceeded to the next two stages:
1. Is the project being performed under
or pursuant to The Highways
and Transportation Act (HTA)?
If the answer is “yes,” the BLA does not apply.
End of inquiry.
If the answer is “no,” move on to question #2:
2. Does the project include a bridge?
If the answer is “yes,” the BLA applies.
If the answer is “no,” the BLA does
not apply.
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CONSTRUCTION LAW
Subcontractors in the road building
industry should be aware the BLA
does not apply to most public road
construction and improvement projects.
42 Think BIG | Quarter 2 2020 | saskheavy.ca
/canada
/saskheavy.ca
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