Quebec Construction Lien Laws Face Urgent Reform Calls in New Report – Breaking News
MONTRÉAL, October 21, 2025 – Homeowners and contractors in Quebec could soon see significant changes to the province’s construction lien laws, following the release of a groundbreaking report by the Association of Consumers for Quality in Construction (ACQC). The report, funded by the Notarial Studies Fund of the Chambre des notaires du Québec, identifies several areas where Quebec’s system lags behind other Canadian provinces, potentially leading to abuse and financial hardship. This is a developing story, and archyde.com is bringing you the latest updates.
What is a Construction Lien and Why Does it Matter?
A construction lien – often referred to as a legal hypothec in Quebec – is a legal right granted to contractors, subcontractors, and suppliers to secure payment for their work and materials. Essentially, it allows them to place a claim against a property if they aren’t paid. While intended to protect those who contribute to a building project, the ACQC argues that the current system in Quebec is ripe for exploitation. Approximately 7,000 liens are filed annually, with around 1,000 impacting homeowners directly, and roughly 300 falling into the small claims range.
Key Findings: Where Quebec’s System Falls Short
The ACQC’s research, to be discussed in detail during a public webinar on October 28th at 6 p.m., highlights several critical areas needing reform. Here’s a breakdown of the most pressing issues:
- Real Estate Transaction Protection: Quebec currently lacks a system where a temporary hold by a notary during a real estate transaction can protect buyers from unexpected liens.
- Mortgage Priority: Unlike most other provinces, Quebec allows construction liens to take priority over conventional mortgages before the work is even completed, potentially putting homeowners at significant financial risk.
- Registration Timelines: Quebec’s 30-day registration period for liens is the shortest in Canada (tied with Newfoundland and Labrador), hindering dispute resolution and potentially forcing contractors to file liens prematurely.
- Professional Requirements: While Quebec is unique in requiring professional assistance to register a lien – a measure intended to curb abuse – the report suggests greater accountability is needed within that process.
- Notice of Action: The report proposes allowing homeowners to issue a “notice of having to bring an action,” compelling creditors to quickly pursue legal action or lose their lien rights.
- Minimum Lien Amounts: Several provinces require a minimum amount for registering a lien (New Brunswick recently set the highest at $1,000). Quebec currently has no such threshold.
- Small Claims Accessibility: The ACQC advocates for allowing partial referral of small claims disputes to the small claims division, as is now possible in Ontario, to make dispute resolution more affordable.
- Penalties for False Claims: British Columbia has taken the lead by implementing offenses and fines for registering liens based on false allegations – a measure the ACQC believes Quebec should adopt.
The Bigger Picture: Construction Law and Homeowner Protection
This isn’t just a Quebec issue. Construction lien laws across Canada are complex and often misunderstood. They’re designed to balance the rights of those providing labor and materials with the rights of property owners. However, imbalances can lead to costly legal battles and significant stress for everyone involved. The ACQC has been advocating for improvements to Quebec’s system since 2021, recognizing the need for a fairer and more transparent process. The funding from the Notarial Studies Fund underscores the importance of this issue to the legal community as well.
The ACQC’s work builds on an existing report from the Chamber of Notaries of Quebec, demonstrating a growing consensus that reform is necessary. The Minister of Justice has also committed to reviewing the law, suggesting that change may be on the horizon.
Stay Informed: Webinar and Resources
The ACQC will be hosting a public webinar on October 28th at 6 p.m. to discuss the report’s findings in detail. You can find more information and register for the webinar on the ACQC website: acqc.ca. The Notarial Studies Fund’s website (bilansocial.cnq.org) also provides valuable insights into their work supporting access to justice and legal evolution.
As Quebec moves towards potentially significant changes in its construction lien laws, staying informed is crucial for both homeowners and contractors. archyde.com will continue to follow this story and provide updates as they become available. Understanding your rights and responsibilities is the first step towards navigating the complexities of construction projects and protecting your financial interests.
