Contractor's Affidavit Of Release Of Liens Template for Canada

When you complete a construction project in Canada, you need a Contractor's Affidavit of Release of Liens to provide legal assurance that all project-related debts have been satisfied. This sworn document serves as your formal declaration that you have paid all subcontractors, suppliers, and workers in full, releasing any potential lien claims against the property. The affidavit is essential for protecting property owners and enabling the release of statutory holdback funds required under Canadian construction legislation.

When do you need this document?

You must prepare this affidavit when requesting final payment from a property owner or general contractor, particularly when statutory holdback periods are expiring. Construction lenders typically require this document before releasing final mortgage advances, and title companies need it to clear any potential lien clouds before property transfers. If you are completing substantial completion certificates or applying for occupancy permits, this affidavit may be required to demonstrate that all trade obligations have been satisfied. You also need this document when settling disputes or claims related to unpaid subcontractors or suppliers, as it provides legal proof of full payment.

Key legal considerations

Your affidavit must include comprehensive project information, detailed payment confirmations, and declarations regarding the statutory lien period in your jurisdiction. You need to provide accurate contractor and property owner information, including legal names, addresses, and relevant registration numbers. The document must specifically address all subcontractors and material suppliers involved in the project, confirming that each has been paid according to their contract terms. You should attach supporting documentation such as final invoices, payment receipts, or subordinate lien releases to substantiate your claims. Be aware that making false statements in this sworn document constitutes perjury and can result in serious legal consequences, including criminal charges and civil liability.

Legal requirements in Canada

Provincial legislation governs the specific requirements for your affidavit, with Ontario's Construction Act, British Columbia's Builders Lien Act, and Alberta's Builders' Lien Act being the primary governing statutes. You must execute the document before a notary public, commissioner of oaths, or other authorized official as required by your provincial jurisdiction. In Quebec, the Civil Code governs construction hypothecs and their release, requiring compliance with different procedural requirements. Your affidavit must address the statutory holdback period, which varies by province but typically ranges from 45 to 60 days after substantial completion. You must ensure compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) when handling personal information within the affidavit, particularly regarding subcontractor and supplier details.