Can You Construction Lien An Airport?

Government infrastructure projects are a large source of work for the construction industry.  However, the lien rights of contractors and subcontractors are often varied or altered with respect to work performed on government lands.  With respect to provincial government lands, these changes are usually set out in the provincial legislation, the Ontario Construction Lien Act.  But, what about construction projects on federal lands like airports?  The answer is that it depends.  

Airports and aeronautics are a federal government undertaking.  Ordinarily, provincial legislation applies to areas of federal jurisdiction provided that there is no direct conflict between any federal legislation on the subject.  Where provincial legislation interferes with the core of a federal undertaking, the provincial legislation may be inoperative.  Canadian courts have held that the application of provincial lien legislation to federally governed airports can be one such situation.