New Brunswick's Bill 12: Construction Remedies Act
received Royal Assent on December 18, 2020, and the majority of its
provisions came into force on November 1, 2021. The new
Act replaces the Mechanics' Lien Act, SNB
1973, c.M-6.
While the new Construction Remedies Act retains a
number of the key elements of the Mechanics' Lien Act
it replaced, it also contains critical modifications and additions
which, taken together, represent the most significant effort to
modernize New Brunswick's construction lien legislation in over
forty-five (45) years.
This article is intended as an overview of some of the
significant new features of the new Act.
Transitional Provisions
The Mechanics' Lien Act will continue to apply to
contracts entered into prior to November 1, 2021, while the new
Act will apply to all contracts entered into on or after
that date.