Land Title Practice Manual

Workers Compensation Act, Sections 264 And 265

In This Volume

The Act establishes the Workers’ Compensation Board and a scheme for the compensation of workers who are injured or disabled or who die during the course of their employment. The board is authorized to determine and collect assessments from employers for the purpose of funding the scheme. Where an employer defaults in the payment of an assessment, the board may issue a certificate stating the amount unpaid.

  • Nature of Interest: Amount due constitutes a lien in favour of the board.
  • Effect of Lien: Lien payable in priority over liens, charges, or mortgages, whenever created, with respect to property used in or in connection with the industry with respect to which the employer was assessed, except for liens for wages due to workers by their employer.
  • Procedures for Enforcement—Liens: Board may enforce the lien by proceedings under the Court Order Enforcement Act.
  • Procedures for Enforcement—Certificates: Board may file a certificate or a certified copy with the district registrar of the Supreme Court.
  • Effect of Filing: Certificate, once filed, becomes an order of the court and may be enforced as a judgment of the court.
  • Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Judgment, and attach an image of the original Certificate of Judgment.

Crown Lien Taking Effect after Registration of Certificate of Pending Litigation in Foreclosure Proceedings or Forced Sale Proceedings

Under s. 30 of the Land Title Act, liens created by judgments in favour of the Workers’ Compensation Board, even when registered after a certificate of pending litigation, may have priority, over mortgages and certain other charges and rights registered before the judgment. See s. 265 of the Workers Compensation Act. When one of these Crown liens may have priority over the claim of the holder of a certificate of pending litigation in a foreclosure action or court-ordered sale, and if the lien holder is not joined as a party, such liens will not be released automatically from title. The registrar issues a notice under s. 294.6(e) or 303(e) of the Land Title Act to the board advising it that its lien will be removed from title two weeks after the notification, thus giving the board time to assert its priority. If the applicant has joined the board, the registrar does not send a notice.

Selected Case Law

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