398 THE ADVOCATE
VOL. 78 PART 3 MAY 2020
objections to the concept of periodic holdback release in multi-year projects,
some respondents thought the Project Committee’s proposal was too
complex and expressed a preference for the simpler Saskatchewan scheme
calling for holdback release on an annual basis.
The tentative recommendations to revamp the procedures to secure and
remove liens from title were designed to make this process faster, easier and
less costly. They were well received for the most part.
A number of associations urged rapid enactment in British Columbia of
the kind of prompt payment legislation that has recently come into effect
in Ontario and is awaiting implementation in several other provinces. That
legislation mandates fixed statutory timelines for payment of invoices
under construction contracts. The timelines are implied into construction
contracts that do not contain equivalent terms. Other construction industry
associations, however, agreed with the position taken by the Project Committee
in regard to prompt payment legislation. The consultation paper had
pointed out that payment delay in the construction sector is not exclusively
attributable to the Builders Lien Act and recommended that the merits of
Ontario-style prompt payment legislation should be examined in a separate
process having financial management of construction projects as its focus.
At the time of writing, the Project Committee is continuing to examine
the responses and revise the recommendations for changes to the Act. This
final phase of the Builders Lien Act Reform Project will culminate in the
issuance of the report, which is expected to be published by mid-2020.
COMING SOON: CONSULTATION ON PENSION DIVISION UNDER PART 6 OF
THE FAMILY LAW ACT
BCLI’s Pension Division Review Project Committee is nearing completion
of a consultation paper, which will contain proposals to amend Part 6 of the
Family Law Act, the Division of Pensions Regulation and the prescribed
When spouses separate, the Family Law Act provides for an orderly division
of family property. Pensions are one form of family property. For many
families, pensions trail only the family home as the most valuable item of
family property. But unlike houses, bank accounts, automobiles and most
other items of family property, pensions have proved to be especially difficult
to divide in practice. There are a variety of reasons for this difficulty. Most
notably, there is the temporal element. Pensions operate on long timelines.
Valuing a pension calls for actuarial expertise. There are also other interests
at play, beyond those of the spouses. The law must pay heed to the distinct
interests of pension administrators in administering a pension division.