Why a CRA lien is different from an ordinary lien
Most liens come from a creditor who had to sue, win a judgment, and register a writ. CRA doesn’t have to do any of that — under Canada’s tax legislation it can register a charge against your property without a court order. And for amounts you collected on the Crown’s behalf — HST/GST and payroll source deductions — CRA can assert a deemed trust that can rank ahead of your existing first mortgage, not behind it.CRA
That priority is why lenders treat a CRA claim so seriously and won’t fund into a live one. It also means these files should be treated urgently, especially where payroll or HST/GST is involved. The precise scope of deemed trust and priority is a legal question for your tax lawyer — we coordinate the financing around that advice. This is general information, not legal or tax advice.
