Order in Council — oic cur 0222 2025

oic cur 0222 2025

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 8 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective June 30, 2025, the regulations set out in the attached

Schedule are amended as set out in that Schedule. Minister of Finance Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, s. 194; Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, s. 181; Manufactured Home Act, S.B.C. 2003, c. 75, s. 40; Motor Dealer Act, R.S.B.C. 1996, c. 316, s. 38; Personal Property Security Act, R.S.B.C. 1996, c. 359, s. 76 Other: O.C. 21/2021; O.C. 657/2004; O.C. 1897/83; O.C. 1128/2003; O.C. 2465/78; O.C. 697/2002 R20886077 222 May 12, 2025

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SCHEDULE Basic Vehicle Damage Coverage Regulation 1

Section 1 of the Basic Vehicle Damage Coverage Regulation, B.C. Reg. 4/2021, is amended in the definition of “lien holder” by striking out “ a garage keeper under the Repairers Lien Act” and substituting “a lien holder under the Commercial Liens Act ”. Debt Collection and Repayment Regulation 2

Section 2 (1) of the Debt Collection and Repayment Regulation, B.C. Reg. 295/2004, is amended by striking out “, except a sheriff executing a warrant under the Repairers Lien Act”. Insurance (Vehicle) Regulation 3

Section 1 (1) of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83, is amended in the definition of “lien holder” by striking out “a garage keeper under the Repairers Lien Act” and substituting “a lien holder under the Commercial Liens Act”. Manufactured Home Regulation 4 The Manufactured Home Regulation, B.C. Reg. 441/2003, is amended by adding the following section: Transmission under Commercial Liens Act 9.1

(1) If a transmission results from the sale of the manufactured home as a result of the exercise of the rights of a li en holder under

section 37 of the Commercial Liens Act, the notice of transfer must be accompanied by (

a) an affidavit, in a form satisfactory to the registrar, from the lien holder who caused the sale to be made, (

i) that the lien holder had, before the sale, a valid lien on the manufac- tured home, (ii) that the registered owner’s in terest in the manufactured home has been sold in compliance with

section 37 of the Commercial Liens Act, and (iii) containing the personal property registry base re gistration number that relates to the financing statem ent or financing change statement filed in relation to the manufactured home, and (

b) a statement from the transferee, in a form satisfactory to the registrar, that the transferee was the purch aser at the sale and, as such, is entitled to be registered as the owner of the manufactured home.

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(2) If a transmission results from the operation of

section 42 of the Commercial Liens Act, the notice of transfer must be accompanied by an affidavit from the transferee, in a form satisfactory to the registrar, (

a) that the transferee had, before the exercise of the tr ansferee’s rights under

section 42 of the Commercial Liens Act , a valid lien on the manufactured home, (

b) that the transferee is entitled to be registered as the owner of the manufac- tured home as a result of the operation of

section 42 of the Commercial Liens Act, and (

c) containing the personal property re gistry base regist ration number that relates to the financing statement or the financing change statement filed in relation to the manufactured home. Motor Dealer Act Regulation 5

Section 14 (4) (

a) of the Motor Dealer Act Re gulation, B.C. Reg. 447/78, is repealed and the following substituted: (

a) the person may dispose of the motor vehicle under Division 3 of

Part 6 of the Commercial Liens Act; . Personal Property Security Regulation 6

Section 1 (1) of the Personal Property Security Regulation, B.C. Reg. 227/2002, is amended, (

a) in the definition of “collateral” by repealing paragraph (e), by adding “, or” at the end of paragraph (

f) and by adding the following paragraph: (

g) authorized under the Commercial Liens Act, the goods that are the subject of the registration; , (

b) by adding the following

definitions: “commercial lien” has the same meaning as “lien” in

section 1 of the Commercial Liens Act; “commercial lien holder” has the same meaning as “lien holder” in

section 1 of the Commercial Liens Act; “contractor’s lien holder” has the same meaning as “lienholder” in the Forestry Service Providers Protection Act; , (

c) in the definition of “debtor” by repealing paragraph (e), by adding “ , or” at the end of paragraph (f) (ii) and by adding the following paragraph: (

g) authorized under the Commercial Liens Act, (

i) in the case of a registrati on against serial numbered goods, (

A) the owner, as defined in

section 12 (1) of the Commercial Liens Act, against whose interest in the collateral a commercial lien is held, or

page 4 of 8 (

B) if the person who requested the services is not the owner, as defined in

section 12 (1) of the Commercial Liens Act , the person who requested the services to which the registration applies; (ii) in the case of a registration against collateral that are not serial numbered goods, (

A) the owner, as defined in

section 12 (1) of the Commercial Liens Act, against whose interest in the collateral a commercial lien is held, and (

B) if the person who requested the services is not the owner, as defined in

section 12 (1) of the Commercial Liens Act , the person who requested the services to which the registration applies; , (

d) by repealing the definition of “garage keeper”, (

e) by repealing the definition of “lienholder”, (

f) in the definition of “motor vehicle” by striking out “and, when used in relation to a repairers lien, has the same meaning as in the Repairers Lien Act”, (

g) in the definition of “secured party” (

i) by repealing paragraph (e), (ii) in paragraph (f) (

i) by striking out “lienholder” and substituting “contractor’s lien holder”, (iii) in paragraph (f) (ii) by adding “ , or” at the end, and (iv) by adding the following paragraph: (

g) authorized under the Commercial Liens Act, the commercial lien holder in whose favour the commercial lien is registered; , (

h) by repealing the definition of “serial numbered goods” and substituting the following: “serial numbered goods” means, when used in relation to a registration, a motor vehicle, manufactured home, boat, outboard motor, trailer or aircraft; , and (

i) by adding the following definition: “services” has the same meaning as in

section 1 of the Commercial Liens Act; . 7

Section 3 is amended by repealing parag raph (

e) and by adding the following para- graph: (

j) a commercial lien. 8

Section 4 is amended (

a) in paragraph (

b) by striking out “

section 3 (a), (b), (g), (

h) or (i) ” and substi- tuting “section 3 (a), (b), (g), (h), (

i) or (j)”, and (

b) by repealing paragraph (d).

page 5 of 8 9

Section 10 (1) (

e) and (3) (

b) are amended by striking out “ subject to

section 12 (5)” and substituting “subject to

section 12 (5) (c)”. 10

Section 12 is amended by repealing subsec tion (5) and substituting the following:

(5) The following applies to a commercia l lien that is being registered under

section 12 of the Commercial Liens Act: (

a) the collateral that is serial numbered goods, and to which paragraph (

c) does not apply, is to be described by serial number in accordance with

section 10 of this regulation; (

b) the collateral that is not serial numbered goods is to be described in accordance with

section 11 (1) (

a) of this regulation; (

c) if the collateral is a boat that can be registered, recorded or licensed under the Canada Shipping Act or regulations made un der that Act and the boat has not been registered, recorded or licensed under that legislation, the words “no number” must be entered in place of the seri al number of the boat. 11

Section 16 is amended by striking out “ to reflect the transfer all of a secured party's interest” and substituting “to reflect the transfer of all of a secured party’s interest”. 12 Sections 20 and 21 are amended by striking out “ in respect of a security interest”. 13

Section 23 is amended (

a) by striking out “ security interest” wherever it appears and substituting “ registered interest” , and (

b) in paragraph (b) (ii) by striking out “ the name of the secured party ” and substi- tuting “the name of the person who holds the interest”. 14

Section 33 (1) is amended by striking out “ If the registration of an interest under the Act or under the Forestry Service Providers Protection Act or

section 30 of the Sale of Goods Act is to be renewed ” and substituting “ If the registration of an interest under the Act, the Commercial Liens Act, the Forestry Service Providers Protection Act or

section 30 of the Sale of Goods Act is to be renewed”. 15 Sections 34 (

c) and 36 (

c) are repealed. 16

Section 53 is repealed an d the following substituted: Fee for reply to demand 53

(1) In this section: “acknowledgement” has the same meaning as in

section 1 of the Commercial Liens Act; “authorization” has the same meaning as in

section 1 of the Commercial Liens Act.

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(2) If a demand has been made under sectio n 18 of the Act or

section 25 of the Commercial Liens Act , the person to whom the de mand is made is entitled to require payment of a fee for each reply, not exceeding the total of the following: (a) $15; (

b) if the demand is for a copy of a securi ty agreement, $0.50 per page of the security agreement, and any amendments to it, that is provided in response to that demand; (

c) if the demand is for a copy of an authorization or acknowledgement, $0.50 per page of the authorization or acknowledgement, and any amendments to it, that is provided in response to that demand. 17

Section 57 is amended (

a) by repealing subsections (3) and (4), (

b) in subsection (5) by adding “ given” after “A notice to the registrar”, and (

c) by adding the following subsections:

(8) A demand given under

section 17 (2) of the Commercial Liens Act must be in Form 11.

(9) Proof given to the registra r under

section 17 (5) of the Commercial Liens Act must be in Form 12. 18

Section 58 is repealed and the following substituted: Deemed damages 58 The debtor or person disclosed as debtor in a registration is deemed to have suffered damages of at least $300 for a cause of acti on referred to in

section 69 (4) of the Act or

section 58 (3) of the Commercial Liens Act. 19

Schedule 5 is amended (

a) in Form 4 by striking out “ financial statement” and substituting “ financing state- ment”, (

b) by repealing Forms 6 and 7, (

c) in Form 9 by striking out “ Lienholder” and substituting “ Contractor’s Lien Holder”, (

d) i n Form 10 (

i) by striking out “lienholder” wherever it appears and substituting “contractor’s lien holder”, and (ii) by striking out “in accordance with

section 23 of the Forestry Service Providers Protection Act” and substituting “in accordance with

section 24 of the Forestry Service Providers Protection Act”, and (

e) by adding the following forms:

page 7 of 8 FORM 11 DEMAND FOR DISCHARGE UNDER THE COMMERCIAL LIENS ACT (Section 57 (8) Personal Property Security Regulation and

Section 17 (2) Commercial Liens Act) Under

section 17 (2) of the Commercial Liens Act, I hereby demand that the financing statement registered by you, bearing registration number .......................... and registered on the .............. day of ......................... , 20............... , [choose one] [ ] be discharged [ ] be amended by discharging an interest in the collateral described as follows: ................................................................................................................................................................ ................................................................................................................................................................ not later than 40 days after the date this demand is given to you.

I claim my interest as the owner of collat eral described in the financing statement. If you fail to register a financing change statemen t discharging or amending the registration as required by this demand, I am entitled under

section 17 (5) of the Commercial Liens Act , on giving the registrar proof satisfactory to the registrar that the demand has been given to yo u, to register a financing change statement discharging or amending the registration in accordance with the demand, unless in the meantime you register an order of a court maintaining the registration. DATED this .......... day of .........., 20.... . ................................................................................... Name of owner ...................................................................................

Signature ................................................................................... Address To: Name of Commercial Lien Holder Address ..........................................................................................................................................

page 8 of 8 FORM 12 NOTICE TO REGISTRAR PROOF OF SERVICE OF DEMAND UNDER THE COMMERCIAL LIENS ACT (Section 57 (9) Personal Property Security Regulation and

Section 17 (5) Commercial Liens Act) I, ............................................................. , of .................................................................................[address] in the Province of ....................................................... do solemnly declare that: 1. Under

section 17 (2) of the Commercial Liens Act , a Demand for Discharge was given to the com- mercial lien holder named in the financing statemen t bearing registration number ...................... and registered on the ........... day of .............................. , 20 ....... . 2. Attached to this declarat ion is a copy of the Demand for Discharge that was given to the commercial lien holder. 3.

The Demand for Discharge was given to the co mmercial lien holder on the .......... day of .......................... , 20 ....... [choose one] [ ] by registered mail addressed to the address of the commercial lien holde r as it appears in the financing statement [ ] in the following manner, being one of the ways provided in

section 60 (2) (

a) of the Commer- cial Liens Act: ........................................................................................................................................................ at the following address: [state address where demand was served ] ...................................................................................................................................................... . 4. Not less than 40 days have elapsed from the date the Demand for Discharge was given to the com- mercial lien holder. 5. I am the owner of collateral de scribed in the financing statement.

And I make this solemn declaration consciously believ ing it to be true and knowing that it is of the same force and effect as if made under oath. SWORN (OR AFFIRMED) BEFORE ) ME at ........................., British Columbia ) on ..........[dd/mmm/yyyy].......... . ) ............................................................................ ) A commissioner for taking ) affidavits for British Columbia ) ....[ print name or affix stamp of commissioner].... To: The Personal Property Registrar

Document details

Collection	British Columbia — Orders in Council
Citation	oic cur 0222 2025
Type	order_in_council
Volume / chapter	oic cur 0222 2025
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4ab3415b96fb713e2a04ba60e125d27eb92bc4f3

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