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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Repairers Lien Act

[RSBC 1996] CHAPTER 404

Contents
 1 Definitions and interpretation
 2 Lien on chattels
 3 Garage keeper's lien on motor vehicle, aircraft, boat or outboard motor
 4 Duration and renewal of lien
 5 Garage keeper's obligation to discharge lien
 6 Registration documents, removal from registry
 7 No constructive notice
 8 Registry searches
 9 Recovery of loss caused by error in registry
 10 Priority of lien
 11 Enforcement of lien in respect of motor vehicle, aircraft, boat or outboard motor
 12 Garage keeper's power of sale
 13 Repealed
 14 Power to make regulations

Definitions and interpretation

1  (1) In this Act:

"aircraft" means any machine used or designed for navigation of the air;

"boat" includes an inboard motor and an outboard drive unit, a jet propulsion unit, or any equipment that is accessory to the motor for the purpose of propelling the boat;

"financing change statement" means a financing change statement as defined in the Personal Property Security Act;

"financing statement" means a financing statement as defined in the Personal Property Security Act;

"garage keeper" means any person who keeps a place of business for the sale of motor accessories or for the storage or repair of motor vehicles, aircraft, boats or outboard motors;

"material" means every kind of movable property;

"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes a trailer as defined in that Act;

"person" includes a firm, a partnership, an association or any other legal entity;

"registrar" means the registrar as defined in the Personal Property Security Act;

"registry" means the personal property registry as defined in the Personal Property Security Act.

(2) For the purposes of this Act, a person, partnership, corporation or association knows or has knowledge if it would have knowledge under the circumstances referred to in section 1 (2) of the Personal Property Security Act.

Lien on chattels

2  (1) A mechanic or other person who, by bestowing money, skill or materials on any chattel in altering and improving its properties, or increasing its value, becomes entitled to a lien on the chattel for the amount or value of the money, skill or materials bestowed, has, while the lien exists, power to sell the chattel, if the amount to which he or she is entitled remains unpaid for 90 days after it ought to have been paid.

(2) Before selling a chattel under subsection (1), the mechanic or other person must give 2 weeks' notice by advertisement in a newspaper published in the city, town or county in which the work was done, or in case there is no newspaper published in the city, town or county, then in a newspaper published in British Columbia nearest to it.

(3) A notice under subsection (2) must state the following:

(a) the name of the person indebted;

(b) the amount of that person's debt;

(c) a description of the chattel to be sold;

(d) the time and place of sale.

(4) After the sale, the mechanic or other person must do the following:

(a) apply the proceeds of the sale in payment of the debt, and the costs of advertising and sale;

(b) pay over the surplus, if any, to the person entitled to it, when that person applies for it;

(c) leave a written notice of the result of the sale at the owner's last known place of residence or business or mail the notice to either address.

Garage keeper's lien on motor vehicle, aircraft, boat or outboard motor

3  (1) If a garage keeper, before surrendering possession of a motor vehicle, aircraft, boat or outboard motor, obtains from the person at whose request the garage keeper has bestowed money, skill or materials on it, an acknowledgment of debt by requiring that person to sign an invoice or other statement of account, the garage keeper does not, by surrendering possession of the motor vehicle, aircraft, boat or outboard motor, lose any lien on it.

(2) The lien ceases to exist on the expiry of 21 days after possession is surrendered unless, in the meantime, the garage keeper registers in the registry a financing statement respecting the lien on the motor vehicle, aircraft, boat or outboard motor.

(3) Registration of a financing statement is effective from the time assigned to it in the office of the registry.

(4) If 2 or more financing statements are assigned the same time, the order of registration is determined by reference to the registration numbers assigned to the financing statements in the registry office.

(5) The registrar must not register a financing statement or issue a search result respecting a lien under this Act until any fees prescribed under the Personal Property Security Act have been paid or arrangements satisfactory to the registrar for their payment have been made.

(6) A registration may relate to one or more liens.

(7) The motor vehicle, aircraft, boat or outboard motor must be described on the financing statement in the form and manner prescribed by regulation under the Personal Property Security Act.

(8) The validity of the registration of a financing statement is not affected by a defect, irregularity, omission or error in the financing statement or in the registration of it unless the defect, irregularity, omission or error is seriously misleading.

(9) A registration is invalid if the motor vehicle, aircraft, boat or outboard motor is required, by the regulation referred to in subsection (7), to be described in a financing statement by serial number and there is a seriously misleading defect, irregularity, omission or error in

(a) the name of the owner of the motor vehicle, aircraft, boat or outboard motor, or

(b) the serial number of the motor vehicle, aircraft, boat or outboard motor.

(10) Nothing in subsections (8) and (9) requires, as a condition to a finding, that a defect, irregularity, omission or error is seriously misleading, proof that anyone was actually misled by it.

(11) Failure to provide a description in a financing statement of a motor vehicle, aircraft, boat or outboard motor does not affect the validity or effectiveness of the registration with respect to another motor vehicle, aircraft, boat or outboard motor described on the financing statement.

(12) The registrar may reject a financing statement when, in the opinion of the registrar, it does not comply with this Act or the regulations.

(13) The registrar must give written reasons for rejecting a financing statement.

Duration and renewal of lien

4  (1) On the registration of a financing statement, the lien continues for a period of 180 days after the date of registration and, subject to subsections (2) and (3), after that period

(a) the lien ceases to exist, and

(b) the registration of the financing statement is no longer effective.

(2) If the motor vehicle, aircraft, boat or outboard motor has been seized under section 11 within the period referred to in subsection (1) or allowed under subsection (3), the lien continues for as long as the motor vehicle, aircraft, boat or outboard motor remains in the possession of the sheriff or of the garage keeper.

(3) If it appears that a seizure cannot be effected within the 180 days, a court may order, on application made without notice to any person but within the 180 days, that the time during which the seizure may be made be extended for a further period not exceeding 180 days after the date of the order.

(4) If an order is made under subsection (3), the lien continues until the date specified in the order, as long as a financing change statement is registered in respect of the order in the registry before the expiry of the 180 days referred to in subsection (1).

Garage keeper's obligation to discharge lien

5  (1) If a financing statement, or a financing change statement referred to in section 4 (4), is registered, and

(a) the debt with respect to which the financing statement or financing change statement has been registered is paid, or

(b) the garage keeper is not entitled to maintain the registration of the financing statement or financing change statement relating to a claim of lien on the motor vehicle, aircraft, boat or outboard motor,

the garage keeper must discharge, or if the registration relates to more than one lien partially discharge, the registration by registering a financing change statement with respect to that motor vehicle, aircraft, boat or outboard motor.

(2) If a garage keeper fails to discharge or partially discharge a registration as required by subsection (1), the owner or anyone with an interest in the motor vehicle, aircraft, boat or outboard motor may give a written demand to the garage keeper requiring the garage keeper to register a financing change statement, not later than 15 days after the demand is given, discharging or partially discharging the registration.

(3) If the garage keeper fails to comply with a demand referred to in subsection (2) after the demand is given, the person who gave the demand may require the registrar to give a notice in writing to the garage keeper stating that the registration will be discharged or partially discharged by the registrar in accordance with the demand, on the expiry of 40 days after the day the registrar gives the notice to the garage keeper, unless in the meantime the garage keeper registers an order of a court maintaining the registration.

(4) A demand referred to in subsection (2) may be given

(a) in accordance with section 72 of the Personal Property Security Act, or

(b) by registered mail addressed to the address of the garage keeper as it appears on the financing statement.

(5) On application by the garage keeper to any court having jurisdiction, the court may order that the registration be maintained, discharged or partially discharged.

(6) A fee must not be charged and an amount must not be accepted by a garage keeper for compliance with a demand referred to in subsection (2).

(7) If, without reasonable excuse, a garage keeper fails to comply with subsection (1) or the demand referred to in subsection (2), the owner or any person with an interest in the motor vehicle, aircraft, boat or outboard motor has a right to recover compensation from the garage keeper for loss or damage that was reasonably foreseeable as liable to result from the failure.

Registration documents, removal from registry

6  (1) If a financing statement is registered in the registry, the registrar may have the statement photographed or otherwise reproduced and the reproduction is for all purposes deemed to be the statement photographed or reproduced.

(2) Information in a registration may be removed from the records of the registry

(a) when the registration is no longer effective,

(b) on receipt of a financing change statement discharging or partially discharging the registration,

(c) if the garage keeper fails to submit to the registrar a court order maintaining the registration under section 5 (5), or

(d) on receipt of a court order compelling the discharge or partial discharge of a registration.

No constructive notice

7  For the purposes of this Act, registration of a financing statement in the registry is not constructive notice or knowledge of its existence or contents to third parties.

Registry searches

8  (1) A person may request, in the manner prescribed under the Personal Property Security Act, one or more of the following:

(a) a search against the name of a person and the issue of a search result;

(b) a search according to the serial number of goods of a kind that may be, or are required to be, described by serial number on a financing statement and the issue of a search result;

(c) a search according to a registration number and the issue of a search result;

(d) a certified copy of any registered document.

(2) A printed search result that purports to be issued by the registry is receivable in evidence as proof, in the absence of evidence to the contrary, of its contents including

(a) the date of registration of a financing statement to which the search result refers, and

(b) the order of registration of the financing statement as indicated by the registration number.

(3) A copy of a registered financing statement or other registered document bearing the certification of the registrar is receivable in evidence as a true copy of the statement or document without proof of the signature or official position of the registrar.

Recovery of loss caused by error in registry

9  Sections 52 and 54 of the Personal Property Security Act apply to this Act.

Priority of lien

10  After possession of the motor vehicle, aircraft, boat or outboard motor has been surrendered by the garage keeper, the garage keeper's lien on it is postponed to

(a) the interest of a buyer acquired in good faith, for value and without knowledge of the lien of the garage keeper after the surrender and before a financing statement relating to the lien is registered as provided under this Act,

(b) a security interest acquired in good faith, for value and perfected under the Personal Property Security Act after the surrender and before a financing statement relating to a lien is registered under this Act,

(c) another repairer's lien under section 3 if

(i)   the money, skill or materials to which the other lien relates was bestowed in good faith and without knowledge of the first lien, and

(ii)   a financing statement relating to the other lien is registered as provided under this Act before a financing statement relating to the first lien is registered, and

(d) the lien of a repairer who has retained possession, if the money, skill or materials to which the other lien relates was bestowed in good faith, without knowledge of the first lien and before a financing statement relating to the first lien is registered under this Act.

Enforcement of lien in respect of motor vehicle, aircraft, boat or outboard motor

11  (1) At any time while the lien of a garage keeper exists, the garage keeper may issue a warrant addressed to a bailiff licensed under the Business Practices and Consumer Protection Act, or to the sheriff of the county or district in which the motor vehicle, aircraft, boat or outboard motor subject to the lien is for the time being, directing the bailiff or the sheriff to

(a) seize the motor vehicle, aircraft, boat or outboard motor within 180 days after the date of the filing of the lien and

(b) return the motor vehicle, aircraft, boat or outboard motor to the garage keeper.

(2) On receipt of the warrant and of his or her fees for the seizure, the bailiff or the sheriff must personally, or by his or her employee, deputy or officer,

(a) seize in the period of 180 days the motor vehicle, aircraft, boat or outboard motor if it is found in the territory, county or district for which the bailiff is licensed or for which the sheriff is appointed and

(b) deliver it to the garage keeper.

(3) A person must not demand or take, with respect to the enforcement of a lien under this Act, any fee or compensation other than what is prescribed.

Garage keeper's power of sale

12  When a motor vehicle, aircraft, boat or outboard motor has been delivered to a garage keeper under section 11, the garage keeper may sell the motor vehicle, aircraft, boat or outboard motor in the manner provided, and subject to the same conditions as to advertisement and otherwise as are contained in section 2.

Repealed

13  [Repealed 1997-45-53.]

Power to make regulations

14  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the matters set out in section 76 of the Personal Property Security Act as they relate to this Act.