81/2004

O.C. 212/2004

March 5, 2004

March 31, 2004

Miscellaneous Registrations Act, 1992

Miscellaneous Registrations Regulation

[Last amended July 15, 2024 by B.C. Reg. 228/2024]

81_2004_pit

Definitions, Application and Adoption of the Personal Property Security Regulation

Definitions and application

In the Act and this regulation, claim means any of the following as defined in subsection (2):

a Crown charge;

a lien for unpaid wages;

a proceeds of crime notice;

a heritage conservation notice;

a manufactured home notice;

a lien for maintenance arrears;

a securities order or proceeding notice.

In this regulation:

Act means the Miscellaneous Registrations Act, 1992 ;

collateral means personal property that is subject to a claim;

Crown charge means a lien or charge against, or other interest in, personal property if the lien, charge or interest is

created by an enactment, and

held by the Crown in right of Canada or a province;

debtor means a person who owns personal property that is subject to a claim;

discharge means a discharge obtained under

Part 3 based on the entries required and transmitted to the registry under

section 14 to effect a discharge of a registration;

financing change statement means the financing change statement established by the registrar;

financing statement has the meaning in the Act, and in this regulation refers to entries transmitted to the registry to effect a registration;

heritage conservation notice means a notice that personal property has been designated as a heritage object under the Heritage Conservation Act ;

lien for maintenance arrears means a lien for maintenance arrears created under

section 26.1 of the Family Maintenance Enforcement Act ;

lien for unpaid wages means a lien, charge and secured debt for unpaid wages created under

section 87 (1) or (1.1) of the Employment Standards Act ;

manufactured home notice means a notice that the Registrar of Manufactured Homes under the Manufactured Home Act

will not register a manufactured home or an instrument that transfers an interest in a manufactured home, and

will not issue a transport permit for a manufactured home;

proceeds of crime notice means a notice that

a restraint order has been issued under

section 462.33 (3) of the Criminal Code , or

an order of forfeiture has been made under

section 462.37 (1) or (2.01) or 462.38 (2) of the Criminal Code ;

registering party means the person submitting a financing statement or financing change statement for registration;

secured party means a holder as defined in the Act;

securities order or proceeding notice means a notice of

a lien and charge created under

section 163.1 of the Securities Act , or

an order or proceedings under

section 164.18 (2) of the Securities Act that may affect personal property;

security interest has the same meaning as in the Personal Property Security Act ;

serial numbered goods means

for the purpose of registering a manufactured home notice, the manufactured home that is the subject of the notice, and

for the purpose of registering a proceeds of crime notice, a securities order or proceeding notice or a lien for maintenance arrears, a motor vehicle, manufactured home, boat, outboard motor, trailer or aircraft.

Subject to subsection (4) of this section, the

definitions of the following phrases in

section 1 (1) and (2) of the Personal Property Security Regulation are adopted:

aircraft;

artificial body;

Repealed. [B.C. Reg. 326/2021, App. 2, s. 1 (f).]

base registration;

Repealed. [B.C. Reg. 326/2021, App. 2, s. 1 (f).]

boat;

business debtor;

Repealed. [B.C. Reg. 326/2021, App. 2, s. 1 (f).]

general collateral;

manufactured home;

motor vehicle;

l)-(m

Repealed. [B.C. Reg. 326/2021, App. 2, s. 1 (f).]

secured party code;

trailer;

verification statement.

If a provision of the Personal Property Security Regulation is adopted by this regulation the

definitions in this

section apply to the adopted provision.

[am. B.C. Regs. 326/2021, App. 2, ss. 1 and 14 (b); 228/2024, ss. 1 and 2.]

Application of the Personal Property Security Regulation

Unless this regulation provides otherwise, the provisions of the Personal Property Security Regulation apply to claims under this regulation to the extent the provisions are consistent with this regulation.

[am. B.C. Reg. 326/2021, App. 2, s. 14 (c).]

Not all of the Personal Property Security Regulation is adopted

Parts 3, 4 and 6 of the Personal Property Security Regulation are not adopted by this regulation.

[am. B.C. Reg. 326/2021, App. 2, s. 14 (c).]

Financing Statement

Type of claim

The registering party must make the appropriate entries to indicate whether the registration is a Crown charge or another type of claim.

Application of Division 1 and Division 2 of

Part 2 of the Personal Property Security Regulation

Sections 2, 4 (e), (

f) and (

g) and 5 and Division 2 of

Part 2 of the Personal Property Security Regulation apply to the registration in the registry of a financing statement that relates to a claim under

section 2 of the Act.

For the purposes of subsection (1) of this section,

section 4 (

f) of the Personal Property Security Regulation must be read as if the words "full mailing address for each debtor" were replaced with "last known address of the debtor in the records of the secured party".

[am. B.C. Reg. 326/2021, App. 2, ss. 2 and 14 (c).]

Repealed

Repealed. [B.C. Reg. 326/2021, App. 2, s. 3.]

Type of Crown charge

If a Crown charge is being registered, the statute under which the Crown charge is claimed must be indicated

by selecting the appropriate Crown charge from the following statute list:

Carbon Tax Act

Forest Act

Insurance Premium Tax Act

Income Tax Act

(Canada)

Logging Tax Act

Mineral Land Tax Act

Mineral Tax Act

Motor Fuel Tax Act

Petroleum and Natural Gas Act

Property Transfer Tax Act

Provincial Sales Tax Act

School Act

Speculation and Vacancy Tax Act

Taxation (Rural Area) Act

Tobacco Tax Act

if the name of the statute is not provided in the list in paragraph (a), by entering the name of the statute in the space marked "Other".

[am. B.C. Regs. 126/2008, s. 5; 129/2008, s. 2; 112/2010, s. 9; 91/2013, Sch. s. 5; 326/2021, App. 2, s. 4.]

Type of claim if not a Crown charge

If a claim that is not a Crown charge is being registered, the type of claim must be indicated by selecting the appropriate claim from the selections provided on the screen.

Length of registration

A registration is effective until it is discharged.

Registering party

The full name and address of the registering party must be entered in the space provided on the screen.

[am. B.C. Reg. 326/2021, App. 2, s. 5.]

Description of collateral

To register a Crown charge, the collateral must be described

in accordance with

section 11 (1) and (2) of the Personal Property Security Regulation, or

by using the same language that the enactment creating the Crown charge uses to describe the personal property that is subject to the Crown charge.

To register a lien for unpaid wages, the collateral must be described by entering "all the personal property of the debtor, including money due or accruing due".

To register a proceeds of crime notice, the collateral must be described as follows:

that portion of the collateral that is serial numbered goods must be described in accordance with

section 10 of the Personal Property Security Regulation;

that portion of the collateral that is not serial numbered goods must be described in accordance with

section 11 (1) and (2) of the Personal Property Security Regulation.

To register a heritage conservation notice, the collateral must be described in accordance with

section 11 (1) and (2) of the Personal Property Security Regulation.

To register a manufactured home notice, the collateral must be described in accordance with

section 10 of the Personal Property Security Regulation.

To register a lien for maintenance arrears, the collateral must be described as follows:

that portion of the collateral that is serial numbered goods must be described in accordance with

section 10 of the Personal Property Security Regulation;

that portion of the collateral that is not serial numbered goods must be described in accordance with

section 11 (1) and (2) of the Personal Property Security Regulation.

To register a securities order or proceeding notice, the collateral must be described as follows:

that portion of the collateral that is serial numbered goods must be described in accordance with

section 10 or 11 (1) and (2) of the Personal Property Security Regulation;

that portion of the collateral that is not serial numbered goods must be described in accordance with

section 11 (1) and (2) of the Personal Property Security Regulation.

[am. B.C. Regs. 326/2021, App. 2, ss. 6 and 14 (c); 228/2024, s. 3.]

Amendments to and Discharges of Registrations

Registration amendments and discharges

A financing change statement must be used to register an amendment to or a discharge of a registration.

a)-(f

Repealed. [B.C. Reg. 326/2021, App. 2, s. 8 (b).]

The registering party must enter the following information on the financing change statement:

the registration number of the base registration that relates to the registration to be amended;

the name of a debtor as entered on the registration or a confirmation that the registration is the correct registration to be amended.

Repealed. [B.C. Reg. 326/2021, App. 2, s. 8 (b).]

2.1

In addition to the entries required under this section, a person seeking an amendment to a registration may enter one or more of the following:

a reference number for the person's own purposes;

the email address of the registering party;

the email address of the secured party.

If the amendment is to reflect the transfer of all the debtor's interest, the registering party must,

in the appropriate spaces for an individual or business debtor, enter an indication of which debtor appearing in the registration is to be deleted from the registration, and

in the appropriate spaces for an individual or business debtor, enter a description, in accordance with Division 2 of

Part 2 of the Personal Property Security Regulation, of the debtor to whom the interest in the collateral has been or is to be transferred.

3.1

In addition to the entries required under subsection (3), the registering party may enter, in relation to a debtor who is an individual, the debtor's birthdate.

If the amendment is to reflect the release of a debtor, the registering party must, in the appropriate spaces for an individual or business debtor, enter an indication of which debtor appearing in the registration is to be deleted from the registration.

If the amendment is to reflect a partial discharge of collateral, the registering party must, in the appropriate spaces marked "Vehicle Collateral" or "General Collateral",

if collateral that is being discharged has been described by serial number in a vehicle collateral line in the existing registration, enter an indication of which item appearing in the registration is to be deleted from the registration, and

if general collateral is being discharged, enter a description of the collateral being discharged.

If the amendment is to reflect the addition of collateral, the registering party must, in the appropriate spaces marked "Vehicle Collateral" or "General Collateral", enter a description of the added collateral in accordance with

section 11.

If the amendment is to reflect the substitution of collateral, the registering party must

enter the information required by subsection (5) to describe the collateral being discharged, and

enter the information required by subsection (6) to describe the collateral being added.

If the amendment is the registration of a court order, the registering party must

enter the name of the court that issued the order, the court registry out of which the order was issued, the court file number, the date of the order and the effect of the order, and

in the appropriate spaces, delete or add information if required to effect the court order.

Repealed. [B.C. Reg. 326/2021, App. 2, s. 8 (o).]

If the amendment is to reflect the transfer of part of the collateral to a new debtor, the registering party

must enter

the words "partial transfer to new debtor",

a description of the collateral being transferred, and

iii

a description, in accordance with Division 2 of

Part 2 of the Personal Property Security Regulation, of the debtor to whom the collateral is being transferred, and

may enter, in relation to a debtor who is an individual, the debtor's birthdate.

9.1

If the amendment is to reflect a change to a debtor's name or address, the registering party must

enter an indication of which debtor's name or address appearing in the registration is to be deleted from the registration, and

in the appropriate spaces for an individual or business debtor, in accordance with Division 2 of

Part 2 of the Personal Property Security Regulation,

if the debtor's name is changed, enter the debtor's address and new name,

if the debtor's address is changed, enter the debtor's name and new address, or

iii

if both the debtor's name and address are changed, enter the debtor's new name and new address.

9.2

If the amendment is to add a debtor's name and address, the registering party

must enter the new debtor's name, in accordance with Division 2 of

Part 2 of the Personal Property Security Regulation, and the new debtor's address, and

may enter, in relation to a debtor who is an individual, the debtor's birthdate.

9.3

If the amendment is not otherwise referred to in this Part, the registering party must enter

a description of the type of change,

the exact information appearing in the registration that is to be deleted from the registration,

if a debtor or vehicle collateral is being deleted, an indication of which debtor or vehicle collateral item appearing in the registration is to be deleted from the registration, and

the exact information that is to be added to the registration.

The registering party must enter the registering party's full name and full mailing address.

Repealed. [B.C. Reg. 326/2021, App. 2, s. 8 (b).]

[am. B.C. Reg. 326/2021, App. 2, s. 8.]

Repealed

Repealed. [B.C. Reg. 326/2021, App. 2, s. 9.]

Discharges of registrations

Sections 35 (

a) and (

b) and 36 of the Personal Property Security Regulation are adopted.

In addition to the entries required under

section 35 (

a) and (

b) of the Personal Property Security Regulation, the entry of the full name and full mailing address of the registering party is required.

[en. B.C. Reg. 326/2021, App. 2, s. 10.]

General

General

Part 7 of the Personal Property Security Regulation is adopted, except sections 52 to 54 and 56 to 59.

Repealed. [B.C. Reg. 326/2021, App. 2, s. 11.]

[am. B.C. Reg. 326/2021, App. 2, ss. 11 and 14 (c).]

Demand under

section 6 (3) of the Act

A demand given under

section 6 (3) of the Act must be in the form in the

Schedule to this regulation.

[am. B.C. Reg. 326/2021, App. 2, s. 12.]

Forms and Schedules

Schedule 2 of the Personal Property Security Regulation

Schedule 2 of the Personal Property Security Regulation is adopted.

[en. B.C. Reg. 326/2021, App. 2, s. 13.]

Form 3 of the Personal Property Security Regulation

Form 3 of the Personal Property Security Regulation applies for the purposes of this regulation.

[am. B.C. Reg. 326/2021, App. 2, s. 14 (c).]

Schedule

[en. B.C. Reg. 326/2021, App. 2, s. 15.]

Form

DEMAND FOR DISCHARGE UNDER THE MISCELLANEOUS REGISTRATIONS ACT, 1992

(Section 16 Miscellaneous Registrations Regulation and

Section 6 (3) Miscellaneous Registrations Act, 1992)

To:

Name of Holder: ....................................................................................................

Address: ...................................................................................................................

Under

section 6 (3) of the Miscellaneous Registrations Act, 1992 , I hereby demand that the financing statement registered by you, bearing registration number .......... and registered on the .......... day of ...................., 20... ,

[ choose one ]

[ ]

be discharged

[ ]

in the case of a registration that relates to more than one claim, be partially discharged by discharging that part of the registration that relates to a claim that has ceased to exist.

I claim my interest as a person with an interest in the personal property against which the claim is registered.

If you fail to register a financing change statement discharging or partially discharging the registration as required by this demand, I am entitled under

section 6 (5) of the Miscellaneous Registrations Act, 1992 to apply to a court having jurisdiction for an order directing that the registration be discharged or partially discharged.

DATED this .......... day of .........., 20.... .

...................................................................................

Name of person with interest in the personal property

...................................................................................

Signature

...................................................................................

Address

[Provisions relevant to the enactment of this regulation: Miscellaneous Registrations Act, 1992 , R.S.B.C. 1996, c. 312, s. 9.]