British Columbia Gazette Part II — B.C. Reg. 64/2025
B.C. Reg. 64/2025
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Volume 68, No. 7
64/2025
The British Columbia Gazette,
Part II
May 20, including May 6, 2025
B.C. Reg. 64/2025 , deposited May 12, 2025, under the BUSINESS PRACTICES AND CONSUMER PROTECTION ACT [section 194], INSURANCE (VEHICLE) ACT [section 181], MANUFACTURED HOME ACT [section 40], MOTOR DEALER ACT [section 38] and PERSONAL PROPERTY SECURITY ACT [section 76]. Order in Council 222/2025, approved and ordered May 12, 2025.
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.
— B. BAILEY, Minister of Finance ; R. KAHLON, Presiding Member of the Executive Council .
Schedule
Basic Vehicle Damage Coverage Regulation
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
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
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 lien 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 manufactured home,
(ii) that the registered owner’s interest 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 registration number that relates to the financing statement 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 purchaser at the sale and, as such, is entitled to be registered as the owner of the manufactured home.
(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 transferee’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 manufactured home as a result of the operation of
section 42 of the Commercial Liens Act , and
(
c) containing the personal property registry base registration number that relates to the financing statement or the financing change statement filed in relation to the manufactured home.
Motor Dealer Act Regulation
Section 14 (4) (
a) of the Motor Dealer Act Regulation, 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
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 registration 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
(
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 ; .
Section 3 is amended by repealing paragraph (
e) and by adding the following paragraph:
(
j) a commercial lien.
Section 4 is amended
(
a) in paragraph (
b) by striking out "
section 3 (a), (b), (g), (
h) or (i) " and substituting "
section 3 (a), (b), (g), (h), (
i) or (j) ", and
(
b) by repealing paragraph (d).
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) ".
Section 12 is amended by repealing subsection (5) and substituting the following:
(5) The following applies to a commercial 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 under 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 serial number of the boat.
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 ".
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 substituting " the name of the person who holds the interest ".
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.
Section 53 is repealed and the following substituted:
Fee for reply to demand
(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 .
(2) If a demand has been made under
section 18 of the Act or
section 25 of the Commercial Liens Act , the person to whom the demand 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 security 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.
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 registrar under
section 17 (5) of the Commercial Liens Act must be in Form
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 action referred to in
section 69 (4) of the Act or
section 58 (3) of the Commercial Liens Act .
Schedule 5 is amended
(
a) in Form 4 by striking out " financial statement " and substituting " financing statement ",
(
b) by repealing Forms 6 and 7,
(
c) in Form 9 by striking out " Lienholder " and substituting " Contractor’s Lien Holder ",
(
d) in 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:
Form 11
DEMAND FOR DISCHARGE
UNDER TH E COMMERCIAL LIENS ACT
(Section 57 (8) Personal Property Security Regulation and
Section 17 (2) Commercial Liens Act)
To:
Name of Commercial Lien Holder
Address ..................................................................................................................
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 collateral described in the financing statement.
If you fail to register a financing change statement 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 you, 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
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)
To:
The Personal Property Registrar
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 commercial lien holder named in the financing statement bearing registration number ...................... and registered on the ........... day of .............................. , 20 ....... .
2 . Attached to this declaration 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 commercial lien holder on the .......... day of .......................... , 20 .......
[ choose one ]
[ ] by registered mail addressed to the address of the commercial lien holder as it appears in the financing statement
[ ] in the following manner, being one of the ways provided in
section 60 (2) (
a) of the Commercial 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 commercial lien holder.
5 . I am the owner of collateral described in the financing statement.
And I make this solemn declaration consciously believing 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 ]....
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