Definitions and application

1  (1)  In the Act and this regulation "claim" means

(a) a Crown charge,

(b) a lien for unpaid wages,

(c) a proceeds of crime notice,

(d) a heritage conservation notice,

(e) a manufactured home notice, and

(f) a lien for maintenance arrears,

as defined in subsection (2).

(2)  In this regulation:

"Act" means the Miscellaneous Registrations Act, 1992;

"B.C. Reg. 279/90" means the Personal Property Security Regulation, B.C. Reg. 279/90;

"collateral" means personal property that is subject to a claim;

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

(a) created by an enactment, and

(b) 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 verification statement" means the discharge verification statement sent by the registrar under section 20 of this regulation;

"electronic financing discharge statement" means screen 12.1 under B.C. Reg. 279/90;

"electronic financing statement" means screens 1, 1.1, 11 and 12 taken together and includes a screen providing additional information;

"financing change statement" means Form 6 or 6.1 under B.C. Reg. 279/90 and the financing change statement schedule;

"financing change statement schedule" means Form 7 or 7.1 under B.C. Reg. 279/90;

"Form 1" means Form 1 set out in the Schedule of Forms attached to this regulation;

"Form 1.1" means Form 1.1 set out in the Schedule of Forms attached to this regulation;

"Form 2" means Form 2 set out in the Schedule of Forms attached to this regulation;

"Form 11" means Form 11 under B.C. Reg. 279/90;

"Form 12" means Form 12 under B.C. Reg. 279/90;

"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 (2) of the Employment Standards Act;

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

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

(b) will not issue a transport permit for a manufactured home;

"printing" includes typing, stamping or machine printing;

"proceeds of crime notice" means a notice that

(a) a restraint order has been issued under section 462.33 (3) of the Criminal Code, or

(b) an order of forfeiture has been made under section 462.37 (1) or 462.38 (2) of the Criminal Code;

"registering party" means the person submitting the claim for registration on behalf of the secured party;

"registering party code" means the number assigned by the registrar to the registering party under section 20 of this regulation;

"registrar" has the same meaning as registrar in the Personal Property Security Act;

"registry" has the same meaning as registry in the Personal Property Security Act;

"screen" means an electronically reproduced image

(a) of the Form that has the corresponding number, or

(b) that is used for the purpose of verifying, or bypassing the verification of, data entry under section 15 of this regulation;

"secured party" means a holder;

"secured party code" means the number assigned by the registrar to the secured party under section 20 of this regulation;

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

"serial numbered goods" means

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

(b) for the purpose of registering a proceeds of crime notice, a motor vehicle, manufactured home, boat, outboard motor, trailer and aircraft.

(3)  Where a provision of B.C. Reg. 279/90 is adopted by this regulation the definitions in this section apply to the adopted provision.

(4)  Subject to subsection (3) of this section, Division 1 of B.C. Reg. 279/90 is adopted, but section 1 (4) to (5) and the following definitions in section 1 (1) of that regulation are not adopted: "collateral"; "debtor"; "discharge verification statement"; "electronic financing discharge statement"; "electronic financing statement"; "electronic financing statement (transition)"; "financing change statement"; "financing statement"; "financing statement (transition)"; "registering party"; "registering party code"; "registrar general"; "repairers lien financing statement"; "screen"; "secured party"; "secured party code"; "serial numbered goods"; "verification financing change statement".

(5)  Nothing in this regulation amends B.C. Reg. 279/90.

[am. B.C. Reg. 159/98, s. 1.]

 Adoption of B.C. Reg. 279/90

2  (1)  Unless this regulation provides otherwise, the provisions of B.C. Reg. 279/90 apply to claims under this regulation to the extent the provisions are consistent with this regulation.

(2)  For greater certainty and subject to subsection (1), the provisions of B.C. Reg. 279/90 that apply to a claim include provisions in respect of the following:

(a) records to be registered in the registry to amend, discharge or otherwise deal with a registration;

(b) the manner of completing and registering in the registry any record referred to in paragraph (a);

(c) the information that must or may be included in any such record;

(d) the manner in which that information is to be presented;

(e) the accessibility of any information registered in the registry, including information included in an electronic financing statement registered in the registry under Division 2, through searches of the registry or otherwise.

 Not all of B.C. Reg. 279/90 is adopted

3  (1)  Divisions 2, 4 to 8, 10 to 12 and 14 of B.C. Reg. 279/90 are not adopted by this regulation.

(2)  Division 3 of B.C. Reg. 279/90 is not adopted by this regulation, except as set out in Divisions 2 and 3 of this regulation.

 Application of Division 2

4  This Division applies to the registration in the registry of an electronic financing statement that relates to a claim under section 2 of the Act.

 Screens

5  Screen 1 must be used to register a Crown charge and screen 1.1 must be used to register any other claim.

 Your reference number

6  Registering parties using screen 1 or 1.1 may, for their own purposes, give, in the space marked "Reference No.", any reference number or name they wish that consists of numerals or letters or both that can be entered in the space provided.

 Number edits

7  (1)  The registering party using screen 1 must

(a) enter the number of debtors in the space marked "DE", and

(b) enter in the space marked "GC" the number of lines required to describe the debtor's personal property that is general collateral.

(2)  The registering party using screen 1.1 must

(a) comply with subsection (1), and

(b) enter in the space marked "VE" the number of items of the debtor's personal property that are described as serial numbered goods.

 Type of Crown charge

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

(a) by entering the appropriate 2 character code in the space beside the name of the statute, as follows:

(b) if the name of the statute is not provided on the screen, by entering the name of the statute in the space marked "Other".

[am. B.C. Regs. 159/98, s. 2; 16/99, s. 1.]

 Type of claim if not Crown charge

9  If a claim that is not a Crown charge is being registered, the type of claim must be indicated on the screen by entering the appropriate 2 character code in the space marked "type of claim", as follows:

[am. B.C. Reg. 159/98, s. 3.]

 Length of registration

10  A registration is effective until it is discharged.

 Secured party

11  The secured party code of the secured party must be entered on the screen in the space marked "Secured Party Code:".

 Registering party

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

 Debtor

13  (1)  In accordance with this section and under the heading "Debtor Information" on screen 11,

(a) the name and the last known address of the debtor in the records of the secured party must be given, and

(b) if the debtor is an individual, the birth date of the debtor may be given.

(2)  If the debtor is an individual and carries on business under a name or style other than the individual's own name, the individual's own name must be given as set out in subsection (3).

(3)  If the debtor is an individual,

(a) the registering party must give

(i)  only the first 25 characters of the full surname in the space marked "Last Name",

(ii)  only the first 15 characters of the full first given name, if the debtor has a first given name, in the space marked "First", and

(iii)  only the first 15 characters of the full second given name, if the debtor has a second given name, in the space marked "2nd",

unless the debtor's name consists of only one word, in which case the registering party must give

(iv)  only the first 25 characters of the name in the space marked "Last Name", and

(v)  a hyphen in the space marked "First",

(b) punctuation marks, other than a hyphen or apostrophe, may not be given in the individual debtor's name, and

(c) if the debtor's birth date is given, it must be given in the space marked "Birthdate" with the last 2 digits of the year given first, followed by the first 3 letters of the month and then the day of the month in numerals.

(4)  If the debtor is an artificial body the name of the debtor must be given in the space marked "Bus Name" in the same manner as for an artificial body under section 9 (5) to (11) of B.C. Reg. 279/90.

 Description of collateral

14  (1)  To register a Crown charge, the collateral must be described in the space provided on screen 12 under the heading "General Collateral"

(a) in accordance with section 13 (1) of B.C. Reg. 279/90, or

(b) 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.

(2)  To register a lien for unpaid wages, the collateral must be described in the space provided on screen 12 under the heading "General Collateral"

(a) if the lien is in favour of the director, by entering "all the personal property of the debtor, including money due or accruing due", or

(b) if the lien is constituted by an order or decision of the Labour Relations Board, by entering "all the personal property of the debtor".

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

(a) that portion of the collateral that is serial numbered goods must be described in the space provided on screen 12 under the heading "Vehicle Collateral" in accordance with section 12 of B.C. Reg. 279/90, and

(b) that portion of the collateral that is not serial numbered goods must be described in the space provided on screen 12 under the heading "General Collateral" in accordance with section 13 (1) of B.C. Reg. 279/90.

(4)  To register a heritage conservation notice, the collateral must be described in the space provided on screen 12 under the heading "General Collateral" in accordance with section 13 (1) of B.C. Reg. 279/90.

(5)  To register a manufactured home notice, the collateral must be described in the space provided on screen 12 under the heading "Vehicle Collateral" in accordance with section 12 of B.C. Reg. 279/90.

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

(a) that portion of the collateral that is serial numbered goods must be described in the space provided on screen 12 under the heading "Vehicle Collateral" in accordance with section 12 of B.C. Reg. 279/90;

(b) that portion of the collateral that is not serial numbered goods must be described in the space provided on screen 12 under the heading "General Collateral" in accordance with section 13 (1) of B.C Reg. 279/90.

[am. B.C. Reg. 159/98, s. 4.]

 Bypass verification

15  (1)  If a registering party wishes to verify the data entry, the space marked "Bypass Verification" on the screen must be left blank and the registering party must re-enter the information referred to in

(a) sections 8, 11, 12 and 13, with respect to debtor names, if the registering party wishes to verify the data entry for a Crown charge,

(b) sections 9, 11, 12 and 13, with respect to debtor names, if the registering party wishes to verify the data entry for a lien for maintenance arrears, a lien for unpaid wages or a heritage conservation notice,

(c) sections 9, 11, 12 and 13, with respect to debtor names, and section 14 (3) (a), with respect to information given in the space marked "Serial No./DOT No." and "M. H. Reg. No.", if the registering party wishes to verify the data entry for a proceeds of crime notice, or

(d) sections 9, 11, 12 and 13, with respect to debtor names, and section 14 (5), with respect to information given in the space marked "M. H. Reg. No.", if the registering party wishes to verify the data entry for a manufactured home notice.

(2)  If the registering party does not wish to verify the data entry, "Y" must be entered on the screen in the space marked "Bypass Verification".

(3)  The registering party must, before registration, correct any discrepancy indicated in the verification process.

[am. B.C. Reg. 159/98, s. 5.]

 Registration changes

16  Division 9 of B.C. Reg. 279/90 is adopted with the following changes:

(a) a reference to "section 9" of B.C. Reg. 279/90 must be read as a reference to section 13 of this regulation;

(b) a reference to "Form 6 or 6.1" must be read as a reference to a financing change statement;

(c) a reference to "Form 7 or 7.1" must be read as a reference to a financing change statement schedule;

(d) section 70 must be read with ", renewal or discharge" struck out;

(e) sections 71, 72 (b) and (f), 74 (b), and 75 to 77 are not adopted;

(f) section 81 must be read

(i)  with "to a registration of a security interest" struck out, and

(ii)  in paragraph (b) with "sections 10 to 13" struck out and "section 14 of the Miscellaneous Registrations Regulation" substituted;

(g) section 82 must be read with "under a registration relating to a security interest," struck out;

(h) Section 84 must be read with the following changes:

(i)  everything before paragraph (a) is struck out and the following substituted:

"Where a combination of 2 or more of the changes referred to in sections 78 to 82 is being described in the financing change statement, the registering party shall, in Part 2 of that form, type an "X" in box number 10 marked "AM", and",

(ii)  paragraphs (a), (b) and (f) are not adopted, and

(iii)  paragraph (h) is deleted and the following substituted:

(h) where a combination of 2 or more of the changes referred to in sections 78 to 82 is being described in the financing change statement,

(i)  in Part 2 of that form, in the space marked "Details of '9 Court Order' or '10 Amendment/Other Change'" describe the type of change,

(ii)  in Part 3 of that form, give the exact information to be deleted as it appears on the registration being amended and, if a debtor or vehicle collateral is being deleted, give the block number of the deletion, and

(iii)  in Part 4 of that form, give the exact information to be added in accordance with any applicable instructions in this section;

(i) section 89 is not adopted.

 Use of financing change statement

17  A financing change statement must be used to register the following changes:

(a) a transfer by a debtor;

(b) a debtor release;

(c) a partial discharge of collateral;

(d) an addition of collateral;

(e) a substitution of collateral;

(f) the maintenance or discharge pursuant to a court order of a registration;

(g) a correction of an error on the part of registry staff in recording information from printed statements submitted to the registry.

 Billing number

18  The registering party code, if any, or the secured party code, must be entered in the space marked "Billing No." on the financing change statement.

 Electronic discharge

19  Division 12.1 of B.C. Reg. 279/90 is adopted.

 General

20  Division 13 of B.C. Reg. 279/90 is adopted with the following changes:

(a) a reference to "form" or "document" must be read, where the context permits, as including a screen;

(b) section 120 must be read with subsection (1) repealed and the following subsections substituted:

(1)  The registrar must assign a code to the secured party and the secured party must set out the code in any registration form under this regulation that the secured party uses to effect a registration.

(1.1)  The registrar may assign a code to a registering party and the registering party may set out the code in any registration form under this regulation that the registering party uses to effect a registration.;

(c) section 121 (2) must be read with "or an electronic financing statement (transition)" struck out;

(d) section 122 (2) must be read as repealed and the following substituted:

(2)  If a total discharge of a registration is registered, the registrar may send a discharge verification statement confirming the discharge to both the secured party recorded on the registration being discharged and to the registering party discharging the registration.;

(e) section 125 (1) must be read with "under Part 3" struck out;

(f) section 126 (2) must be read with "sections 9 (4) (c) and (9)" struck out and "section 13 of the Miscellaneous Registrations Regulation and section 9 (9)" substituted;

(g) the reference in sections 126 (5) and 127 (1) to "Schedule 4" must be read as a reference to the following schedule:

(h) section 129 must be read with subsections (1) and (2) repealed;

(i) sections 130 and 132 are not adopted;

(j) section 134 must be read with "or electronic financing statement (transition)" struck out;

(k) sections 135 to 138 are not adopted.

 Demand under section 6

21  A demand given under section 6 of the Act must be in Form 2 set out in the Schedule of Forms attached to this regulation.

 Forms under B.C. Reg. 279/90

22  Forms 6, 6.1, 7, 7.1, 11, 12, 12.1 and 13 of B.C. Reg. 279/90 are adopted.

 Schedules under B.C. Reg. 279/90

23  Schedules 1 to 3 of B.C. Reg. 279/90 are adopted.

 Transition

24  (1)  The registered status of a Crown charge that was previously registered and in effect immediately before the coming into force of this section continues for one year or the unexpired portion of the registration, whichever period expires first, and may be further continued only by an electronic registration under Division 2.

(2)  If a registration is continued under Division 2, "Re-registration of a Crown tax lien previously registered as Reg. # on [date]," must be entered in the space on the electronic financing statement headed "General Collateral".

(3)  A registration in the registry of a Crown charge that was previously registered and in effect immediately before the coming into force of this section may be changed only if the registration is first continued by an electronic registration under Division 2.