Definitions

1  In this Act:

"collector" includes a person appointed as a collector of taxes under the Local Government Act, the Taxation (Rural Area) Act, the Vancouver Charter or any other Act that authorizes the assessment and levy of taxes on real property;

"court" means the Supreme Court;

"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;

"instrument" includes a document in writing by which property in a manufactured home may be transferred or acquired;

"lessee-owner" means a lessee under an agreement in the form of a lease, that is a security agreement, to which section 2 of the Personal Property Security Act applies;

"lessor-owner" means a lessor under an agreement in the form of a lease, that is a security agreement, to which section 2 of the Personal Property Security Act applies;

"manufactured home" means any structure, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and to provide

(a) a dwelling house or premises,

(b) a business office or premises, or

(c) accommodation for any other purpose,

unless exempted by this Act or the regulations;

"manufactured home dealer" means a person who acquires, disposes of, exchanges, trades, leases or otherwise deals in manufactured homes in the ordinary course of the person's business or under a scheme or plan for profit;

"owner" means a person entitled to be registered in the register as the owner of a manufactured home, whether entitled in the person's own right or in a representative capacity or otherwise, and includes

(a) a debtor under a security agreement providing for a security interest in a manufactured home, and

(b) a lessor-owner and a lessee-owner,

but does not include a secured party, other than a lessor-owner, under a security agreement providing for a security interest in a manufactured home;

"property" means any right, title or interest of an owner in a manufactured home;

"register", when used as a noun, means the records maintained by the manufactured home registry established under section 5 of this Act;

"registrar" means the Registrar of Manufactured Homes;

"salesman" means a person employed by a manufactured home dealer or by an agent as defined in the Real Estate Act either generally or in a particular case to do anything referred to in the definition of agent under that Act;

"secured party" means a secured party under a security agreement;

"security agreement" means a security agreement to which section 2 of the Personal Property Security Act applies;

"security interest" means an interest in a manufactured home that secures payment or performance of an obligation.

 Application of Part

2  This Part applies to every transaction, regardless of its form, that has the effect of transferring property in a manufactured home that is not exempted by this Act or the regulations.

 Application of Sale of Goods Act

3  The Sale of Goods Act applies so far as it is consistent with this Act.

 Defects in documents

4  An instrument, agreement or other document to which this Act applies is not invalidated or rendered ineffective merely by a defect, irregularity, omission or error in it or in its execution unless, in the opinion of the court, the defect, irregularity, omission or error has actually misled a person whose interest is affected.

 Registry

5  (1)  The minister must establish a registration system and a manufactured home registry for the purposes of this Act.

(2)  The business of the manufactured home registry must be conducted by a registrar and other employees, all appointed under the Public Service Act.

 Delegation of registrar's functions

6  (1)  The registrar may delegate, in writing, a function of the registrar to an employee in the public service.

(2)  With the prior approval of the Lieutenant Governor in Council the registrar, in writing, may

(a) delegate the registrar's authority to a person who is not an employee in the public service, and

(b) make the delegation subject to conditions.

 Seal

7  The registrar must have a seal of office in a form the minister approves.

 Employees not liable in some circumstances

8  (1)  Agents and employees of the government are not liable in their personal or official capacities for loss or damage suffered by a person because of anything done or omitted to be done in the exercise or purported exercise of a power or duty under this Act or the regulations unless the person who brings the action proves that the agent or employee was not acting in good faith.

(2)  Subsection (1) does not absolve the government from vicarious liability arising out of an act or omission of an agent or employee of the government if the government would be liable for the act or omission if this section were not in force.

 Government not liable in some circumstances

9  (1)  The government is not liable either directly or vicariously for loss or damage suffered by a person because of verbal advice given by an agent or employee of the government respecting this Act or the regulations or the operation of the registry unless the person who brings the action proves that the agent or employee was not acting in good faith.

(2)  If an action is brought against the government for the recovery of loss or damage that results from the failure of the registrar to register an application or other document submitted for registration, it is a defence to the action that the failure to register was because

(a) the applicant did not pay the registration fee, or

(b) the registrar's refusal is authorized by this Act or the regulations.

(3)  Nothing in this section limits any defences that would be available to the government in the absence of this section.

 Limitation periods

10  (1)  No action for damages may be brought against the government unless it is commenced not later than one year after the person entitled to bring the action becomes aware of the loss or damage.

(2)  No action may be brought against the government to recover loss or damage caused by

(a) reliance on a search result in paper form that purports to be issued by the registrar,

(b) failure of the registrar to register an application or other document submitted for registration, or

(c) an error of the registrar in converting paper files to electronic files,

after the first to occur of

(d) the limitation period referred to in subsection (1), or

(e) the expiry of 6 years from

(i)  the date the search result was issued in paper form, if the loss or damage was caused by reliance on that search result,

(ii)  the date the application or other document was submitted for registration, if the loss or damage was caused by failure of the registrar to register the application or other document, or

(iii)  the date the paper file was converted, if the loss or damage was caused by an error of the registrar in converting the file.

 Search

11  (1)  On payment of the prescribed fee, a person may make one or more of the following search requests:

(a) a search according to the name of a person;

(b) a search according to the serial number of a manufactured home;

(c) a search according to the registration number of a manufactured home.

(2)  In response to a search request the registrar must provide a search result in accordance with the regulations.

(3)  On payment of the prescribed fee the registrar must provide a copy or a certified copy of a document that is in paper form in the register.

(4)  Without proof of the signature, seal or official position of the registrar,

(a) a search result in paper form that purports to be issued by the registrar is admissible in evidence as evidence of its contents, and

(b) a certified copy referred to in this section is admissible in evidence as a true copy of the original document.

(5)  The signature of the registrar on

(a) a search result in paper form, or

(b) a certified copy referred to in this section

may be reproduced by any means, whether graphic, electronic, digital, mechanical or otherwise.

 Effect of failure to register

12  (1)  Except as against the person making it, an instrument taking effect after April 1, 1978 purporting to transfer property in a manufactured home is not effective to transfer property in the manufactured home unless the instrument is registered in the manufactured home registry.

(2)  The giving of a security interest in a manufactured home does not sever a joint tenancy in the manufactured home.

(3)  This section is subject to the Land Title Act.

 Effect of registration on ownership

13  (1)  In this section, "manufactured home park" means land used or occupied by a person for the purpose of providing space for the accommodation of 3 or more manufactured homes and for imposing a charge or rental for the use of that space.

(2)  If, after September 11, 1992, a person moves a manufactured home to a manufactured home park, or purchases a manufactured home that has never been occupied and that is located in a manufactured home park, the manufactured home is not part of the land that forms the manufactured home park unless a written agreement that the manufactured home is part of the land

(a) is entered into by

(i)  every registered owner of the manufactured home,

(ii)  every person with a security interest in the manufactured home who has registered a financing statement in the personal property registry under the Personal Property Security Act using the serial number of the manufactured home, and

(iii)  every person who is registered in the land title office as an owner of the fee simple interest in the land, and

(b) is filed in the manufactured home registry.

(3)  For greater certainty, "serial number" in subsection (2) (a) (ii) is the serial number that is required under the Personal Property Security Act and regulations to register the financing statement in the personal property registry.

 Registration and documents

14  (1)  All instruments required to be registered under this Act must be submitted for registration to the manufactured home registry with the prescribed registration fee.

(2)  Registration is effective from the time the prescribed particulars are submitted for registration and a registration number is assigned to the registration.

(3)  A registrar must not register a transfer or agreement to transfer a manufactured home or an interest in it unless the manufactured home is registered under this Act.

(4)  If a document is registered in the registry, the registrar may have the document

(a) photographed or otherwise reproduced, or

(b) stored in electronic or digital form or by any other means.

(5)  The photograph, reproduction or stored document is for all purposes deemed to be the document photographed, reproduced or stored.

 Procedure for registration and issue of decals

15  (1)  An application for registration must be made to the registrar in the prescribed form.

(2)  The registrar must register the name of the owner of the manufactured home and the interest claimed by the owner, and assign a registration number to the manufactured home on being satisfied that

(a) the person named in the application as owner is entitled to be so registered,

(b) the application conforms to subsection (3), and

(c) the prescribed fee has been paid.

(3)  The application must set out the following:

(a) the full name and address of the owner;

(b) in the case of an application by a lessor-owner or a lessee-owner, the names and addresses of the lessor-owner and the lessee-owner;

(c) the year of manufacture and the make and model of the manufactured home;

(d) the location of the manufactured home;

(e) other information that may be prescribed.

(4)  On registration of a manufactured home, the registrar must issue one or more decals bearing its registration number and the owner of the manufactured home must affix them, in the prescribed location, to the manufactured home.

(5)  Registration of a person as a lessor-owner of a manufactured home does not affect the priority status of the interest of the person under the Personal Property Security Act.

 Offence

16  A person who knowingly makes a false statement in an application under section 17 commits an offence and is liable to a fine of not more than $2 000.

 Registration of transfer

17  (1)  If property in a manufactured home is transferred, a person may apply to register the transfer by making application in the prescribed form, paying the prescribed fee and filing the instrument of transfer, or a true copy of it, signed by

(a) the lessor-owner in the case of the transfer of the lessor-owner's interest,

(b) the lessee-owner in the case of the transfer of the lessee-owner's interest, or

(c) a registered owner, other than a lessor-owner or lessee-owner.

(2)  The application must set out the following:

(a) the full name and address of the owner and of the transferee;

(b) the date of execution of the transfer instrument;

(c) the registration number, year of manufacture, make, model and location of the manufactured home;

(d) other information as prescribed.

(3)  On being satisfied that the transfer filed is sufficient to transfer to or vest in the applicant a good safeholding and marketable title to the interest transferred and that the application conforms to subsection (2), the registrar must register the interest claimed by the applicant in the register.

 Extension of time of registration, etc.

18  (1)  If this Act provides a time limit for doing an act, the registrar may, on application made before or after the time expires, on terms and with notice, if any, that the registrar may order, extend the time for compliance on being satisfied that no interest of any other person is likely to be prejudiced by the extension.

(2)  An application under subsection (1) must be accompanied by the prescribed fee.

(3)  If it subsequently appears to a court that an act or thing done within the extended period has prejudiced the rights that a person acquired before the act or thing was done, the act or thing is conclusively presumed not to have been done in conformity with this Act.

(4)  A copy of an order made under this section must, for purposes of registration, be attached to the instrument to which the order relates.

 Power of registrar to cancel or correct instruments and registrations

19  (1)  If the registration of an instrument, or an entry, memorandum or endorsement on an instrument or the register

(a) has been made in error or has been omitted on an instrument or the register, or

(b) was wrongfully or fraudulently obtained,

the registrar may, on the application of any person or on the registrar's own initiative, and on evidence the registrar considers sufficient, without prejudicing rights conferred for value, cancel the registration, entry, memorandum or endorsement, correct the error or make the entry, memorandum or endorsement omitted.

(2)  For the purpose of this section, the registrar has the powers, privileges and protection of a commissioner under sections 9, 15 and 16 of the Inquiry Act.

(3)  If an error or omission is made in transcribing, into the computer data base of the registry, information contained in a record filed in paper form with the registrar, the registrar may correct the error or omission without prejudice to rights conferred for value.

(4)  In correcting an error on an instrument or the register, the registrar must not erase or render illegible the original writing, entry, memorandum or endorsement so corrected or supplied.

(5)  A correction made by the registrar under this section must

(a) be initialed and dated by the registrar, if the correction is made to a record in paper form, or

(b) in any other case, be shown on the register as a correction and be dated by the registrar.

(6)  An instrument and the register so corrected and every entry, memorandum or endorsement so corrected or supplied, have validity and effect as if the error or omission had not existed, and a cancellation of the registration of an instrument, entry, memorandum or endorsement under this section has validity and effect from the making of the cancellation, entry, memorandum or endorsement.

(7)  If the registrar considers it is necessary for the prevention of fraud or improper dealing, the registrar may decline to

(a) register a manufactured home or an instrument purporting to transfer property in a manufactured home, or

(b) issue a transport permit.

 Unauthorized change in location of manufactured home

20  (1)  If the registrar changes the registered location of a manufactured home under section 19 (1), the registrar may

(a) send a notice of the change to

(i)  the collector having taxing authority over the manufactured home at the registered location before the change, and

(ii)  a secured party revealed by a search of the personal property registry using the manufactured home registration number, and

(b) send a written notice to the registered owner requiring the registered owner to

(i)  pay a prescribed fee and complete any prescribed form necessary to process the change in registered location, or

(ii)  satisfy the registrar that the change in location was made

(A)  in compliance with the Act and the regulations, or

(B)  by someone other than the present registered owner.

(2)  If within 60 days of the registrar mailing a notice in writing to the registered owner under subsection (1) the registrar has not received the prescribed fee and form, if any, or been satisfied that the change in location was made in compliance with the Act and the regulations, or by someone other than the registered owner, the registrar may

(a) decline to register an instrument purporting to transfer property in the manufactured home, and

(b) decline to issue a transport permit.

 Register prevails

21  The legal effect of an entry in the register is not affected merely by the fact that the registrar has received information indicating that there is an error or omission in the register.

 Lost or destroyed records

22  (1)  If the registrar is required to produce a record and is unable to do so because it has been lost, mislaid or destroyed, the registrar must give to the court or person making the requisition a signed document to that effect.

(2)  The registrar may produce, instead of the record, whatever evidence relating to the record is available in the registry.

(3)  Evidence produced under subsection (2) is compliance with the requisition.

 Preliminary inspection and rejection of documents

23  (1)  The registrar may make a preliminary inspection of an application and an instrument or other document presented with it.

(2)  The registrar may summarily reject an instrument for any of the following reasons:

(a) it does not qualify in substance or in form for registration or filing;

(b) it is not on sufficiently durable paper;

(c) it is illegible in any respect, including the signature of a party, witness or an official authorized to take an affidavit or acknowledgment;

(d) it, not being an original, is in whole or in part not a certified true copy;

(e) the supporting application or other document is incomplete or not in proper form;

(f) the registrar discovers obvious defects in property or the interest claimed;

(g) in the case of an application to register the interest of a lessee-owner, the registrar is satisfied that the transaction by which the applicant claims to be entitled to registration is not a security agreement.

 Interim applications

24  (1)  For the purposes of this section, "applicant" means, in the case of an application to register a transfer of property in a manufactured home, the transferor.

(2)  If the application and the instruments presented with it appear to be in good order, the registrar must receive the application.

(3)  The registrar may note an application in the register as an interim application and, in that case, must endorse the particulars of it, including the date and time it was received, on a search result issued by the registrar under section 11.

(4)  If an interim application affects a manufactured home, the registrar must not accept a subsequent application to register a transfer of property in the manufactured home until the interim application is registered or withdrawn.

(5)  Despite subsection (4), the registrar may accept a subsequent application as an interim application by noting it in the register as an interim application and, in that case, the registrar must endorse the particulars of it, including the date and time it was received, on a search result issued under section 11.

(6)  If an application has been noted in the register as an interim application and no other interim application is dependent on it, it may, on terms the registrar considers proper, be withdrawn by the applicant at any time before registration.

(7)  If an instrument accompanying an interim application is not registered or withdrawn within one year after the particulars of it are noted on the register, the registrar may, by giving 45 days' notice in writing to the applicant and to a subsequent applicant, require that cause be shown why the application should not be cancelled.

(8)  If, in the opinion of the registrar, no sufficient cause is shown at the end of the period referred to in subsection (7), the registrar must cancel the application unless the applicant or subsequent applicant has applied to the court under section 38 (7).

 Moving manufactured home

25  (1)  Unless exempted by the regulations, a person must not move a manufactured home unless

(a) the manufactured home is registered under this Act,

(b) the registrar has issued a transport permit in the prescribed form authorizing the manufactured home to be moved, and

(c) the manufactured home is moved to the location, and in accordance with the terms and conditions, set out in the transport permit.

(2)  On application in the prescribed form of

(a) an owner of a manufactured home, or agent of the owner,

(b) a landlord under an order of possession granted under section 46 of the Residential Tenancy Act or in the exercise of a right conferred on him under a regulation of that Act respecting disposal of abandoned personal property,

(c) a secured party, or

(d) any other person under an order of a court,

and on payment of the prescribed fee, the registrar must,

(e) on being satisfied that a certificate or confirmation in electronic format has been issued under section 33, and

(f) if the application is for a transport permit to remove a manufactured home from British Columbia, on being satisfied that no grants or mortgages have been made under the Provincial Home Acquisition Act or the Home Purchase Assistance Act for the manufactured home and for which the government is entitled to repayment,

issue a transport permit authorizing the manufactured home to be moved to the location and in accordance with the terms and conditions set out in the transport permit.

(3)  If an application is made by a landlord under subsection (2) (b), the registrar must not decline to issue a transport permit merely because the taxes on the manufactured home are due, in default, in arrears or delinquent, so long as the registrar is satisfied that the collector having taxing authority over the manufactured home has consented to the issue of the transport permit.

(4)  A collector must not unreasonably withhold consent under subsection (3) so long as the collector is satisfied that the manufactured home will not be transported out of the taxing jurisdiction.

 Notice of application for transport permit

26  (1)  The registrar must give notice of an application for a transport permit to

(a) a lessee-owner, when the application is made by a lessor-owner, and

(b) a secured party holding a security interest in the manufactured home who has registered a financing statement in the personal property registry that discloses the registration number of the manufactured home.

(2)  The notice must specify the following:

(a) the name of the applicant;

(b) the location to which the manufactured home is to be transported;

(c) other information the registrar considers appropriate.

 Transport permits, etc.

27  (1)  A person must not move a manufactured home to a location in British Columbia other than the location designated in the transport permit issued by the registrar under section 25.

(2)  Unless otherwise stated on its face, a transport permit expires 30 days after the date it was issued.

(3)  The registrar may, subject to the regulations, issue a transport permit subject to any conditions the registrar considers necessary to facilitate the transportation of a manufactured home from one location to another.

(4)  If a transport permit is issued subject to conditions, a person must not move the manufactured home otherwise than in accordance with the conditions.

(5)  Sections 25 to 27 do not apply to the transportation of a manufactured home that is exempted by regulation.

(6)  A person who moves a manufactured home in contravention of section 25, 26 or 27 commits an offence.

(7)  A person who commits an offence under subsection (6) is liable to a fine of not more than $2 000.

 Sale or transport of unregistered manufactured home prohibited

28  (1)  A person must not import into British Columbia, sell, offer for sale or move a manufactured home that is not registered under this Act.

(2)  A person who fails to register a manufactured home, or imports, sells, offers for sale or moves a manufactured home in contravention of this section commits an offence.

(3)  A person who commits an offence under subsection (2) is liable to a fine of not more than $2 000.

(4)  This section does not apply to a manufactured home that

(a) is owned by the government, a Crown corporation or agency or by a municipality and is occupied by or for the purposes of the government, Crown corporation or agency or the municipality,

(b) is licensed and equipped to travel on a public highway, and is occupied by genuine tourists for recreation purposes, or

(c) is exempted by regulation.

 Decals

29  (1)  If a decal issued under section 15 is stolen, lost, defaced, mutilated or destroyed, the registrar must issue a new decal, on application by the owner or the owner's agent in the prescribed form, stating the circumstances of the theft, loss, defacement, mutilation or destruction, and on payment of the prescribed fee.

(2)  An owner who fails to affix, or knowingly fails to keep affixed, in the prescribed manner a decal, issued under section 15 or this section, to the manufactured home in respect of which the decal is issued commits an offence.

(3)  A person who commits an offence under subsection (2) is liable to a fine of not more than $200.

 Exemption from Act

30  (1)  Subject to the regulations, the registrar may, on the application of a person or on the registrar's own initiative, order that a manufactured home, or a class of manufactured home, be exempt from this Act, or a provision of it, on terms and conditions the registrar imposes.

(2)  The registrar may vary or rescind all or part of an order made under subsection (1).

(3)  A person may, in the prescribed form and on payment of the prescribed fee, apply to the registrar for an order under this section.

(4)  If an order is made under this section, the registrar must record the exemption of the manufactured home by notation in the register.

(5)  An order must not be made under this section unless there is filed with the registrar the written consent of each lessor-owner or other secured party who

(a) holds a security interest in the manufactured home,

(b) has perfected the security interest by registering a financing statement in the personal property registry that discloses the registration number of the manufactured home more than 10 days before the application for the order is made to the registrar, or

(c) has registered the security interest at the manufactured home registry and has not reregistered it in the personal property registry.

(6)  Subsection (5) does not apply to a security interest that, after October 1, 1993, is not registered in the personal property registry in the manner referred to in subsection (5) (b).

 Caution

31  (1)  A person who has commenced or is a party to a proceeding, and is making a claim to, or to an interest in, a manufactured home, may file a caution in the prescribed form together with a copy of the writ, notice or pleading in which the person claims an interest.

(2)  On receipt of a caution under this section and on payment of the prescribed fee, the registrar must register the caution.

(3)  A caution expires 2 months after it is registered unless within that period the court, on application, orders that the caution be

(a) cancelled, or

(b) continued until further order or until the end of a period set by the court for determining that person's rights under the caution.

(4)  The person who registered a caution may withdraw it at any time by notice in writing to the registrar, but the court, on application, may order that person to pay compensation and costs to the owner.

 Access to register by taxing authority

32  (1)  The officers of any taxing authority are entitled, without charge, to search the register in respect of manufactured homes located on land over which it has authority, for the purposes of taxation, assessment and incidental matters.

(2)  For the purposes of subsection (1), any person approved by the registrar and employed by the taxing authority has access to the register.

(3)  If the officers of a taxing authority so request and the state of business in the manufactured home registry permits, the registrar may provide any information in the register required by them at a charge to be set in each case by the registrar, on the basis of reasonable compensation to the government for the cost of providing the information.

 Taxes

33  (1)  Unless the regulations provide otherwise, the registrar must not issue a transport permit under section 25 unless satisfied that

(a) the collector having taxing authority over the manufactured home has issued a certificate certifying, or has confirmed in electronic format, that

(i)  no taxes on the manufactured home are in arrears or delinquent, and

(ii)  no taxes for the current year, that were imposed or are deemed to have been imposed, are unpaid, or

(b) the requirements of section 34 (1) have been met.

(2)  On request, a collector must provide the certificate or confirmation in electronic format if

(a) no taxes on the manufactured home are in arrears or delinquent and no taxes for the current year, that were imposed or are deemed to have been imposed, are unpaid, or

(b) the requirements of section 34 (1) have been met.

(3)  The certificate or confirmation must be provided free and must contain the tax folio number and the date to which the taxes have been paid.

 Payment before certificate

34  (1)  Despite the Local Government Act, the Taxation (Rural Area) Act or the Vancouver Charter, if

(a) a tax notice in respect of taxes imposed on a manufactured home for the current year has not been mailed to the person liable for them, and

(b) a person, other than a landlord

(i)  under an order of possession granted under section 46 of the Residential Tenancy Act, or

(ii)  in the exercise of a right conferred on the person under a regulation of that Act respecting disposal of abandoned personal property,

has requested the collector to issue a certificate or confirmation in electronic format for the purpose of section 33 (1),

the collector must issue a certificate or confirmation if

(c) there are no taxes in arrears or delinquent in respect of the manufactured home, and

(d) the person making the request has paid to the collector a deposit in the prescribed amount.

(2)  Despite the Local Government Act, the Taxation (Rural Area) Act and the Vancouver Charter, if a person, other than a landlord

(a) under an order of possession granted under section 46 of the Residential Tenancy Act, or

(b) in the exercise of a right conferred on the person under a regulation of that Act respecting disposal of abandoned personal property,

has requested the collector to issue a certificate or confirmation in electronic format for the purpose of section 33 (1) for a manufactured home in respect of which a tax notice or statement has been mailed to the person liable for the taxes, the collector may decline to issue the certificate or confirmation until all taxes due, in arrears or delinquent have been paid.

(3)  Payments accepted under subsection (1) (d) bear interest at the prescribed annual rate and the payments and interest must be applied and credited by the collector against the current year's taxes imposed on the manufactured home in respect of which the payment was made.

 Payment of taxes by others

35  (1)  A person not primarily liable for taxes in respect of a manufactured home, who is the holder of a security interest in the manufactured home and pays the taxes in order to obtain a transport permit under section 25 is entitled

(a) to add the amount paid to the principal money secured by the security interest, or

(b) to deduct the amount from rent, purchase price or other money payable under the instrument in respect of which the person claims registration.

(2)  An amount paid under subsection (1) bears interest at the prescribed annual rate from the date of payment.

(3)  The person who has paid the taxes under subsection (1) has, in respect of the amount paid, a lien against the manufactured home.

(4)  The lien under subsection (3) has priority over any security interest in the manufactured home, except a claim of the government.

(5)  The lien under subsection (3) ceases to exist after the expiry of 15 days from the date the taxes were paid unless, before that date, the lien is registered in the personal property registry in the form and manner prescribed under the Personal Property Security Act.

(6)  The priority provided under subsection (4) does not apply with respect to the interest of a secured party who,

(a) at the date the taxes were paid, held a perfected security interest in the manufactured home, and

(b) has not been given written notice of the lien before the expiry of 60 days from the date the taxes were paid.

(7)  The notice under subsection (6) may be given in accordance with section 72 of the Personal Property Security Act or by registered mail addressed to the address of the person to be notified as it appears in the security agreement or financing statement that relates to the manufactured home and that is registered in the personal property registry.

(8)  The amount and any interest paid under subsections (1) and (2) is a debt recoverable by action by the person paying the taxes against the person who is primarily liable.

(9)  A holder of a security interest who pays the amount of the taxes with interest to the date of payment to the person referred to in subsection (1) is subrogated to all of the rights and priorities held by that person.

 Tax lien by the government or a municipality

36  (1)  If taxes in respect of a manufactured home imposed under the Local Government Act, Taxation (Rural Area) Act, Vancouver Charter, Water Act or Drainage, Ditch and Dike Act, Part 2, have become due, the collector may, whenever the taxes and any related interest or penalties remain unpaid, register a financing statement in the personal property registry established under the Personal Property Security Act in the form and manner prescribed under that Act.

(2)  Sections 18, 43 (1) to (3), (6) to (8), (12) and (13), 46 to 48, 51, 52 and 54 of the Personal Property Security Act apply to registrations under this Act.

(3)  On registration of a financing statement as provided in subsection (1), a lien for the unpaid taxes and any related interest and penalty is created on the manufactured home to which the registration relates and the lien continues as long as the registration is effective.

(4)  The lien under subsection (3) has priority over any security interest, charge or claim, except a claim of the government.

(5)  A collector who has registered a financing statement as provided in subsection (1) must give a copy of the financing statement to each person registered under section 15 as owner of the manufactured home to which the registration relates.

(6)  The copy of the financing statement referred to in subsection (5) and the notice in writing referred to in subsection (9) may be given in accordance with section 72 of the Personal Property Security Act or by registered mail addressed to the address of the person as it appears in the records of the register, in which case, section 72 (2) of the Personal Property Security Act applies.

(7)  A registration of a financing statement as provided in subsection (1) is effective until discharged

(a) by registration of a financing change statement, or

(b) as provided in subsection (8) or (9).

(8)  When the unpaid taxes, interest and penalties, if any, charged against the manufactured home in respect of which a registration has been made under subsection (1) have been paid, the collector must discharge the registration.

(9)  If the collector fails to discharge the registration as required in subsection (8), the person registered under section 15 as owner of the manufactured home to which the registration relates may require the registrar of the personal property registry to give a notice in writing to the collector stating that the registration will be discharged by the registrar on the expiry of 40 days after the day the registrar gives the notice to the collector, unless in the meantime the collector gives to the registrar an order of a court maintaining the registration.

(10)  If the collector has been given a notice under subsection (9) and fails to

(a) register a financing change statement discharging the registration, or

(b) obtain a court order maintaining the registration and fails to give the order to the registrar

before the expiry of the 40 days referred to in subsection (9), the registrar of the personal property registry may discharge the registration to which the notice relates.

(11)  On application to a court by the collector, the court may order that the registration referred to in subsection (9) be maintained or discharged.

(12)  On application by a collector, a court may make an order to protect or enforce a lien on a manufactured home, including an order that the manufactured home be delivered to a collector or that the manufactured home be seized by the collector.

(13)  When a collector seizes or otherwise takes possession of a manufactured home, section 17 (2) and (3) (a) and (b) of the Personal Property Security Act applies.

(14)  Taxes levied in respect of a manufactured home are recoverable in any manner in which taxes are recoverable under the Local Government Act, Taxation (Rural Area) Act, Vancouver Charter or any other Act.

(15)  Even if a manufactured home has been delivered to or seized by a collector under subsection (12), it must not be sold or otherwise disposed of in a manner other than in compliance with the Act under which the taxes were levied.

(16)  Subject to the Manufactured Home Tax Act, a manufactured home, whether or not it falls within the definition of an improvement under the Assessment Act, Local Government Act, School Act, Taxation (Rural Area) Act, Vancouver Charter or any other Act, is an improvement for the purpose of real property assessment and taxation and, except as provided in section 3 of the Manufactured Home Tax Act, the manufactured home must be assessed and taxed in the name of the owner of the land on which the manufactured home is located at the time of assessment.

(17)  When default is made in the payment of taxes due and payable with respect to a manufactured home under the Local Government Act, Taxation (Rural Area) Act, Vancouver Charter or any other Act, the collector may file a certificate with any district registrar of the Supreme Court.

(18)  A certificate filed under subsection (17) has the same effect and proceedings may be taken on it as if it were a judgment of the court for the recovery of a debt of the amount stated in the certificate against the person named in it.

(19)  The certificate filed under subsection (17) must contain

(a) the registration number of the manufactured home,

(b) the amount of taxes and related interest or penalties owing in respect of the manufactured home, and

(c) the name and address of the taxing authority to which the taxes are owing.

 Compliance with manufactured home standards

37  (1)  Unless the manufactured home complies in all respects with the standards prescribed by regulation or is exempted from this section by the regulations, a person must not

(a) sell, offer for sale or advertise for sale a new or previously unoccupied manufactured home, or

(b) move a new or previously unoccupied manufactured home.

(2)  A regulation made under subsection (1) may incorporate by reference, with changes the Lieutenant Governor in Council considers necessary, all or part of any code or standard respecting manufactured homes.

(3)  A person who contravenes this section or the regulations made under it commits an offence.

 Appeals from registrar's decisions

38  (1)  The registrar must promptly notify the applicant or the applicant's agent, by registered mail, if the registrar refuses

(a) a registration, filing, entry, correction or cancellation, or

(b) to do any other thing that the registrar is authorized or required to do in respect of an application properly made under this Act.

(2)  The notice of refusal must briefly state the reasons and the registrar's further requirements.

(3)  If a subsequent application is affected by the registrar's refusal, the registrar must similarly notify the subsequent applicant.

(4)  If the requirements of the registrar are met within 30 days after mailing the notice of refusal, the application must be proceeded with.

(5)  If the requirements of the registrar are not met within the 30 day period, then at the end of that period the application is void and the registrar must cancel the application unless the applicant applies to court under subsection (7).

(6)  The registrar may extend, on application before expiration of the time limited by subsection (4) or (7) the time for meeting the registrar's requirements or for applying to court.

(7)  Not later than 30 days after the date the registrar's notice of refusal was mailed, the applicant may apply to the court in chambers in a summary way, supported by affidavit of the applicant and of other persons if necessary, stating the material facts of the case.

(8)  At least 10 days before the date set for the hearing the applicant must serve a notice of the hearing of the application together with copies of all material and exhibits on all interested parties, including the registrar.

(9)  The court may make any order it considers necessary as to notification of other parties to the hearing.

(10)  On hearing the application, the court may make any order that the circumstances may require and the court considers proper.

 Power of registrar to state case for opinion of court

39  (1)  The registrar may state a case for the opinion of the court if a question arises about any of the following:

(a) the performance of the duties or exercise of the functions authorized or required to be performed by the registrar under this Act;

(b) a matter of law or fact respecting property in a manufactured home;

(c) the construction, validity or effect of an instrument;

(d) the interest of any person in a manufactured home;

(e) the manner in which an entry or correction should be made on a register.

(2)  A case stated under subsection (1) must include a short statement of the facts and the registrar's reasons for referring the matter.

(3)  The registrar must

(a) file the case in the court registry, and

(b) make an application to the court, without notice to any person, for directions about service of parties, the time of the hearing and any incidental matters.

(4)  The court must allow any interested parties to appear.

(5)  Having regard to the parties appearing before it, the court may decide the question, or direct proceedings to be instituted for that purpose, or make any other order it considers proper.

 Conversion to computer registry

40  (1)  The registrar may convert existing records in the registry into another form in order to facilitate computerization of the records.

(2)  On conversion, the substituted form must, for all purposes, be accepted and received as the original record.

 Power to make regulations

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

(2)  In addition, the Lieutenant Governor in Council may make regulations respecting the following:

(a) the computerization of the manufactured home registry and registration system;

(b) the retention and disposition of registry records;

(c) the registrar's authority to enter into agreements for access to the data base of the registry;

(d) searches of the registry, including

(i)  search requests, and

(ii)  search results;

(e) the form of the register and the manner in which it is kept;

(f) the form, content and use of any record or class of records that is required or permitted to be registered, filed or given under this Act;

(g) the use of statements to verify registrations;

(h) any matter required or authorized by this Act to be prescribed.

(3)  Under subsection (2), the Lieutenant Governor in Council may make different regulations for computerized and non-computerized information, records and transactions.

(4)  The Lieutenant Governor in Council may, by regulation, exempt any transaction or class of transaction from this Act or a provision of it.