B.C. Reg. 81/2004, deposited March 5, 2004, pursuant to the MISCELLANEOUS REGISTRATIONS ACT, 1992 [Section 9]. Order in Council 212/2004, approved and ordered March 4, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 31, 2004, the Miscellaneous Registrations Regulation, B.C. Reg. 549/95, is repealed and the attached Miscellaneous Registrations Regulation is substituted.

— G. COLLINS, Minister of Finance; R. COLEMAN, Presiding Member of the Executive Council.

MISCELLANEOUS REGISTRATIONS REGULATION

Part 1 — Definitions, Application and Adoption
of B.C. Reg. 227/2002

Definitions and application

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

(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;

(f) a lien for maintenance arrears.

(2) In this regulation:

"Act" means the Miscellaneous Registrations Act, 1992;

"B.C. Reg. 227/2002" means the Personal Property Security Regulation, B.C. Reg. 227/2002;

"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

(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" means a discharge obtained under Division 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 (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;

"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;

"secured party" means a holder as defined in the Act;

"security interest" has the same meaning as 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 or a lien for maintenance arrears, a motor vehicle, manufactured home, boat, outboard motor, trailer or aircraft.

(3) Subject to subsection (4) of this section, the definitions of the following phrases in section 1 (1) and (2) of B.C. Reg. 227/2002 are adopted:

(a) aircraft;

(b) artificial body;

(c) base debtor;

(d) base registration;

(e) block number;

(f) boat;

(g) business debtor;

(h) characters;

(i) general collateral;

(j) manufactured home;

(k) motor vehicle;

(l) registering party;

(m) registering party code;

(n) secured party code;

(o) trailer;

(p) verification statement.

(4) If a provision of B.C. Reg. 227/2002 is adopted by this regulation the definitions in this section apply to the adopted provision.

Adoption of B.C. Reg. 227/2002

2 Unless this regulation provides otherwise, the provisions of B.C. Reg. 227/2002 apply to claims under this regulation to the extent the provisions are consistent with this regulation.

Not all of B.C. Reg. 227/2002 is adopted

3 Parts 3, 4 and 6 of B.C. Reg. 227/2002 are not adopted by this regulation.

Part 2 — Financing Statement

Type of Claim

4 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 B.C. Reg. 227/2002

5 (1) Sections 2, 4 (e) to (g), 5 (a) and (b) and Division 2 of Part 2 of B.C. Reg. 227/2002 apply to the registration in the registry of a financing statement that relates to a claim under section 2 of the Act.

(2) For the purposes of subsection (1) of this section, section 4 (f) of B.C. Reg. 227/2002 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".

Information required for Crown charges and other claims

6 (1) For a Crown charge, the registering party 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) For other claims, the registering party 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

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

(a) by selecting the appropriate Crown charge from the following statute list:

Corporation Capital Tax Act

Forest Act

Hotel Room Tax Act

Insurance Premium Tax Act

Income Tax Act (Canada)

Logging Tax Act

Mining Tax Act

Mineral Land Tax Act

Mineral Tax Act

Petroleum and Natural Gas Act

Property Transfer Tax Act

School Act

Social Service Tax Act

Taxation (Rural Area) Act

or

(b) 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".

Type of claim if not a Crown charge

8 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

9 A registration is effective until it is discharged.

Registering party

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

Description of collateral

11 (1) To register a Crown charge, the collateral must be described

(a) in accordance with section 11 (1) and (2) of B.C. Reg. 227/2002, 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

(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 accordance with section 10 of B.C. Reg. 227/2002, and

(b) that portion of the collateral that is not serial numbered goods must be described in accordance with section 11 (1) and (2) of B.C. Reg. 227/2002.

(4) To register a heritage conservation notice, the collateral must be described in accordance with section 11 (1) and (2) of B.C. Reg. 227/2002.

(5) To register a manufactured home notice, the collateral must be described in accordance with section 10 of B.C. Reg. 227/2002.

(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 accordance with section 10 of B.C. Reg. 227/2002;

(b) that portion of the collateral that is not serial numbered goods must be described in accordance with section 11 (1) and (2) of B.C. Reg. 227/2002.

Part 3 — Changing a Registration

Registration changes

12 (1) A financing change statement must be used to register the following changes to a registration:

(a) a debtor transfer;

(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 of a registration pursuant to a court order.

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

(a) the registration number of the base registration that relates to the registration to be changed;

(b) the name of the base debtor exactly as it is given on the base registration;

(c) the type of change being made.

(3) If the change is the transfer of all the debtor's interest, the registering party must,

(a) in the appropriate spaces for an individual or business debtor, enter

(i) the block number for the debtor whose interest is being transferred, and

(ii) the name of the debtor whose interest is being transferred as it appears on the existing registration, and

(b) in the appropriate spaces for an individual or business debtor, enter the description, in accordance with Division 2, Part 2, B.C. Reg. 227/2002, of the debtor to whom the interest in the collateral has been or is to be transferred.

(4) If the change is the release of a debtor, the registering party must, in the appropriate spaces for an individual or business debtor, enter

(a) the block number for the debtor being released, and

(b) the debtor's name as it appears on the existing registration.

(5) If the change is a partial discharge of collateral, the registering party must, in the appropriate spaces marked "Vehicle Collateral" or "General Collateral",

(a) if collateral that is being discharged has been described by serial number in a vehicle collateral line in the existing registration, enter

(i) the block number for the collateral being discharged, and

(ii) the serial number, Department of Transport registration number or the manufactured home registration number as it appears in the existing registration, and

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

(6) If the change is the addition of collateral, the registering party must, in the appropriate spaces marked "Vehicle Collateral" or "General Collateral", enter the description of the added collateral in accordance with section 11.

(7) If the change is the substitution of collateral, the registering party must

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

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

(8) If the change is the registration of a court order, the registering party must

(a) in the space marked "Details of: `9 Court Order' or `10 Amendment/Other Change'", enter the name of the court, the court file number, the date of the order and the effect of the court order,

(b) in the appropriate spaces, delete or add information if required to effect the court order, and

(c) submit for filing a copy of the court order along with the financing change statement.

(9) If the change being described in the financing change statement is other than one referred to in, or is a combination of 2 or more of the changes referred to in, subsections (3) to (8), and is being described in the financing change statement, the registering party must

(a) in the case of a transfer of part of the collateral to a new debtor, in the space marked "Details of: `9 Court Order' or `10 Amendment/Other Change'", enter `partial transfer to new debtor' and a description of the collateral being transferred and, in the appropriate spaces, enter the description, in accordance with Division 2, Part 2, B.C. Reg. 227/2002, of the debtor to whom the collateral is being transferred,

(b) in the case of a change in a debtor's name or address, in the space marked "Details of: `9 Court Order' or `10 Amendment/Other Change'", enter "debtor name/address change", and

(i) if the registering party wishes to delete the previous debtor name or address, enter the information required by subsection (4), and

(ii) in the appropriate spaces for an individual or business debtor, in accordance with Division 2, Part 2, B.C. Reg. 227/2002,

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

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

(C) if both the debtor's name and address are changed, enter the debtor's new name and new address,

(c) to add a debtor's name and address, in the space marked "Details of: `9 Court Order' or `10 Amendment/Other Change'", enter "add debtor name and address", and in the appropriate spaces, enter a description of the new debtor name and address in accordance with Division 2, Part 2, B.C. Reg. 227/2002, and

(d) in the case of a change not otherwise referred to in this Part

(i) in the space marked "Details of `9 Court Order' or `10 Amendment/Other Change'", enter a description of the type of change,

(ii) in the appropriate spaces, enter the exact information to be deleted as it appears on the existing registration being amended and, if a debtor or vehicle collateral is being deleted, enter the block number of the deletion, and

(iii) in the appropriate spaces, enter the exact information to be added in accordance with any applicable instructions in this section.

(10) The registering party must enter in the space marked "Party Registering Change", either the registering party's full name and mailing address, or their registering party code.

(11) Unless a court order requires the registrar to register the financing change statement, in which case the registrar may sign it, a financing change statement must be signed in the space marked "signature" by the secured party or other person having authority to sign the financing change statement, and

(a) the name of the individual signing must be typed in the space marked "Name of individual signing", or

(b) if the financing change statement is to be signed by a person who has the authority to sign for the secured party, other than as an employee or officer of a corporate secured party, the registering party must enter in the space marked "Name of agent" the name of the artificial body or individual who has authority to sign the form.

Billing number

13 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.

Discharges of registrations

14 Part 5 of B.C. Reg. 227/2002 is adopted.

Part 4 — General

General

15 (1) Part 7 of B.C. Reg. 227/2002 is adopted, except sections 52 to 54 and 56 to 59.

(2) The information required or permitted by this regulation to be set out on a paper form must be set out in a manner suitable for microfilming and the information must be typewritten or machine printed in black ink with clear, neat and legible characters without erasure, interlineations or alteration.

Demand under section 6 of the Act

16 A demand given under section 6 of the Act must be in the form established by the registrar.

Part 5 — Forms and Schedules

Schedules under B.C. Reg. 227/2002

17 Schedules 1 to 3 of B.C. Reg. 227/2002 are adopted.

Form 3 of B.C. Reg. 227/2002

18 Form 3 of B.C. Reg. 227/2002 applies for the purposes of this regulation.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada