Draft Uniform Liens Act 1995

GENERAL APPLICATION OF THE PERSONAL PROPERTY SECURITY ACT

Application of Personal Property Security Act

30 Except as otherwise provided in this Act, the following provisions of the Personal Property Security Act apply to a lien created by this Act as though the lien were a security interest

(a) section 4 (validity and perfection of foreign lien on goods);

(b) section 5 (choice of law where parties understand goods are to be taken to another province);

(c) section 6 (validity, perfection and effect of perfection or non-perfection liens in mobile goods);

(d) section 7 (choice of law for procedural and substantive issues relating to goods);

(e) section 16 (care of collateral);

(f) Part IV (registration);

(g) section 62 (application to the court);

(h) section 64 (rights to be exercised in a commercially reasonable manner);

(i) section 65 (extension of time);

(j) section 66 (remedial provision);

(k) section 67 (service of notices);

(l) section 68 (notice or knowledge);

(m) section 74 (regulation-making power).

Commentary

This gathers together the PPSA provisions that will be applicable to a lien under this Act.

Transition

31(1) This Act applies to every lien that has not been terminated in accordance with prior law before the coming into force of this Act.

(2) A lien that is validly registered pursuant to [any repairer's or garagekeeper's legislation extant in the province] is deemed to be registered pursuant to this Act for the unexpired portion of the registration and may be continued by registration pursuant to this Act.

Commentary

This represents the only transition provision thought to be necessary.

Repeal

32 The following are repealed

(a) [any repairer's or garagekeeper's legislation extant in the province];

(b) the Uniform Warehousemen's Lien Act; and

(c) sections 8 and 9 of the Uniform Hotelkeepers Act.


The Committee acknowledges with gratitude the drafting and research of Prof. Rod Wood and the Alberta Law Reform Institute contained in the REPORT ON LIENS, Report for Discussion No. 13, which forms the basis of the research in the above commentaries and the drafting.

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