Older Uniform Acts

Draft Uniform Liens Act 1995

1995 Quebec, QC
By: Madam Justice Georgina Jackson, Saskatchewan Court of Appeal
[See 1995 Proceedings at page 45]


Definitions

1 In this Act,

"consumer goods" means goods that are used or acquired for use primarily for personal, family or household purposes;

Commentary: This definition is included solely for the purposes of subsection 14(2), which permits a buyer or lessee for value and without knowledge of a lien to take the goods free of that lien.

"court" means the [superior court of the province, or the provincial court where the value of the asset does not exceed $10,000];

Commentary:
This definition, in addition to using the jurisdiction of the superior court, contemplates the use of the small claims procedure for claims in relation to assets that do not exceed $10,000 in value.

"debtor" means the person who is indebted to the lien claimant;

Commentary: Sel f-explanatory

"financing statement" means a financing statement as defined in the Personal Property Security Act;

Commentary: This definition reflects a decision to register the liens created by this Act in the registry established under the Personal PropertySecurity Act. [Please note that all references to the PPSA in this Act are to the Uniform Act.]

"lien" means a lien created by this Act;

Commentary:
This Act does not apply to all liens, but only those which have a commercial base and can be considered to have value. This point is more fully canvassed under section 2.

"lien claimant" means a person who has a lien on goods pursuant to this Act;

"sheriff includes a sheriff's agent and any person appointed by a sheriff.

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