Older Uniform Acts

Liens Act 2000



GENERAL APPLICATION OF THE UNIFORM PERSONAL PROPERTY SECURITY ACT

23. Except as otherwise provided in this Act, the following provisions of the Uniform Personal Property Security Act apply, with any necessary modification, to a lien created by this Act as though the lien were a security interest

section 4 (validity and perfection of foreign lien on goods);
section 5 (choice of law where parties understand goods are to be taken to another province or territory);

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

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

section 16 (care of collateral);

section 17 (information to be provided by the lien claimant);

Part IV (registration);

Part V (default ? rights and remedies);

section 62 (application to the court);

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

section 65 (extension of time);

section 66 (remedial provision);

section 67 (service of notices);

section 68 (notice or knowledge).

Commentary: This section gathers together the PPSA provisions that will be applicable to a lien under this Act. To restate those provisions in this Act would create a risk that at some future date its provisions would cease to parallel those of the PPSA as the latter is amended. Enacting jurisdictions might wish to consider preparing a detailed pamphlet for the purpose of educating lien claimants as to the interface between this Act and the PPSA.

Regulations

[24. For the purpose of carrying out this Act according to its intent, the Lieutenant Governor in Council may make regulations defining, enlarging or restricting the meaning of any word or expression used in this Act, including words and expressions defined in this Act, and any word or expression used in a regulation adopted pursuant to clause (b), whether or not the word or expression is defined in the regulation;
adopting, as amended from time to time or otherwise, any regulations made pursuant to the Uniform Personal Property Security Act and amending them or otherwise providing for any necessary modifications to them for the purposes of this Act;

prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations;

respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.]

Commentary: Enacting jurisdictions will wish to refer to local policies on regulation?making powers. The regulation?making power under the local PPSA should provide an appropriate point of departure in framing this provision.

Common law liens abolished

25. "(1) Any lien arising under the common law of the kind that arises under this Act is abolished".

(2) The lien arising under the common law in favour of an innkeeper with respect to the goods of a guest of the innkeeper is abolished.
Commentary: The common law lien of an innkeeper often arises without a request from a guest to store the goods of the guest, as when the guest abandons property in the room that he or she has occupied and leaves without paying for the accommodation. The request made by a guest is normally a request for accommodation, not for storage of goods. Without a specific repeal of the innkeeper's common law lien, arguably this type of lien would continue.
In some circumstances, a guest may also request storage of goods (for example, requesting safekeeping of valuables in the hotel safe, requesting storage of luggage between checkout time and a late?in?the?day flight. In those circumstances, section 2 would probably apply.

Transition

26. (1) In this section, "prior law" means [insert definition appropriate for legislation of enacting jurisdiction].

(2) This Act applies to every lien created under prior law that has not been terminated in accordance with prior law before the coming into force of this Act. (3) A lien created under prior law that is validly registered pursuant to [any repairer's or garagekeeper's legislation extant in the enacting jurisdiction] 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

27. (1) Sections 8 and 9 of the Uniform Hotelkeepers Act are repealed. (2) The [any repairer's or garagekeeper's legislation extant in the enacting jurisdiction] Act is repealed. (3) The Uniform Warehousemen's Lien Act is repealed.





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