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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. (1) In this Act
"aircraft" means any machine used or designed for navigation of the air;
"boat" includes an inboard motor and an outboard drive unit, a jet propulsion unit, or any equipment that is accessory to the motor for the purpose of propelling the boat;
"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;
"garage keeper" means any person who keeps a place of business for the sale of motor accessories or for the storage or repair of motor vehicles, aircraft, boats or outboard motors;
"material" means every kind of movable property;
"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes a trailer as defined in that Act;
"person" includes a firm, a partnership, an association or any other legal entity;
"registrar" means the registrar as defined in the Personal Property Security Act;
"registry" means the personal property registry as defined in the Personal Property Security Act.
(2) For the purposes of this Act a person, partnership, corporation or association knows or has knowledge where it would have knowledge under the circumstances referred to in section 1 (2) of the Personal Property Security Act.
Historical Note(s): RS1960-238-2; 1965-24-2; 1969-35-18; 1977-31-11; 1978-25-334; 1990-11-96.
2. Every mechanic or other person who has bestowed money, skill or materials on any chattel in the alteration and improvement of its properties, or increasing its value, so as thereby to become entitled to a lien on the chattel for the amount or value of the money, skill or materials bestowed, has, while the lien exists, but not afterwards, in case the amount to which he is entitled remains unpaid for 90 days after it ought to have been paid, power to sell the chattel on which the lien exists, on giving 2 weeks' notice by advertisement in a newspaper published in the city, town or county in which the work was done, or in case there is no newspaper published in the city, town or county, then in a newspaper published in the Province nearest to it, stating the name of the person indebted, the amount of his indebtedness, a description of the chattel to be sold and the time and place of sale. After the sale the mechanic or other person shall apply the proceeds of the sale in payment of the amount due to him, and the costs of advertising and sale, and shall pay over the surplus, if any, to the person entitled to it, on application being made to him for it, and a notice in writing of the result of the sale shall be left at or mailed to the address of the owner at his last known place of abode or business.
Historical Note(s): RS1960-238-42.
3. (1) Where a garage keeper, before surrendering possession of a motor vehicle, aircraft, boat or outboard motor obtains from the person at whose request he has bestowed money, skill or materials on it, an acknowledgment of indebtedness by requiring that person to sign an invoice or other statement of account, he does not, by surrendering possession of the motor vehicle, aircraft, boat or outboard motor, lose any lien on it.
(2) The lien ceases to exist on the expiry of 21 days after possession is surrendered unless, in the meantime, the garage keeper registers in the registry a financing statement respecting the lien on the motor vehicle, aircraft, boat or outboard motor.
(3) Registration of a financing statement is effective from the time assigned to it in the office of the registry and, where 2 or more financing statements are assigned the same time, the order of registration is determined by reference to the registration numbers assigned to the financing statements in the registry office.
(4) The registrar shall not register a financing statement or issue a search result respecting a lien under this Act until any fees prescribed under the Personal Property Security Act have been paid or arrangements satisfactory to the registrar for their payment have been made.
(5) A registration may relate to one or more liens.
(6) The motor vehicle, aircraft, boat or outboard motor shall be described on the financing statement in the form and manner prescribed by regulation under the Personal Property Security Act.
(7) The validity of the registration of a financing statement is not affected by a defect, irregularity, omission or error in the financing statement or in the registration of it unless the defect, irregularity, omission or error is seriously misleading.
(8) Where the motor vehicle, aircraft, boat or outboard motor is required, by the regulation referred to in subsection (6), to be described in a financing statement by serial number and there is a seriously misleading defect, irregularity, omission or error in
(a) the name of the owner of the motor vehicle, aircraft, boat or outboard motor, or
(b) the serial number of the motor vehicle, aircraft, boat or outboard motor,
the registration is invalid.
(9) Nothing in subsections (7) and (8) shall require, as a condition to a finding, that a defect, irregularity, omission or error is seriously misleading, proof that anyone was actually misled by it.
(10) Failure to provide a description in a financing statement of a motor vehicle, aircraft, boat or outboard motor does not affect the validity or effectiveness of the registration with respect to another motor vehicle, aircraft, boat or outboard motor described on the financing statement.
(11) The registrar may reject a financing statement when, in the opinion of the registrar, it does not comply with this Act or the regulations and the registrar shall give written reasons for the rejection.
Historical Note(s): 1990-11-97.
7. (1) On the registration of a financing statement, the lien continues for a period of 180 days after the date of registration and, subject to subsections (2) and (4), after that period
(a) the lien ceases to exist, and
(b) the registration of the financing statement is no longer effective.
(2) Where the motor vehicle, aircraft, boat or outboard motor has been seized under section 9 within the period referred to in subsection (1) or allowed under subsection (4), the lien continues for as long as the motor vehicle, aircraft, boat or outboard motor remains in the possession of the sheriff or of the garage keeper.
(3) [Repealed 1990-11-99.]
(4) Where it appears that a seizure cannot be effected within the 180 days, a court may, on ex parte application made within the 180 days, order that the time during which the seizure may be made be extended for a further period not exceeding 180 days after the date of the order, and in that case the lien continues until the date specified in the order, if a financing change statement is registered in respect of the order in the registry before the expiration of the 180 days referred to in subsection (1).
(5) [Repealed 1990-11-99.]
Historical Note(s): 1981-20-55, proclaimed effective November 1, 1981; 1990-11-99.
7.1 (1) Where a financing statement, or a financing change statement referred to in section 7 (4), is registered, and
(a) the indebtedness with respect to which the financing statement or financing change statement has been registered is paid, or
(b) the garage keeper is not entitled to maintain the registration of the financing statement or financing change statement relating to a claim of lien on the motor vehicle, aircraft, boat or outboard motor,
the garage keeper shall discharge, or where the registration relates to more than one lien partially discharge, the registration by registering a financing change statement with respect to that motor vehicle, aircraft, boat or outboard motor.
(2) If a garage keeper fails to discharge or partially discharge a registration as required by subsection (1), the owner or anyone with an interest in the motor vehicle, aircraft, boat or outboard motor may give a written demand to the garage keeper requiring the garage keeper to register a financing change statement, not later than 15 days after the demand is given, discharging or partially discharging the registration.
(3) If the garage keeper fails to comply with a demand referred to in subsection (2) after the demand is given, the person who gave the demand may require the registrar to give a notice in writing to the garage keeper stating that the registration will be discharged or partially discharged by the registrar in accordance with the demand, on the expiry of 40 days after the day the registrar gives the notice to the garage keeper, unless in the meantime the garage keeper registers an order of a court maintaining the registration.
(4) A demand referred to in subsection (2) may be given
(a) in accordance with section 72 of the Personal Property Security Act, or
(b) by registered mail addressed to the address of the garage keeper as it appears on the financing statement.
(5) On application by the garage keeper to any court having jurisdiction, the court may order that the registration be maintained, discharged or partially discharged.
(6) No fee shall be charged and no amount shall be accepted by a garage keeper for compliance with a demand referred to in subsection (2).
(7) If, without reasonable excuse, a garage keeper fails to comply with subsection (1) or the demand referred to in subsection (2), the owner or any person with an interest in the motor vehicle, aircraft, boat or outboard motor has a right to recover compensation from the garage keeper for loss or damage that was reasonably foreseeable as liable to result from the failure.
Historical Note(s): 1990-11-100.
7.2 (1) Where a financing statement is registered in the registry, the registrar may have the statement photographed or otherwise reproduced and the reproduction is for all purposes deemed to be the statement photographed or reproduced.
(2) Information in a registration may be removed from the records of the registry
(a) when the registration is no longer effective,
(b) on the receipt of a financing change statement discharging or partially discharging the registration,
(c) if the garage keeper fails to submit to the registrar a court order maintaining the registration under section 7.1 (5), or
(d) on receipt of a court order compelling the discharge or partial discharge of a registration.
Historical Note(s): 1990-11-100.
7.3 For the purposes of this Act registration of a financing statement in the registry is not constructive notice or knowledge of its existence or contents to third parties.
Historical Note(s): 1990-11-100.
7.4 (1) A person may, in the manner prescribed under the Personal Property Security Act, request one or more of the following:
(a) a search against the name of a person and the issue of the search result;
(b) a search according to the serial number of goods of a kind that may be, or are required to be, described by serial number on a financing statement and the issue of the search result;
(c) a search according to a registration number and the issue of a search result;
(d) a certified copy of any registered document.
(2) A printed search result that purports to be issued by the registry is receivable in evidence as prima facie proof of its contents including
(a) the date of registration of a financing statement to which the search result refers, and
(b) the order of registration of the financing statement as indicated by the registration number.
(3) A copy of a registered financing statement or other registered document bearing the certification of the registrar is receivable in evidence as a true copy of the statement or document without proof of the signature or official position of the registrar.
Historical Note(s): 1990-11-100.
7.5 Sections 52 and 54 of the Personal Property Security Act apply to this Act.
Historical Note(s): 1990-11-100.
8. After possession of the motor vehicle, aircraft, boat or outboard motor has been surrendered by the garage keeper, the garage keeper's lien on it is postponed to
(a) the interest of a buyer acquired in good faith, for value and without knowledge of the lien of the garage keeper after the surrender and before a financing statement relating to the lien is registered as provided under this Act,
(b) a security interest acquired in good faith, for value and perfected under the Personal Property Security Act after the surrender and before a financing statement relating to a lien is registered under this Act,
(c) another repairers lien under section 3 if
(i) the money, skill or materials to which the other lien relates was bestowed in good faith and without knowledge of the first lien, and
(ii) a financing statement relating to the other lien is registered as provided under this Act before a financing statement relating to the first lien is registered, and
(d) the lien of a repairer who has retained possession, if the money, skill or materials to which the other lien relates was bestowed in good faith, without knowledge of the first lien and before a financing statement relating to the first lien is registered under this Act.
Historical Note(s): 1990-11-101.
9. (1) At any time while the lien of a garage keeper is subsisting, the garage keeper may issue a warrant addressed to a bailiff licensed under the Debt Collection Act, or to the sheriff of the county or district in which the motor vehicle, aircraft, boat or outboard motor subject to the lien is for the time being, directing the bailiff or the sheriff to seize the motor vehicle, aircraft, boat or outboard motor within 180 days after the date of the filing of the lien and to return the same to the garage keeper. It is the duty of the bailiff or the sheriff on receipt of the warrant and of his fees, and he may himself or by his employee, deputy or officer, seize in the period of 180 days the motor vehicle, aircraft, boat or outboard motor if it is found in the territory, county or district for which the bailiff is licensed or for which the sheriff is appointed and to deliver it to the garage keeper.
(2) No person shall demand or take, with respect to the enforcement of a lien under this Act, any fee or compensation other than those prescribed.
(3) [Repealed 1981-20-56, proclaimed effective November 1, 1981.]
Historical Note(s): RS1960-238-49; 1965-24-8; 1970-44-14; 1977-31-11; 1981-20-56, proclaimed effective November 1, 1981.
10. When a motor vehicle, aircraft, boat or outboard motor has been delivered to a garage keeper under section 9, the garage keeper may sell the motor vehicle, aircraft, boat or outboard motor in the manner provided, and subject to the same conditions as to advertisement and otherwise as are contained in section 2.
Historical Note(s): RS1960-238-50; 1965-24-9; 1977-31-11.
12. The provisions of the Builders Lien Act, to the extent that they are applicable, apply to this Act.
Historical Note(s): 1979-363-12.
13. The Lieutenant Governor in Council may make regulations and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations respecting the matters set out in section 76 of the Personal Property Security Act as they relate to this Act.
Historical Note(s): 1990-11-103.
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