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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
1. In this Act
"collector" includes a person appointed as a collector of taxes under the Municipal Act, the Taxation (Rural Area) Act, the Vancouver Charter or any other Act that authorizes the assessment and levy of taxes on real property;
"court" means the Supreme Court;
"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;
"instrument" includes a document in writing by which property in a manufactured home may be transferred or acquired;
"lessee-owner" means a lessee under an agreement in the form of a lease, that is a security agreement, to which section 2 of the Personal Property Security Act applies;
"lessor-owner" means a lessor under an agreement in the form of a lease, that is a security agreement, to which section 2 of the Personal Property Security Act applies;
"manufactured home" means any structure, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and to provide
(a) a dwelling house or premises;
(b) a business office or premises; or
(c) accommodation for any other purpose;
unless exempted by this Act or the regulations;
"manufactured home dealer" means a person who acquires, disposes of, exchanges, trades, leases or otherwise deals in manufactured homes in the ordinary course of his business or pursuant to a scheme or plan for profit;
"owner" means a person entitled to be registered in the register as the owner of a manufactured home, whether entitled in his own right or in a representative capacity or otherwise and includes
(a) a debtor under a security agreement providing for a security interest in a manufactured home, and
(b) a lessor-owner and a lessee-owner;
but does not include a secured party, other than a lessor-owner, under a security agreement providing for a security interest in a manufactured home;
"property" means any right, title or interest of an owner in a manufactured home;
"register" means the records kept at the manufactured home registry office under this Act;
"registrar" means the Registrar of Manufactured Homes;
"salesman" means a person employed by a manufactured home dealer or by an agent as defined in the Real Estate Act either generally or in a particular case to do anything referred to in the definition of agent under that Act;
"secured party" means a secured party under a security agreement;
"security agreement" means a security agreement to which section 2 of the Personal Property Security Act applies;
"security interest" means an interest in a manufactured home that secures payment or performance of an obligation.
Historical Note(s): 1977-40-1; 1978-29-1; 1990-11-75; 1990-53-12
2. This Part applies to every transaction, regardless of its form, that has the effect of transferring property in a manufactured home that is not exempted by this Act or the regulations.
Historical Note(s): 1977-40-2; 1990-11-76; 1990-53-12.
3. The Sale of Goods Act applies except in so far as it is inconsistent with this Act.
Historical Note(s): 1977-40-3.
4. An instrument, agreement or other document to which this Act applies is not invalidated or rendered ineffective by reason only of a defect, irregularity, omission or error in it or in its execution unless, in the opinion of the court, the defect, irregularity, omission or error has actually misled a person whose interest is affected.
Historical Note(s): 1977-40-4.
20. (1) The minister shall establish a registration system, including an office to be known as the manufactured home registry office for the purpose of this Act.
(2) The manufactured home registry office shall be located at or near the City of Victoria.
Historical Note(s): 1977-40-12; 1990-53-12.
21. (1) The business of the manufactured home registry office and the registration system shall be conducted and supervised by the registrar, with other employees as necessary, all appointed under the Public Service Act.
(2) The registrar may, in writing, delegate his authority.
Historical Note(s): 1977-40-13; 1990-53-12.
22. The registrar shall have a seal of office in a form the minister approves.
Historical Note(s): 1977-40-14.
23. The registrar or a person acting under his authority shall not be liable personally in a proceeding about any act or matter done or omitted in good faith in the exercise or purported exercise of his powers or duties under this Act, a regulation or an order, or for costs of the proceeding.
Historical Note(s): 1977-40-15.
24. (1) On request of any person and payment of the prescribed fee, the registrar shall issue a certificate stating
(a) the registration number, year of manufacture, make and model of the manufactured home;
(b) the registered location of the manufactured home;
(c) the name and address of the registered owner of the manufactured home; and
(d) [Repealed 1990-11-79.]
(e) other prescribed information.
(2) On payment of the prescribed fee, the registrar shall make available for inspection any document pertaining to a manufactured home referred to in the register.
(3) On payment of the prescribed fee, the registrar shall furnish a certified copy of any document referred to in subsection (2).
(4) A certificate issued under subsection (1) is evidence of its contents.
(5) A certified copy furnished under subsection (3) is evidence of the contents of the document so certified.
Historical Note(s): 1977-40-16; 1987-42-78, effective July 31, 1987 (B.C. Reg. 271/87); 1990-11-78,79; 1990-53-12.
25. (1) Except as against the person making it, an instrument taking effect after April 1, 1978 purporting to transfer property in a manufactured home shall not be effective to transfer property in the manufactured home unless the instrument is registered in the manufactured home registry office.
(1.1) The giving of a security interest in a manufactured home does not sever a joint tenancy in the manufactured home.
(2) [Repealed 1990-11-77.]
(3) This section is subject to the Land Title Act.
Historical Note(s): 1977-40-17; 1978-29-6; 1990-11-77,80; 1990-53-12.
25.1 (1) In this section "manufactured home park" means land used or occupied by a person for the purpose of providing space for the accommodation of 3 or more manufactured homes and for imposing a charge or rental for the use of that space.
(2) If, after the coming into force of this section, a person moves a manufactured home to a manufactured home park, or purchases a manufactured home that has never been occupied and that is situated in a manufactured home park, the manufactured home is not part of the land that forms the manufactured home park unless a written agreement that the manufactured home is part of the land
(a) is entered into by
(i) every registered owner of the manufactured home,
(ii) every person with a security interest in the manufactured home who has registered a financing statement in the personal property registry under the Personal Property Security Act using the serial number of the manufactured home, and
(iii) every person who is registered in the land title office as an owner of the fee simple interest in the land, and
(b) is filed in the manufactured home registry office.
Historical Note(s): 1992-77-5.
26. (1) All instruments required to be registered under this Act must be submitted for registration at the manufactured home registry office in the prescribed manner with the prescribed registration fee.
(2) Registration is effective from the time the prescribed particulars are submitted for registration and a registration number is assigned to the registration.
(3) A registrar shall not register
(a) a transfer or agreement to transfer a manufactured home or an interest in it;
(b)and (c) [Repealed 1990-11-77.]
unless the manufactured home is registered under this Act.
([4) A microfilm copy made by or under the authority of the registrar of an instrument registered under this Act shall stand in the place of and have the same effect as the instrument that was registered.]
([5) Where a registered instrument has been photocopied on microfilm, the registrar may return the registered instrument to the person who applied to register it.]
Historical Note(s): 1977-40-18,21(6); [subsections (4) and (5), enacted 1979-22-28, not in force]; 1990-11-77; 1990-53-12.
27. (1) An application for registration shall be made to the registrar in the prescribed form and the registrar shall, on being satisfied that
(a) the person named in the application as owner is entitled to be so registered;
(b) the application conforms to subsection (2); and
(c) the prescribed fee has been paid;
register the name of the owner of the manufactured home and the interest claimed by him as owner, and assign a registration number to the manufactured home.
(2) The application must set out
(a) the full name and address of the owner;
(a.1) in the case of an application by a lessor-owner or a lessee-owner, the names and addresses of the lessor-owner and the lessee-owner;
(b) the year of manufacture and the make and model of the manufactured home;
(c) the location of the manufactured home; and
(d) other information that may be prescribed.
(3) On registration of a manufactured home, the registrar shall issue one or more decals bearing its registration number and the owner of the manufactured home shall affix them, in the prescribed location, to the manufactured home.
(4) Registration of a person as a lessor-owner of a manufactured home shall not affect the priority status of the interest of the person under the Personal Property Security Act.
Historical Note(s): 1977-40-21(2,3,4); 1990-11-81; 1990-53-12.
30. A person who knowingly makes a false statement in an application under section 31 commits an offence and is liable to a fine not exceeding $2,000.
Historical Note(s): 1977-40-21(5); 1990-11-82.
31. (1) Where property in a manufactured home is transferred, a person may apply to register the transfer by making application in the prescribed form, paying the prescribed fee and filing the instrument of transfer, or a true copy of it, signed by
(a) the lessor-owner in the case of the transfer of the lessor-owner's interest;
(b) the lessee-owner in the case of the transfer of the lessee-owner's interest, or
(c) a registered owner, other than a lessor-owner or lessee-owner.
(2) The application must set out the
(a) full name and address of the owner and of the transferee;
(b) date of execution of the transfer instrument;
(c) registration number, year of manufacture, make, model and location of the manufactured home; and
(d) other information as prescribed.
(3) The registrar, on being satisfied that the transfer filed is sufficient to transfer to or vest in the applicant a good safeholding and marketable title to the interest transferred and that the application conforms to subsection (2), shall register the interest claimed by the applicant in the register.
Historical Note(s): 1977-40-22; 1990-11-83; 1990-53-12.
36. (1) Where this Act provides a time limit for doing an act, the registrar may, on application made before or after the expiration of the time, on terms and with notice, if any, that he may order, extend the time for compliance on being satisfied that no interest of any other person is likely to be prejudiced by the extension.
(1.1) An application under subsection (1) shall be accompanied by the prescribed fee.
(2) If it subsequently appears to a court that an act or thing done within the extended period has prejudiced the rights that a person acquired before the act or thing was done, the act or thing shall be conclusively presumed not to have been done in conformity with this Act.
(3) A copy of an order made under this section shall, for purposes of registration, be attached to the instrument to which the order relates.
Historical Note(s): 1977-40-27; 1987-42-79, effective July 31, 1987 (B.C. Reg. 271/87).
37. (1) Where the registration of an instrument, or an entry, memorandum or endorsement on an instrument or the register
(a) has been made in error or has been omitted on an instrument or the register; or
(b) was wrongfully or fraudulently obtained;
the registrar may, on the application of any person or on his own initiative, and on evidence he considers sufficient, without prejudicing rights conferred for value, cancel the registration, entry, memorandum or endorsement, correct the error or make the entry, memorandum or endorsement omitted.
(2) The registrar has, for the purpose of this section, the powers, privileges and protection of a commissioner under sections 9, 15 and 16 of the Inquiry Act.
(3) In the correction of an error on an instrument or the register, the registrar shall not erase or render illegible the original writing, entry, memorandum or endorsement so corrected or supplied.
(4) An instrument and the register so corrected and every entry, memorandum or endorsement so corrected or supplied, have validity and effect as if the error or omission had not existed, and a cancellation of the registration of an instrument, entry, memorandum or endorsement under this section has validity and effect from the making of the cancellation, entry, memorandum or endorsement.
(5) The registrar may, where he considers it is necessary for the prevention of fraud or improper dealing, decline to
(a) register a manufactured home or an instrument purporting to transfer property in a manufactured home; or
(b) issue a transport permit.
Historical Note(s): 1977-40-28; 1990-11-84; 1990-53-12.
38. (1) The registrar may make a preliminary inspection of an application and an instrument or other document presented with it.
(2) The registrar may summarily reject an instrument where
(a) it does not qualify in substance or in form for registration or filing;
(b) it is not on sufficiently durable paper;
(c) it is illegible in any respect, including the signature of a party, witness or an official authorized to take an affidavit or acknowledgment;
(d) it, not being an original, is in whole or in part not a certified true copy;
(e) the supporting application or other document is incomplete or not in proper form;
(f) he discovers obvious defects in property or the interest claimed; or
(g) in the case of an application to register the interest of a lessee-owner, the registrar is satisfied that the transaction by which the applicant claims to be entitled to registration is not a security agreement.
Historical Note(s): 1978-29-9; 1990-11-85.
39. (1) If the application and the instruments presented with it appear to be in good order, the registrar shall receive the application.
(2) The registrar may Note an application in the register as an interim application and, in that case, shall endorse the particulars of it, including the date and time it was received, on a certificate issued by him under section 24.
(3) Where there is an interim application that affects a manufactured home, the registrar shall not accept a subsequent application to register a transfer of property in the manufactured home until the interim application is registered or withdrawn.
(4) Notwithstanding subsection (3), the registrar may accept a subsequent application as an interim application by noting it in the register as an interim application and, in that case, he shall endorse the particulars of it, including the date and time it was received, on a certificate issued under section 24.
(5) Where an application has been Noted in the register as an interim application and no other interim application is dependent on it, it may, on terms the registrar considers proper, be withdrawn by the applicant at any time before registration.
(6) Where an instrument accompanying an interim application is not registered or withdrawn within one year after the particulars of it are Noted on the register, the registrar may, by giving 45 days notice in writing to the applicant and to a subsequent applicant, require that cause be shown why the application should not be cancelled and if, in the opinion of the registrar, no sufficient cause is shown at the end of that period, he shall cancel the application unless the applicant or subsequent applicant has applied to the court under section 58 (4).
(7) [Repealed 1990-11-77.]
(8) For the purposes of this section, "applicant" means, in the case of an application to register
(a) [Repealed 1990-11-77.]
(b) a transfer of property in a manufactured home, the transferor.
Historical Note(s): 1978-29-9; 1990-11-77,86; 1990-53-12.
41. (1) Unless exempted by the regulations, no person shall move a manufactured home unless
(a) the manufactured home is registered under this Act;
(b) a transport permit in the prescribed form authorizing the manufactured home to be moved has been issued by the registrar; and
(c) the manufactured home is moved to the location, and in accordance with the terms and conditions, set out in the transport permit.
(2) On application in the prescribed form of
(a) an owner of a manufactured home, or agent of the owner;
(b) a landlord under an order of possession granted under section 36 of the Residential Tenancy Act or in the exercise of a right conferred on him under a regulation of that Act respecting disposal of abandoned personal property;
(c) a secured party; or
(d) any other person under an order of a court;
and on payment of the prescribed fee, the registrar shall,
(e) on being satisfied by a certificate issued under section 50, that the taxes in respect of the manufactured home have been paid; and
(f) where the application is for a transport permit to remove a manufactured home from the Province, on being satisfied that no grants or mortgages have been made under the Provincial Home Acquisition Act or the Home Purchase Assistance Act for the manufactured home and for which the Crown is entitled to repayment;
issue a transport permit to the applicant authorizing the manufactured home to be moved to the location and in accordance with the terms and conditions set out in the transport permit.
(3) Where an application is made by a landlord under subsection (2) (b), the registrar shall not decline to issue a transport permit by reason only that the taxes on the manufactured home are due, in default, in arrears or delinquent, so long as the collector of the taxing authority to which the taxes are payable has consented in writing to the issue of the transport permit and the consent has been filed.
(4) A collector shall not unreasonably withhold his consent under subsection (3) so long as he is satisfied that the manufactured home will not be transported out of the taxing jurisdiction.
Historical Note(s): 1977-40-29(1,2,3,4); 1977-76-24; 1978-29-10; 1984-15-58, effective July 1, 1984 (B.C. Reg. 217/84); 1990-53-12.
42. (1) The registrar shall give notice of an application for a transport permit to
(a) a lessee-owner, when the application is made by a lessor-owner, and
(b) a secured party holding a security interest in the manufactured home who has registered a financing statement in the personal property registry that discloses the registration number of the manufactured home.
(2) The notice shall specify the name of the applicant, the location to which the manufactured home is to be transported and other information the registrar considers appropriate.
Historical Note(s): 1990-11-87.
43. (1) No person shall move a manufactured home to a location in the Province other than the location designated in the transport permit issued by the registrar under section 41.
(2) Unless otherwise stated on its face, a transport permit shall expire 30 days after the date it was issued.
(3) The registrar may, subject to the regulations, issue a transport permit subject to any conditions he considers necessary to facilitate the transportation of a manufactured home from one location to another, and where a transport permit is issued subject to conditions, no person shall move the manufactured home otherwise than in accordance with the conditions.
(4) Sections 41 to 43 do not apply to the transportation of a manufactured home that is exempted by regulation.
(5) A person who moves a manufactured home in contravention of sections 41, 42 or 43 commits an offence and is liable to a fine not exceeding $2,000.
Historical Note(s): 1977-40-29(6,7,8,9); 1990-53-12.
44. (1) No person shall import into the Province, sell, offer for sale or move a manufactured home that is not registered under this Act.
(2) Every person who fails to register a manufactured home, or imports, sells, offers for sale or moves a manufactured home in contravention of this section commits an offence and is liable to a fine not exceeding $2,000.
(3) This section does not apply to a manufactured home
(a) owned by the Crown, a Crown corporation or agency or by a municipality and occupied by or for the purposes of the Crown, Crown corporation or agency or the municipality;
(b) licensed and equipped to travel on a public highway, that is occupied by bona fide tourists for recreation purposes; or
(c) exempted by regulation.
Historical Note(s): 1977-40-30; 1990-53-12.
45. (1) Where a decal issued under section 27 is stolen, lost, defaced, mutilated or destroyed, the registrar shall, on application by the owner or his agent in the prescribed form, stating the circumstances of the theft, loss, defacement, mutilation or destruction, and on payment of the prescribed fee, issue a new decal.
(2) An owner who fails to affix, or knowingly fails to keep affixed in the prescribed manner a decal, issued under section 27 or this section, to the manufactured home in respect of which the decal is issued commits an offence and is liable to a fine not exceeding $200.
Historical Note(s): 1977-40-31; 1990-53-12.
46. (1) Subject to the regulations, the registrar may, on the application of a person or on his own initiative, order that a manufactured home, or a class of manufactured home, be exempt from this Act, or a provision of it, on terms and conditions he imposes and he may vary or rescind the order in whole or in part.
(2) A person may, in the prescribed form and on payment of the prescribed fee, apply to the registrar for an order under this section.
(3) Where an order is made under this section, the registrar shall record the exemption of the manufactured home by notation in the register.
(4) An order shall not be made under this section unless the written consent of each lessor-owner or other secured party who
(a) holds a security interest in the manufactured home;
(b) has perfected the security interest by registering a financing statement in the personal property registry that discloses the registration number of the manufactured home more than 10 days before the application for the order is made to the registrar, or
(c) has registered the security interest at the manufactured home registry office and has not reregistered it in the personal property registry
is filed with the registrar.
(5) Subsection (4) does not apply to a security interest that, after 3 years from the date this section comes into force, is not registered in the personal property registry in the manner referred to in subsection (4) (b).
Historical Note(s): 1978-29-11; 1990-11-88; 1990-53-12.
47. (1) A person who has commenced, or is a party to a proceeding, and is making a claim to, or to an interest in, a manufactured home, may file a caution in the prescribed form together with a true copy of the writ, notice or pleading in which he claims an interest.
(2) On receipt of a caution under this section and on payment of the prescribed fee, the registrar shall register the caution.
(3) A caution expires 2 months after it is registered unless within that period the court, on application, orders that the caution be
(a) cancelled; or
(b) continued until
(i) further order; or,
(ii) the expiry of a period fixed by the court for the determination of that person's rights under the caution.
(4) The person who registered a caution may withdraw it at any time by notice in writing to the registrar, but the court, on application, may order that person to pay compensation and costs to the owner.
Historical Note(s): 1977-40-33; 1987-42-80, effective July 31, 1987 (B.C. Reg. 271/87); 1990-11-89; 1990-53-12.
48. [Notwithstanding the Home Purchase Assistance Act and the Home Owner Grant Act, or any other Act or law, no person who is the purchaser or owner of a manufactured home shall be entitled to receive a grant, loan or other financial assistance under any of those Acts, unless the manufactured home in respect of which the grant or financial assistance is sought is registered under this Act.
Historical Note(s): 1977-40-34, not in force; amended 1990-53-12, amendment included.]
49. (1) The officers of any taxing authority are entitled, without charge, to search the register in respect of manufactured homes situated on land over which it has authority, for the purposes of taxation, assessment and incidental matters; and for that purpose any person approved by the registrar and employed by the taxing authority shall be admitted into the manufactured home registry office.
(2) Where the officers of a taxing authority so request and the state of business in the manufactured home registry office permits, the registrar may furnish any information in the register required by them at a charge to be fixed in each case by the registrar, on the basis of reasonable compensation to the office for the cost of furnishing the information.
Historical Note(s): 1977-40-35; 1990-53-12.
50. (1) Unless the regulations otherwise provide, the registrar shall not issue a transport permit under section 41 of this Act unless the application is accompanied by a subsisting certificate of the collector having taxing authority over the manufactured home certifying that no taxes
(a) on the manufactured home are in arrears or delinquent; and
(b) imposed or deemed to have been imposed for the current year are unpaid;
or where a tax notice in respect of the manufactured home has not been mailed, a deposit has been paid to the collector under section 51 (1).
(2) Subject to section 51 (1), on request for a certificate for the purpose of subsection (1), a collector shall, if no current taxes in respect of the manufactured home referred to in the request are unpaid, and if no taxes are in arrears or delinquent, provide without fee a certificate for the purpose of that subsection to the person making the request and the certificate shall be marked "For Transport Purposes" with the date on which the certificate will expire.
Historical Note(s): 1977-40-36; 1978-30-12; 1990-53-12.
51. (1) Notwithstanding the Municipal Act, the Taxation (Rural Area) Act or the Vancouver Charter, where
(a) a tax notice in respect of taxes imposed on a manufactured home for the current year has not been mailed to the person liable for them; and
(b) a person, other than a landlord
(i) under an order of possession granted under section 36 of the Residential Tenancy Act; or,
(ii) in the exercise of a right conferred on him under a regulation of that Act respecting disposal of abandoned personal property,
has requested the collector to issue a certificate for the purpose of section 50 (1),
the collector shall issue a certificate if
(c) there are no taxes in arrears or delinquent in respect of the manufactured home; and
(d) the person making the request has paid to the collector a deposit in the prescribed amount.
(2) Notwithstanding the Municipal Act, the Taxation (Rural Area) Act and the Vancouver Charter, where a person, other than a landlord
(a) under an order of possession granted under section 36 of the Residential Tenancy Act, or
(b) in the exercise of a right conferred on him under a regulation of that Act respecting disposal of abandoned personal property;
has requested the collector to issue a certificate for the purpose of section 50 (1) for a manufactured home in respect of which a tax notice or statement has been mailed to the person liable for the taxes, the collector may decline to issue the certificate until all taxes due, in arrears or delinquent have been paid.
(3) Payments accepted under subsection (1) (d) shall bear interest at the prescribed annual rate and the payments and interest shall be applied and credited by the collector against the current year's taxes imposed on the manufactured home in respect of which the payment was made.
([4) Notwithstanding the Municipal Act, the School Act, the Taxation (Rural Area) Act or the Vancouver Charter, where a manufactured home is transported from the jurisdiction of one taxing authority to the jurisdiction of another taxing authority, the collector who collects the taxes shall apportion the taxes collected in respect of the manufactured home among the taxing authorities in the prescribed manner.]
Historical Note(s): 1977-40-36; [subsection (4) enacted 1977-40-36(7), not in force]; 1977-76-24; 1978-29-12; 1984-15-59,60, effective July 1, 1984 (B.C. Reg. 217/84); 1990-53-12.
52. (1) A person not primarily liable for taxes in respect of a manufactured home, who
(a) is the holder of a security interest in the manufactured home; and
(b) pays the taxes in order to obtain a transport permit under section 41;
is entitled to add the amount paid to the principal money secured by the security interest, or to deduct the amount from rent, purchase price or other money payable under the instrument in respect of which he claims registration and the amount shall bear interest at the prescribed annual rate from the date of payment.
(2) The person who has paid the taxes under subsection (1) has, in respect of the amount paid, a lien against the manufactured home which has priority over any security interest in the manufactured home, but not over a claim of the Crown.
(3) The lien under subsection (2) ceases to exist after the expiry of 15 days from the date the taxes were paid unless, before that date, the lien is registered in the personal property registry in the form and manner prescribed under the Personal Property Security Act.
(4) The priority provided under subsection (2) does not apply with respect to the interest of a secured party who,
(a) at the date the taxes were paid, held a perfected security interest in the manufactured home, and
(b) has not been given written notice of the lien before the expiry of 60 days from the date the taxes were paid.
(5) The notice under subsection (4) may be given in accordance with section 72 of the Personal Property Security Act or by registered mail addressed to the address of the person to be notified as it appears in the security agreement or financing statement that relates to the manufactured home and that is registered in the personal property registry.
(6) The amount and any interest paid under subsection (1) is a debt recoverable by action by the person paying the taxes against the person who is primarily liable.
(7) A holder of a security interest who pays the amount of the taxes with interest to the date of payment to the person referred to in subsection (1) is subrogated to all of the rights and priorities held by that person.
Historical Note(s): 1977-40-37; 1978-29-13; 1990-11-90; 1990-53-12.
53. (1) Where taxes in respect of a manufactured home imposed under the Municipal Act, Taxation (Rural Area) Act, Vancouver Charter, Water Act or Drainage, Ditch and Dyke Act, Part 2, have become due, the collector may, whenever the taxes and any related interest or penalties remain unpaid, register a financing statement in the personal property registry established under the Personal Property Security Act in the form and manner prescribed under that Act.
(2) Sections 18, 43 (1) to (3), (6) to (8), (12) and (13), 46 to 48, 51, 52 and 54 of the Personal Property Security Act apply to registrations under this Act.
(3) Upon registration of a financing statement as provided in subsection (1), a lien for the unpaid taxes and any related interest and penalty is created on the manufactured home to which the registration relates and the lien continues as long as the registration is effective.
(4) The lien under subsection (3) has priority over any security interest, charge or claim, except a claim of the Crown.
(5) A collector who has registered a financing statement as provided in subsection (1) shall give a copy of the financing statement to each person registered under section 27 as owner of the manufactured home to which the registration relates.
(6) The copy of the financing statement referred to in subsection (5) and the notice in writing referred to in subsection (9) may be given in accordance with section 72 of the Personal Property Security Act or by registered mail addressed to the address of the person as it appears in the records of the register, in which case, section 72 (2) of the Personal Property Security Act applies.
(7) A registration of a financing statement as provided in subsection (1) is effective until discharged
(a) by registration of a financing change statement, or
(b) as provided in subsection (8) or (9).
(8) When the unpaid taxes, interest and penalties, if any, charged against the manufactured home in respect of which a registration has been made under subsection (1) have been paid, the collector shall discharge the registration.
(9) If the collector fails to discharge the registration as required in subsection (8), the person registered under section 27 as owner of the manufactured home to which the registration relates may require the registrar of the personal property registry to give a notice in writing to the collector stating that the registration will be discharged by the registrar on the expiry of 40 days after the day the registrar gives the notice to the collector, unless in the meantime the collector gives to the registrar an order of a court maintaining the registration.
(10) Where the collector has been given a notice under subsection (9) and fails to
(a) register a financing change statement discharging the registration, or
(b) obtain a court order maintaining the registration and fails to give the order to the registrar
before the expiry of the 40 days referred to in subsection (9), the registrar of the personal property registry may discharge the registration to which the notice relates.
(11) On application to a court by the collector, the court may order that the registration referred to in subsection (9) be maintained or discharged.
(12) Upon application by a collector, a court may make an order to protect or enforce a lien on a manufactured home, including an order that the manufactured home be delivered to a collector or that the manufactured home be seized by the collector.
(13) When a collector seizes or otherwise takes possession of a manufactured home, section 17 (2) and (3) (a) and (b) of the Personal Property Security Act applies.
(14) Taxes levied in respect of a manufactured home are recoverable in any manner in which taxes are recoverable under the Municipal Act, Taxation (Rural Area) Act, Vancouver Charter or any other Act, and notwithstanding that a manufactured home has been delivered to or seized by a collector under subsection (12), it shall not be sold or otherwise disposed of in a manner other than in compliance with the Act under which the taxes were levied.
(15) Subject to the Manufactured Home Tax Act, a manufactured home, whether or not it falls within the definition of an improvement under the Assessment Act, Municipal Act, School Act, Taxation (Rural Area) Act, Vancouver Charter or any other Act, is an improvement for the purpose of real property assessment and taxation and, except as provided in section 3 of the Manufactured Home Tax Act, the manufactured home shall be assessed and taxed in the name of the owner of the land on which the manufactured home is situated at the time of assessment.
(16) When default is made in the payment of taxes due and payable with respect to a manufactured home under the Municipal Act, Taxation (Rural Area) Act, Vancouver Charter or any other Act, the collector may file a certificate with any district registrar of the Supreme Court, and where so filed, the certificate shall be of the same force and effect and proceedings may be taken on it as if it were a judgment of the court for the recovery of a debt of the amount stated in the certificate against the person named in it.
(17) The certificate mentioned in subsection (16) shall contain
(a) the registration number of the manufactured home;
(b) the amount of taxes and related interest or penalties owing in respect of the manufactured home, and
(c) the name and address of the taxing authority to which the taxes are owing.
(18) A lien referred to in subsection (5) of this section as it was immediately before the coming into force of this subsection is deemed to be registered in the personal property registry.
(19) A deemed registration under subsection (18) expires 3 years from the date this subsection comes into force, but may be continued by registration under subsection (1) before the expiry of the 3 years.
Historical Note(s): 1990-11-91.
54. (1) No person shall
(a) sell, offer for sale or advertise for sale a new or previously unoccupied manufactured home; or
(b) move a new or previously unoccupied manufactured home;
unless it complies in all respects with the standards prescribed by regulation or is exempted from this section by the regulations.
(2) A regulation made under subsection (1) may incorporate by reference in whole or in part, with changes the Lieutenant Governor in Council considers necessary, any code or standard respecting manufactured homes.
(3) A person who contravenes this section or the regulations made under it commits an offence.
Historical Note(s): 1977-40-39, RS1979-281-61, effective May 15, 1992 (B.C. Reg. 186/92); [amended 1981-11-32, not in force, amendment not included; 1981-11-32 amended, 1990-53-12, effective September 1, 1990 (B.C. Reg. 252/90), amendment not included]; B.C. Reg. 186/92.
55. (1) No person shall sell, offer for sale or advertise for sale a used or previously occupied manufactured home unless he discloses in writing to the purchaser whether or not the manufactured home conforms to the standards prescribed by regulation, or the manufactured home is exempted from this section by the regulations.
(2) A person who contravenes subsection (1) commits an offence.
Historical Note(s): 1977-40-40, not in force; amended 1981-11-33, not in force, amendment not included; amended 1990-53-12, amendment included.]
56. (1) No person shall, on behalf of another, for or in expectation of a fee, gain or reward, direct or indirect, sell or lease, offer for sale or lease or advertise for sale or lease a manufactured home unless
(a) he is a licensee under the Real Estate Act; and
(b) security has been furnished as required by that Act.
(2) Subsection (1) does not apply to a person
(a) to whom Part 1 of the Real Estate Act does not apply; or
(b) exempted by the regulations under this Act.
(3) Subsection (1) does not apply for one year after the date of the
(a) coming into force of this section; or
(b) establishment of a manufactured home dealer's prelicensing course satisfactory to the superintendent under the Real Estate Act;
whichever is the later date, to a person who is a licensee under the Real Estate Act on the date of the coming into force of this section.
(4) A person who contravenes subsection (1) commits an offence.
Historical Note(s): 1977-40-41, not in force; amended 1990-53-12, amendment included.]
57. (1) No person shall act as a manufactured home dealer unless
(a) he is a licensee under the Real Estate Act; and
(b) he has furnished security as required by that Act.
(2) Subsection (1) does not apply to a person
(a) to whom Part I of the Real Estate Act does not apply; or
(b) exempted by the regulations under this Act.
(3) Subsection (1) does not apply for one year after the date of the
(a) coming into force of this section; or
(b) establishment of a manufactured home dealer's prelicensing course satisfactory to the superintendent under the Real Estate Act;
whichever is the later date, to a person acting as a manufactured home dealer on the date of the coming into force of this section.
(4) A person who contravenes subsection (1) commits an offence.
Historical Note(s): 1977-40-42, not in force; amended 1990-53-12, amendment included.]
58. (1) Where the registrar refuses
(a) a registration, filing, entry, correction or cancellation; or
(b) to do any other thing that he is authorized or required to do in respect of an application properly made under this Act;
he shall forthwith notify the applicant or his agent, in writing and by registered mail, of his refusal, stating briefly his reasons and his further requirements, and, where a subsequent application is affected by his refusal, he shall similarly notify the subsequent applicant.
(2) Where the requirements of the registrar are met within 30 days after mailing the notice of refusal, the application shall be proceeded with; but if the requirements of the registrar are not met within that period, the application shall, at the end of that period, be void and shall be cancelled, unless the applicant applies to court under subsection (4).
(3) The registrar may extend, on application before expiration of the time limited by subsection (2) or (4), as the case may be, the time for fulfilling his requirements or for applying to court.
(4) The applicant may, not later than 30 days after the date the registrar's notice of refusal was mailed, apply to the court in chambers in a summary way, supported by affidavit of the applicant and of other persons if necessary, stating the material facts of the case.
(5) The applicant shall serve a notice of the hearing of the application together with copies of all material and exhibits on all interested parties, including the registrar, at least 10 days before the date set for the hearing.
(6) The court may make any order it considers necessary as to notification of other parties to the hearing and on the hearing may make any order the circumstances may require and the court considers proper.
Historical Note(s): 1977-40-43.
59. (1) Where a question arises in respect of
(a) the performance of the duties or exercise of the functions authorized or required to be performed by the registrar under this Act;
(b) a matter of law or fact respecting property in a manufactured home;
(c) the construction, validity or effect of an instrument;
(d) the interest of any person in a manufactured home; or
(e) the manner in which an entry or correction should be made on a register;
the registrar may state a case for the opinion of the court, and the case shall include a short statement of the facts and the registrar's reasons for referring the matter.
(2) The registrar must file the case in the court registry and make an ex parte application to the court for directions as to service of parties, the time of the hearing and any incidental matters.
(3) The court shall allow any interested parties to appear.
(4) The court, having regard to the parties appearing before it, may decide the question, or direct proceedings to be instituted for that purpose, or make any other order it considers proper.
Historical Note(s): 1977-40-44; 1990-53-12.
60. (1) The Lieutenant Governor in Council may make regulations.
(2) The Lieutenant Governor in Council may, by regulation, exempt any transaction or class of transaction from this Act or a provision of it.
Historical Note(s): 1977-40-45.
61. Sections 26 (4) and (5), 48, 51 (4) and 54 to 57 come into force by regulation of the Lieutenant Governor in Council.
Historical Note(s): 1990-11-92.
[Editorial Note(s): Section 54 effective May 15, 1992 (B.C. Reg. 186/92).]
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