Definitions

1   In this Act:

"logs or timber products" means logs, piles, poles, bolts, cordwood and other similar products of the forest;

"owner", in respect of a tugboat, includes the charterer, lessee or other operator of the tugboat;

"towage" means the transporting of logs or timber products from one place to another within British Columbia by towing the logs or timber products through the water by a tugboat, whether towed in booms, rafts or cribs, or on board scows, barges or vessels;

"tugboat" includes any vessel propelled by steam, combustive, electrical or other similar motive power, whether used exclusively in towage or not.

Towage on board vessel going to or coming from a foreign place

2   This Act does not apply to the towage of logs or timber products on board any vessel which, at the time of the towage, is either beginning or ending a voyage to or from a place outside British Columbia.

Liens and rights not affected

3   Nothing in this Act affects any of the following:

(a) any lien created under the Woodworker Lien Act or under any statute of Canada respecting navigation and shipping;

(a.1) any lien or charge created under the Forestry Service Providers Protection Act;

(b) any rights existing under the Bank Act (Canada);

(c) any lien or rights that the owner of a tugboat may have in respect of towage under the common law.

Lien for towage

4   (1) Except as otherwise provided in this Act, an owner of a tugboat who performs towage for any person has a lien on the logs or timber products towed for the amount of money payable for the towage.

(2) A lien under subsection (1) is a first lien and has precedence over all other liens, claims, charges or encumbrances on them, whether registered or unregistered, other than debts or liens in favour of the Crown and prior liens existing under this Act.

Lapse of lien in default of filing affidavit

5   (1) A lien ceases to exist at the end of the period of 30 days after the last day on which the towage was performed, unless within that period an affidavit in accordance with subsection (2) is filed in the proper office established by the Schedule.

(2) For the purposes of subsection (1), the owner of the tugboat must file or cause to be filed an affidavit of the owner, or of some person having a personal knowledge of the facts deposed to, setting out all of the following:

(a) the name and address of the owner claiming the lien, and the name of the tugboat by which the towage was performed;

(b) the name and address of the person who contracted with the owner for the towage of the logs or timber products towed;

(c) a description of the logs or timber products towed, including the registered timber marks or other marks of identification on them, if any;

(d) the names or other descriptions of the places from and to which the towage was performed;

(e) the last day on which the towage was performed;

(f) the amount of money claimed for the towage.

(3) The affidavit filed under this section must be accompanied by the fee prescribed by the Lieutenant Governor in Council.

Lien if towage performed in stages

6   (1) If the towage in respect of which a lien is claimed under this Act was performed by the same owner under the same contract of towage, the lien is enforceable even though the towage was performed by the owner in stages, at intervals, by more than one tugboat, or by different tugboats at different times.

(2) The affidavit filed in respect of the lien under section 5 must include full particulars of all stages, intervals and tugboats.

Enforcement of lien by action

7   (1) If an affidavit in respect of the lien has been filed under section 5, the person entitled to the lien may enforce it by action in the Supreme Court within the territorial limits of which the towage terminated.

(2) The Supreme Court has jurisdiction to hear and determine the action, and to make orders, either before or after judgment, for the custody and sale of the logs or timber products towed for the enforcement and realizing of the lien, and generally for carrying out the intent and purpose of this Act as the court thinks proper.

(3) Unless action to enforce the lien is brought within the period of 30 days after the filing of the affidavit under section 5, the lien ceases to exist at the end of that period.

(4) If before the end of the period referred to in subsection (3) a consent in writing, signed by the owner of the logs or timber products subject to the lien, consenting to an extension of the lien for a period named in the consent, not longer than 60 days after the filing of the affidavit, is filed in the office in which the affidavit was filed, the existence of the lien and the time for bringing action for its enforcement is extended accordingly.

(5) In an action brought to enforce a lien it is a sufficient compliance with this section in respect of the party defendant to the action if the person who contracted with the owner of the tugboat for the towage of the logs or timber products is named as the defendant.

Summary hearing to enforce lien

8   An action brought to enforce a lien under this Act may be disposed of summarily by a judge of the Supreme Court in Chambers without waiting for the regular sittings of the court, on terms as to notice and otherwise the judge may direct.