1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the
3rd day of May, 1994
Ian D. Izard, Law Clerk.
HONOURABLE ELIZABETH CULL
MINISTER OF FINANCE AND
CORPORATE RELATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Manufactured Home Act, R.S.B.C. 1979, c. 281, is amended by repealing the definition of "register" and substituting the following:
"register", when used as a noun, means the records maintained by the manufactured home registry established under section 20 of this Act; .
2 Section 20 is repealed and the following substituted:
20 (1) The minister shall establish a registration system and a manufactured home registry for the purposes of this Act.
(2) The business of the manufactured home registry shall be conducted by a registrar and other employees, all appointed under the Public Service Act.
3 Section 21 is repealed and the following substituted:
21 (1) The registrar may delegate, in writing, a function of the registrar to an employee in the public service.
(2) With the prior approval of the Lieutenant Governor in Council the registrar, in writing, may
(a) delegate the registrar's authority to a person who is not an employee in the public service, and
(b) make the delegation subject to conditions.
4 Section 23 is repealed and the following substituted:
23 (1) Agents and employees of the government are not liable in their personal or official capacities for loss or damage suffered by a person by reason of anything done or omitted to be done in the exercise or purported exercise of a power or duty under this Act or regulations unless the person who brings the action proves that the agent or employee was not acting in good faith.
(2) Subsection (1) does not absolve the government from vicarious liability arising out of an act or omission of an agent or employee of the government if the government would be liable for the act or omission if this section were not in force.
23.1 (1) The government is not liable either directly or vicariously for loss or damage suffered by a person because of verbal advice given by an agent or employee of the government respecting this Act or regulations or the operation of the registry unless the person who brings the action proves that the agent or employee was not acting in good faith.
(2) If an action is brought against the government for the recovery of loss or damage that results from the failure of the registrar to register an application or other document submitted for registration, it is a defence to the action that the failure to register was because
(a) the applicant did not pay the registration fee, or
(b) the registrar's refusal is authorized by this Act or regulations.
(3) Nothing in this section limits any defences that would be available to the government in the absence of this section.
23.2 (1) No action for damages may be brought against the government unless it is commenced not later than one year after the person entitled to bring the action becomes aware of the loss or damage.
(2) No action may be brought against the government to recover loss or damage caused by
(a) reliance on a search result in paper form that purports to be issued by the registrar,
(b) failure of the registrar to register an application or other document submitted for registration, or
(c) an error of the registrar in converting paper files to electronic files, after the first to occur of
(d) the limitation period referred to in subsection (1), or
(e) the expiry of 6 years from
(i) the date the search result was issued in paper form, if the loss or damage was caused by reliance on that search result,
(ii) the date the application or other document was submitted for registration, if the loss or damage was caused by failure of the registrar to register the application or other document, or
(iii) the date the paper file was converted, if the loss or damage was caused by an error of the registrar in converting the file.
5 Section 24 is repealed and the following substituted:
24 (1) A person may, on payment of the prescribed fee, make one or more of the following search requests:
(a) a search according to the name of a person;
(b) a search according to the serial number of a manufactured home;
(c) a search according to the registration number of a manufactured home.
(2) In response to a search request the registrar shall provide a search result in accordance with the regulations.
(3) On payment of the prescribed fee the registrar shall furnish a copy or a certified copy of a document that is in paper form in the register.
(4) Without proof of the signature, seal or official position of the registrar,
(a) a search result in paper form that purports to be issued by the registrar is admissible in evidence as evidence of its contents, and
(b) a certified copy referred to in this section is admissible in evidence as a true copy of the original document.
(5) The signature of the registrar on
(a) a search result in paper form, or
(b) a certified copy referred to in this section may be reproduced by any means, whether graphic, electronic, digital, mechanical or otherwise.
6 Section 25 (1) is amended by striking out "office".
7 Section 25.1 is amended
(a) in subsection (2) (b) by striking out "office", and
(b) by adding the following subsection:
(3) For greater certainty, "serial number" in subsection (2) (a) (ii) is the serial number that is required under the Personal Property Security Act and regulations to register the financing statement in the personal property registry.
8 Section 26 is amended
(a) by repealing subsection (1) and substituting the following:
(1) All instruments required to be registered under this Act shall be submitted for registration to the manufactured home registry with the prescribed registration fee. , and
(b) by repealing subsections (4) and (5) enacted by section 28 of the Miscellaneous Statutes Amendment Act, 1979, S.B.C. 1979, c. 22, and substituting the following:
(4) Where a document is registered in the registry, the registrar may have the document
(a) photographed or otherwise reproduced, or
(b) stored in electronic or digital form or by any other means.
(5) The photograph, reproduction or stored document is for all purposes deemed to be the document photographed, reproduced or stored.
9 Section 37 is amended by adding the following subsections:
(2.1) If an error or omission is made in transcribing into the computer data base of the registry, information contained in a record filed in paper form with the registrar, the registrar may correct the error or omission without prejudice to rights conferred for value.
(3.1) A correction made by the registrar under this section shall
(a) be initialed and dated by the registrar, if the correction is made to a record in paper form, or
(b) in any other case, be shown on the register as a correction and be dated by the registrar.
10 The following sections are added:
37.1 (1) If the registrar changes the registered location of a manufactured home under section 37 (1), the registrar may
(a) send a notice of the change to
(i) the collector having taxing authority over the manufactured home at the registered location before the change, and
(ii) a secured party revealed by a search of the personal property registry using the manufactured home registration number, and
(b) send a written notice to the registered owner requiring the registered owner to
(i) pay a prescribed fee and complete any prescribed form necessary to process the change in registered location, or
(ii) satisfy the registrar that the change in location was made
(A) in compliance with the Act and regulations, or
(B) by someone other than the present registered owner.
(2) If within 60 days of the registrar mailing a notice in writing to the registered owner under subsection (1) the registrar has not received the prescribed fee and form, if any, or been satisfied that the change in location was made in compliance with the Act and regulations, or by someone other than the registered owner, the registrar may
(a) decline to register an instrument purporting to transfer property in the manufactured home, and
(b) decline to issue a transport permit.
37.2 The legal effect of an entry in the register is not affected by reason only that the registrar has received information indicating that there is an error or omission in the register.
37.3 (1) If the registrar is required to produce a record and is unable to do so because it has been lost, mislaid or destroyed, the registrar shall give to the court or person making the requisition a signed document to that effect.
(2) The registrar may produce, instead of the record, whatever evidence relating to the record is available in the registry.
(3) Evidence produced under subsection (2) is compliance with the requisition.
11 Section 39 (2) and (4) is amended by striking out "certificate" and substituting "search result".
12 Section 41 is amended
(a) by repealing subsection (2) (e) and substituting the following:
(e) on being satisfied that a certificate or confirmation in electronic format has been issued under section 50 (1); and ,
(b) in subsection (2) by striking out "to the applicant", and
(c) in subsection (3) by striking out "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." and substituting "so long as the registrar is satisfied that the collector having taxing authority over the manufactured home has consented to the issue of the transport permit."
13 Section 46 (4) (c) is amended by striking out "office".
14 Section 49 is amended
(a) in subsection (1) by striking out "the taxing authority shall be admitted into the manufactured home registry office." and substituting "the taxing authority shall have access to the register.", and
(b) in subsection (2) by striking out "office" after "registry" and by striking out "compensation to the office" and substituting "compensation to the government".
15 Section 50 is repealed and the following substituted:
50 (1) Unless the regulations provide otherwise, the registrar shall not issue a transport permit under section 41 unless satisfied that
(a) the collector having taxing authority over the manufactured home has issued a certificate certifying, or has confirmed in electronic format, that
(i) no taxes on the manufactured home are in arrears or delinquent, and
(ii) no taxes for the current year, that were imposed or are deemed to have been imposed, are unpaid, or
(b) the requirements of section 51 (1) have been met.
(2) On request, a collector shall provide the certificate or confirmation in electronic format if
(a) no taxes on the manufactured home are in arrears or delinquent and no taxes for the current year that were imposed or are deemed to have been imposed, are unpaid, or
(b) the requirements of section 51 (1) have been met.
(3) The certificate or confirmation shall be provided free and shall contain the tax folio number and the date to which the taxes have been paid.
16 Section 51 is amended
(a) in subsection (1) by adding "or confirmation in electronic format" after "to issue a certificate" and by adding "or confirmation" after "shall issue a certificate", and
(b) in subsection (2) by adding "or confirmation in electronic format" after "to issue a certificate" and by adding "or confirmation" before "until all taxes".
17 The following section is added:
59.1 (1) The registrar may convert existing records in the registry into another form in order to facilitate computerization of the records.
(2) On conversion, the substituted form shall, for all purposes, be accepted and received as the original record.
18 Section 60 (1) is repealed and following substituted:
(1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.
(1.1) In addition, the Lieutenant Governor in Council may make regulations respecting the following:
(a) the computerization of the manufactured home registry and registration system;
(b) the retention and disposition of registry records;
(c) the registrar's authority to enter into agreements for access to the data base of the registry;
(d) searches of the registry, including
(i) search requests, and
(ii) search results;
(e) the form of the register and the manner in which it is kept;
(f) the form, content and use of any record or class of records that is required or permitted to be registered, filed or given under this Act;
(g) the use of statements to verify registrations;
(h) any matter required or authorized by this Act to be prescribed.
(1.2) Under subsection (1.1) the Lieutenant Governor in Council may make different regulations for computerized and non-computerized information, records, and transactions.
19 Section 1 of the Miscellaneous Registrations Act, 1992, S.B.C. 1992, c. 16, is amended by repealing the definition of "holder" and substituting the following:
"holder" means
(a) a person identified on a financing statement as having a claim, or
(b) a person who has issued a notice or order defined as a claim by a regulation made under this Act;
20 Section 2 is amended by striking out "against" and substituting "respecting".
21 This Act comes into force by regulation of the Lieutenant Governor in Council.
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