bcgov / bcgov/entity

Commercial Liens Act - 3200437

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PI 26 - Discuss
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Description

> _This issue was auto-created as part of the Zenhub sub-issues migration. The original entity was opened on 2024-07-30. For more details see [this post](https://changelog.zenhub.com/migration-of-epics-projects-to-sub-issues-313645?zenhub_entity_id=Z2lkOi8vcmFwdG9yL1Byb2plY3QvODM5MTA)._

The CLA was brought into effect March 7, 2022 through Bill - 11.

The Commercial Liens Act seeks to modernize the way people create and manage liens on goods that they are repairing, storing, or transporting. The act will repeal three older laws that currently govern these practices.

Commercial Liens will replace Repairer's Liens in the Personal Property Registry, making it easier to create new liens and amend existing ones, and ensuring the liens previously governed by three separate legislations operate under a single uniform model.

Once the act is brought into force, all existing Repairer's Lien's automatically become Commercial Liens in the PPR. The CLA notes that nothing will be brought into force until all necessary changes are made to the PPR.

Two Key Changes

1) Create New Registration Type for "Commercial Liens Registration". Functionality is the same as a PPSA Security Agreement with key difference being surrender date is collected and trust indenture does not apply.
- Term in years (from 1 to 25) or infinite registration
- Only one lien per registration
- debtors, secured parties and collateral all match Security Agreement.
- Court order information and details description available on amendment
- Registration is renewable (unlike repairer's lien act does not require court order for renewal)
- Registration can be amended and discharged
- Surrender date is no longer available.
- New fee code to be created. Would repeal line four with repairers lien fee in the fee schedule, and would update the Acts referenced in line one of the variable fee for the PPSA fee schedule.

2) Transition period with active Repairers Liens once the CLA comes into force
- Repairer's Liens are continued as Commercial Liens. A repairers lien that exists on the day before the effective date of the CLA continues as a commercial lien. On the effective date of the CLA, by operation of law, with no action by the garage keeper, all repairers liens (whether registered or not) are continued as commercial liens.
- A garage keeper may extend the registration period of a continued Repairer's Lien in accordance with the commercial lien registration requirements in section 12 of the CLA.
- Repairer's lien act reference goes away. Reference CLA Section 48, CLA Section 69 sub B
- Need to leverage legal and PPR Service Provider groups to ensure the transition is well understood.
- Need to make a recommendation to Sinead regarding the transitional piece.

3) Search
- ensure ability to search. Existing Repairers Liens at the time of cut over are still valid

Roughly sizing at 4 sprints based upon recently sized Security Act Notices. Further information would be needed to have a more concrete sizing.

Contributor guide

No contributing guide indexed for this repository

Research direction

No files, tests, or entry points are named. Start by reviewing the existing PPSA Security Agreement flow, then map the Commercial Liens registration, Repairer's Lien transition, and search requirements to the relevant areas. Done means the new registration, transition handling, amendments, discharge, renewal, fees, and search behavior are implemented and verified.

Written by the indexing model from the issue text.

Assessment

Domain
backend
Issue type
Feature
Difficulty
5/5
Estimated time
Over a week
Activity status
Stale
Clarity
Mostly clear
Newbie friendliness
30/100

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