The new legislation will modernize B.C. law for liens that secure payment for repairing, storing or transporting goods so that service providers can more easily understand and use liens and their customers can protect their rights to their own property.
Currently, repair, storage and transportation liens have different rules. People who provide these services may lose their liens because of confusion around the requirements they have to follow. As well, their customers may not know when their goods can be kept or sold by the service provider. The new act provides one set of rules for all of these liens. The changes will make it easier for service providers to keep liens to secure payment and for their customers to protect their rights.
The proposed act also gives lawyers a new law that is based on well-established rules and procedures in personal property security legislation used across Canada and similar to the U.S. Commercial Code. These changes are in line with the BC Law Institute’s recommendation to enact the model Uniform Liens Act and is supported by members of the B.C. Branch of the Canadian Bar Association.