Miscellaneous Consumer Protection Legal Information (11:VIII) - Revision history

LSLAP at 19:22, 13 October 2025

2025-10-13T19:22:14Z

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LSLAP at 18:36, 9 September 2025

2025-09-09T18:36:02Z

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	* The purpose of the contribution if requesting a donation.		* The purpose of the contribution if requesting a donation.

	== D. ~~Repairer’s~~ Liens ==		== D. Commercial Liens ==

	The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/~~96404_01 Repairers Lien~~ Act]'', ~~RSBC 1996~~, c ~~404 [''RLA'']~~, which codifies the common-law possessory lien, offers an extremely powerful collection tool for those who repair or do other work on chattels. With respect to any chattel, it allows the ~~repairer~~ to simply retain possession of the goods until paid and, if payment is not forthcoming, to sell the goods to recover the cost of the ~~repair~~. In addition, ~~for a limited category of chattels, the most important of which is motor vehicles~~, the ''~~RLA~~''~~, if followed precisely,~~ allows the ~~repairer~~ to maintain and enforce a lien on a ~~vehicle,~~ even ~~after~~ it ~~has been returned to the owner~~. This is a common consumer problem encountered by individuals whose vehicles have been seized by a bailiff following a dispute over the amount of a repair bill. The most important requirement for a valid repairer’s lien is that the repairer, after doing the work but before releasing possession of the vehicle, must get the owner to sign an acknowledgement of indebtedness (often included as part of the repair invoice). The repairer then has '''21 days''' to file a lien in the Personal Property Registry and, if everything has been done properly, the lien remains valid for a period of six months and can be renewed for an additional six months. At any time while the lien is subsisting, the garage keeper or repairer can have the vehicle seized by a bailiff.		The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/22009 Commercial Liens Act]'', SBC 2022, c 9, which codifies the common-law possessory lien, offers an extremely powerful collection tool for those who repair, store, or do other work on chattels. It replaced various specific lien acts, such as the ''Repairers Lien Act'' and ''Warehouse Lien Act'', on June 30th, 2025. With respect to any chattel, it allows the service provider to simply retain possession of the goods until paid and, if payment is not forthcoming, to sell the goods to recover the cost of the service. In addition, if followed precisely, the ''Commercial Liens Act'' allows the service provider to maintain and enforce a lien on a chattel even if they do not have possession of it. This is a common consumer problem encountered by individuals whose vehicles have been seized by a bailiff following a dispute over the amount of a repair bill.

	~~Another common consumer complaint with respect to repairer’s~~ lien ~~seizures is~~ the ~~amount~~ of the ~~bailiff’s fee~~. ~~Bailiffs frequently try~~ to ~~demand excessive seizure fees~~. ~~A schedule to the~~ ''~~RLA~~'' ~~limits certain bailiff fees. See ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/424_81 Fees Regulation]~~'', ~~BC Reg 424/81. Complaints about excessive fees charged by bailiffs~~ can be ~~referred to~~ the ~~Director of Debt Collection~~, ~~Ministry of Attorney General~~.		The most important requirement for a valid commercial lien in the absence of possession by the lienholder is that the lienholder must (per s.7) get the owner to sign either a written authorization for the services or a written acknowledgement of indebtedness. This is often included as part of a repair invoice. The lienholder then has '''15 days''' to file the lien in the Personal Property Registry and, if everything has been done properly, the lien remains valid for a period of six months and can be renewed for an additional six months. At any time while the lien is subsisting, the service provider can have the chattel seized by a bailiff.

	== E~~. Liens for Storage ==~~		== E. Towed Vehicles ==

	The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96480_01 Warehouse Lien Act]'', RSBC 1996, c 480 gives a statutory lien and power of sale to those who are in the business of storing goods.

	~~== F~~. Towed Vehicles ==

	Under s 188(4) of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00 Motor Vehicle Act]'', RSBC 1996, c 318, where an illegally parked vehicle has been towed away, the owner of the vehicle must pay all costs and charges for the removal, care, and storage of the motor vehicle. These costs and charges represent a lien in favour of the keeper of the place where the vehicle is being kept.		Under s 188(4) of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00 Motor Vehicle Act]'', RSBC 1996, c 318, where an illegally parked vehicle has been towed away, the owner of the vehicle must pay all costs and charges for the removal, care, and storage of the motor vehicle. These costs and charges represent a lien in favour of the keeper of the place where the vehicle is being kept.

	== G. Electronic Transactions Act ==		== F. Electronic Transactions Act ==

	The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/01010_01 Electronic Transaction Act]'', SBC 2001, c 10 [''ETA''] prevents parties from challenging contracts solely on the grounds that they are entered into electronically. The ''ETA'' removes legal uncertainty concerning the enforceability of contracts entered into electronically and is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Act provides an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and:		The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/01010_01 Electronic Transaction Act]'', SBC 2001, c 10 [''ETA''] prevents parties from challenging contracts solely on the grounds that they are entered into electronically. The ''ETA'' removes legal uncertainty concerning the enforceability of contracts entered into electronically and is primarily designed to facilitate commercial relations using the Internet. However, s 17 of the Act provides an element of consumer protection. It provides that an electronic record created by an individual is not enforceable where the individual made a material error in the record and:
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	# The individual has not used or received any material benefit or value from the consideration.		# The individual has not used or received any material benefit or value from the consideration.

	== H. Civil Resolution Tribunal ==		== G. Civil Resolution Tribunal ==

	British Columbia's new ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'', SBC 2012, c 25 [''CRTA''], establishes a new dispute resolution body, the Civil Resolution Tribunal [CRT]. The Tribunal provides a new online venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort.		British Columbia's new ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'', SBC 2012, c 25 [''CRTA''], establishes a new dispute resolution body, the Civil Resolution Tribunal [CRT]. The Tribunal provides a new online venue for the resolution of small claims matters. It encourages people to use a broad range of collaborative dispute resolution tools to resolve their disputes as early as possible, while still preserving adjudication as a last resort.
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	* Recovery of personal property;		* Recovery of personal property;
	* Specific performance of an agreement relating to personal property or services; or		* Specific performance of an agreement relating to personal property or services; or
	* Relief from opposing claims to personal property.		* Relief from opposing claims to personal property
			* including, as of March 31st, 2025, claims under the ''Business Practices and Consumer Protection Act''.

	Claims related to motor vehicle accidents up to $50,000 (which is referred to as the “tribunal limit amount” under s 133 of the ''CRTA'', the amount of which is set under s 7 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/233_2018 Accident Claims Regulation]'', BC Reg 233/2018), such as:		Claims related to motor vehicle accidents up to $50,000 (which is referred to as the “tribunal limit amount” under s 133 of the ''CRTA'', the amount of which is set under s 7 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/233_2018 Accident Claims Regulation]'', BC Reg 233/2018), such as:
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	For more information on the Civil Resolution Tribunal and the Small Claims Court, see [[Introduction to Small Claims (20:I)\|Chapter 20: Small Claims]].		For more information on the Civil Resolution Tribunal and the Small Claims Court, see [[Introduction to Small Claims (20:I)\|Chapter 20: Small Claims]].

	== I. Air Passenger Protection Regulations ==		== H. Air Passenger Protection Regulations ==

			Passengers on aircraft recently received an additional set of legal protections in the cases of delayed flights, denied boarding, children under 14 travelling with or without family, and musical instrument transportation. The ''[https://laws.justice.gc.ca/eng/regulations/SOR-2019-150/page-1.html Air Passenger Protection Regulations]'', SOR/2019-150 [APPR] under the ''[https://laws-lois.justice.gc.ca/eng/Acts/C-10.4/index.html Canada Transportation Act]'', SC 1996, c 10 went into effect with some protections entering into force on July 15th, 2019 and fully entering force on December 15th, 2019. Despite a challenge by airlines, the Regulations were upheld in ''[https://canlii.ca/t/k74q4 International Air Transport Association v Canada (Transportation Agency)]'', 2024 SCC 30.

	Passengers on aircraft recently received an additional set of legal protections in the cases of delayed flights, denied boarding, children under 14 travelling with or without family, and musical instrument transportation. The ''[https://laws.justice.gc.ca/eng/regulations/SOR-2019-150/page-1.html Air Passenger Protection Regulations]'', SOR/2019-150 [APPR] under the ''[https://laws-lois.justice.gc.ca/eng/Acts/C-10.4/index.html Canada Transportation Act]'', SC 1996, c 10 went into effect with some protections entering into force on July 15th, 2019 and fully entering force on December 15th, 2019. There are ~~also~~ differences in the requirements for a large carrier (defined as carrying over 2 million people worldwide per year for the past 2 years) and a small carrier. The information below applies to '''large carriers''', and small carriers have similar but slightly different obligations. Please see the ''APPR'' itself for more information.		There are differences in the requirements for a large carrier (defined as carrying over 2 million people worldwide per year for the past 2 years) and a small carrier. The information below applies to '''large carriers''', and small carriers have similar but slightly different obligations. Please see the ''APPR'' itself for more information.

	=== 1. Communication with Passengers ===		=== 1. Communication with Passengers ===
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	Carriers must accept musical instruments as checked or carry-on baggage unless the specific instrument is too heavy, too large, or too unsafe according to the general terms and conditions of the carrier.		Carriers must accept musical instruments as checked or carry-on baggage unless the specific instrument is too heavy, too large, or too unsafe according to the general terms and conditions of the carrier.

	== J. Cheque Cashing Fees for Government-Issued Cheques ==		== I. Cheque Cashing Fees for Government-Issued Cheques ==

	The ''BCPCA'' sets out a restriction on the amount allowed to be charged to a person in fees for cashing a government-issued cheque, such as a cheque issued under the ''Employment and Assistance Act'' for income assistance (s 112.13). Specifically, under the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/127_2018 Government Cheque Cashing Fees Regulation']], BC Reg 127/2018 [''GCCFR''], a person may not charge a cheque cashing fee of more than $2 plus 1% of the value of the cheque up to a maximum of $10 total (''GCCFR'', s 3).		The ''BCPCA'' sets out a restriction on the amount allowed to be charged to a person in fees for cashing a government-issued cheque, such as a cheque issued under the ''Employment and Assistance Act'' for income assistance (s 112.13). Specifically, under the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/127_2018 Government Cheque Cashing Fees Regulation']], BC Reg 127/2018 [''GCCFR''], a person may not charge a cheque cashing fee of more than $2 plus 1% of the value of the cheque up to a maximum of $10 total (''GCCFR'', s 3).

	== K. Consumers and Services Handling Human Remains ==		== J. Consumers and Services Handling Human Remains ==

	The ''BPCPA'' makes exceptions for contracts that can be considered funeral contracts, interment right contracts, and preneed cemetery or funeral services contracts (as defined in s 17). Part 4, Division 3 of this Act (ss 29 – 45) outlines contractual requirements and consumer protections for interactions between consumers and suppliers involved in the provision of these types of services.		The ''BPCPA'' makes exceptions for contracts that can be considered funeral contracts, interment right contracts, and preneed cemetery or funeral services contracts (as defined in s 17). Part 4, Division 3 of this Act (ss 29 – 45) outlines contractual requirements and consumer protections for interactions between consumers and suppliers involved in the provision of these types of services.
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	Furthermore, the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04035_01 Cremation, Interment and Funeral Services Act]'', SBC 2004, c 35 [''CIFSA''] governs much of the activity surrounding the handling of human remains, including the disposition, exhumation, removal, transportation, and storage of these remains. This legislation also dictates contractual requirements for contractual interactions between consumers and services including crematoria, funeral providers, and cemeteries, as well as containing stipulations for other types of interactions between consumers and these services.		Furthermore, the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04035_01 Cremation, Interment and Funeral Services Act]'', SBC 2004, c 35 [''CIFSA''] governs much of the activity surrounding the handling of human remains, including the disposition, exhumation, removal, transportation, and storage of these remains. This legislation also dictates contractual requirements for contractual interactions between consumers and services including crematoria, funeral providers, and cemeteries, as well as containing stipulations for other types of interactions between consumers and these services.

	== L. Ticket Sales ==		== K. Ticket Sales ==

	The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19013 Ticket Sales Act]'', SBC 2019, c 13 [''TSA''], has come into force to regulate the conduct and practices of primary and secondary ticket sellers.		The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19013 Ticket Sales Act]'', SBC 2019, c 13 [''TSA''], has come into force to regulate the conduct and practices of primary and secondary ticket sellers.

LSLAP: /* 2. Legislation Regulating Debt Collection */

2025-09-09T18:31:39Z

2. Legislation Regulating Debt Collection

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	* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'', SBC 2004, c 2		* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'', SBC 2004, c 2
	* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96078_01 Court Order Enforcement Act]'', RSBC 1996, c 78		* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96078_01 Court Order Enforcement Act]'', RSBC 1996, c 78
	* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/~~96404_01 Repairers Lien~~ Act]'', ~~RSBC 1996~~, c ~~404~~		* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/22009 Commercial Liens Act]'', SBC 2022, c 9
	* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96430_01 Small Claims Act]'', RSBC 1996, c 430		* ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96430_01 Small Claims Act]'', RSBC 1996, c 430
	* ''[https://laws-lois.justice.gc.ca/eng/acts/b-3/index.html Bankruptcy and Insolvency Act]'', RSC 1985, c B-3		* ''[https://laws-lois.justice.gc.ca/eng/acts/b-3/index.html Bankruptcy and Insolvency Act]'', RSC 1985, c B-3

LSLAP at 02:59, 2 September 2024

2024-09-02T02:59:47Z

Show changes

Clicklaw Editor at 20:30, 29 August 2023

2023-08-29T20:30:01Z

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LSLAP at 19:44, 24 August 2023

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Clicklaw Editor: /* 4. Priority Seating for Children under 14 */

2022-10-04T21:20:54Z

4. Priority Seating for Children under 14

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	By December 15th, 2019, the carrier must facilitate the assignment of a seat to a child who is under the age of 14 years by offering, at no additional charge,		By December 15th, 2019, the carrier must facilitate the assignment of a seat to a child who is under the age of 14 years by offering, at no additional charge,

	* (a) In the case of a child who is four years of age or younger, a seat that is adjacent to their parent, guardian or tutor’s seat;		:(a) In the case of a child who is four years of age or younger, a seat that is adjacent to their parent, guardian or tutor’s seat;
	* (b) In the case of a child who is 5 to 11 years of age, a seat that is in the same row as their parent, guardian or tutor’s seat, and that is separated from that parent, guardian or tutor’s seat by no more than one seat; and		:(b) In the case of a child who is 5 to 11 years of age, a seat that is in the same row as their parent, guardian or tutor’s seat, and that is separated from that parent, guardian or tutor’s seat by no more than one seat; and
	* (c) In the case of a child who is 12 or 13 years of age, a seat that is in a row that is separated from the row of their parent, guardian or tutor’s seat by no more than one row (s 22).		:(c) In the case of a child who is 12 or 13 years of age, a seat that is in a row that is separated from the row of their parent, guardian or tutor’s seat by no more than one row (s 22).

	The carrier must compensate the passenger for the difference in ticket cost if the seat assigned to the child is of a lower class, and may ask for additional payment equal to the difference in ticket price if the passenger chooses a seat that is higher class than the ticket (s 22(3)).		The carrier must compensate the passenger for the difference in ticket cost if the seat assigned to the child is of a lower class, and may ask for additional payment equal to the difference in ticket price if the passenger chooses a seat that is higher class than the ticket (s 22(3)).

Clicklaw Editor: /* b) Denial of Boarding, Priority Rules */

2022-10-04T21:20:10Z

b) Denial of Boarding, Priority Rules

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	# The carrier must not deny boarding to a passenger that is already on the aircraft, unless it is required for safety reasons; and		# The carrier must not deny boarding to a passenger that is already on the aircraft, unless it is required for safety reasons; and
	# If any passenger(s) must be denied boarding, the carrier must start by denying boarding to passengers that fall into the lowest category on this list that contains passengers who are still entitled to board the plane:		# If any passenger(s) must be denied boarding, the carrier must start by denying boarding to passengers that fall into the lowest category on this list that contains passengers who are still entitled to board the plane:
	:(a) An unaccompanied minor;		::(a) An unaccompanied minor;
	:(b) A person with a disability and their support person, service animal, or emotional support animal, if any;		::(b) A person with a disability and their support person, service animal, or emotional support animal, if any;
	:(c) A passenger who is travelling with family members;		::(c) A passenger who is travelling with family members;
	:(d) A passenger who was previously denied boarding on the same ticket; and		::(d) A passenger who was previously denied boarding on the same ticket; and
	:(e) All other passengers		::(e) All other passengers

	==== c) Delay on the Tarmac ====		==== c) Delay on the Tarmac ====

Clicklaw Editor: /* b) Denial of Boarding, Priority Rules */

2022-10-04T21:19:50Z

b) Denial of Boarding, Priority Rules

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	# The carrier must not deny boarding to a passenger that is already on the aircraft, unless it is required for safety reasons; and		# The carrier must not deny boarding to a passenger that is already on the aircraft, unless it is required for safety reasons; and
	# If any passenger(s) must be denied boarding, the carrier must start by denying boarding to passengers that fall into the lowest category on this list that contains passengers who are still entitled to board the plane:		# If any passenger(s) must be denied boarding, the carrier must start by denying boarding to passengers that fall into the lowest category on this list that contains passengers who are still entitled to board the plane:
	## An unaccompanied minor;		:(a) An unaccompanied minor;
	## A person with a disability and their support person, service animal, or emotional support animal, if any;		:(b) A person with a disability and their support person, service animal, or emotional support animal, if any;
	## A passenger who is travelling with family members; ~~and~~		:(c) A passenger who is travelling with family members;
	## A passenger who was previously denied boarding on the same ticket.		:(d) A passenger who was previously denied boarding on the same ticket; and
	## All other passengers		:(e) All other passengers

	==== c) Delay on the Tarmac ====		==== c) Delay on the Tarmac ====

Clicklaw Editor: /* 2. Delays, Cancellations, and Denial of Boarding */

2022-10-04T21:17:47Z

2. Delays, Cancellations, and Denial of Boarding

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	*$1,000 if more than 9 hours of delay		*$1,000 if more than 9 hours of delay
	\|-		\|-
	\| '''Standard of Treatment for denial of boarding''' \|\| No standard of treatment required by the regulations \|\| ~~before~~ a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge:		\| '''Standard of Treatment for denial of boarding''' \|\| No standard of treatment required by the regulations \|\| Before a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge:
	#food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and		#food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and
	#access to a means of communication.		#access to a means of communication.
	If a benefit is offered in exchange for a passenger giving up their seat, the carrier must provide the passenger a written confirmation before the flight departs		If a benefit is offered in exchange for a passenger giving up their seat, the carrier must provide the passenger a written confirmation before the flight departs
	\| ~~before~~ a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge:		\| Before a passenger boards the flight reserved as part of an alternate travel arrangement, provide them with the following treatment free of charge:
	#food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and		#food and drink in reasonable quantities, taking into account the length of the wait, the time of day and the location of the passenger; and
	#access to a means of communication.		#access to a means of communication.