Repair and Storage Liens Act, R.S.O. 1990, c. R.25

• Jurisdiction: Ontario

Repair and Storage Liens Act

R.S.O. 1990, Chapter R.25

Consolidation Period: From January 1, 2024 to the e-Laws currency date.

Last amendment: 2023, c. 23, Sched. 1, s. 117.

CONTENTS

Definitions and interpretation

1 (1) In this Act,

“article” means an item of tangible personal property other than a fixture; (“article”)

“lien claimant” means a person who is entitled to claim a lien for the repair, storage or storage and repair of an article; (“créancier privilégié”)

“motor vehicle” means a motor vehicle as defined in the regulations made under the Personal Property Security Act; (“véhicule automobile”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“registrar” and “branch registrar” mean, respectively, the registrar and a branch registrar under the Personal Property Security Act; (“registrateur”, “registrateur régional”)

“regulations” means the regulations made under this Act; (“règlements”)

“repair” means an expenditure of money on, or the application of labour, skill or materials to, an article for the purpose of altering, improving or restoring its properties or maintaining its condition and includes,

(a) the transportation of the article for purpose of making a repair,

(b) the towing of an article,

(c) the salvage of an article; (“réparation”)

“repairer” means a person who makes a repair on the understanding that the person will be paid for the repair; (“réparateur”)

“storer” means a person who receives an article for storage or storage and repair on the understanding that the person will be paid for the storage or storage and repair, as the case may be. (“entreposeur”) R.S.O. 1990, c. R.25, s. 1 (1); 2014, c. 9, Sched. 4, s. 1.

Repair, etc., by third party

(2) The following rules apply where an article is left for repair, storage or storage and repair and the article is forwarded by the person with whom the article is left to some other person for the repair, storage or storage and repair:

1. The person with whom the article was left shall be deemed to have performed the services and to be entitled to the rights of a repairer or storer against the person who left the article unless,

i. there is a written agreement between the person who left the article and the person with whom it was left that there is no lien, or

ii. the person with whom the article was left has agreed to act as agent for the person who left the article in forwarding it to an identified repairer or storer for the repair, storage or storage and repair.

2. Unless subparagraph ii of paragraph 1 applies, the person to whom the article was forwarded does not have a lien under this Act. R.S.O. 1990, c. R.25, s. 1 (2).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 52, s. 1 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022

2014, c. 9, Sched. 4, s. 1 -01/07/2016

Act binds Crown

2 This Act binds the Crown. R.S.O. 1990, c. R.25, s. 2.

PART I
POSSESSORY LIENS

Repairer’s lien

3 (1) In the absence of a written agreement to the contrary, a repairer has a lien against an article that the repairer has repaired for an amount equal to one of the following, and the repairer may retain possession of the article until the amount is paid:

1. The amount that the person who requested the repair agreed to pay.

2. Where no such amount has been agreed upon, the fair value of the repair, determined in accordance with any applicable regulations.

3. Where only part of a repair is completed, the fair value of the part completed, determined in accordance with any applicable regulations. 2014, c. 9, Sched. 4, s. 2 (1).

When lien arises

(2) A repairer’s lien arises and takes effect when the repair is commenced, except that no repairer’s lien arises if the repairer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the repairer has not done so. 2006, c. 19, Sched. G, s. 10 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (2) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 1, s. 117 (1))

When lien arises

(2) A repairer’s lien arises and takes effect when the repair is commenced, except that no repairer’s lien arises if the repairer was required to comply with the prescribed provisions of the regulations made under the Consumer Protection Act, 2023, if applicable, and the repairer has not done so. 2023, c. 23, Sched. 1, s. 117 (1).

Towing and vehicle storage services

(2.0.1) Except as otherwise provided for in the regulations, if the repair includes one or more towing services or vehicle storage services regulated under the Towing and Storage Safety and Enforcement Act, 2021, no lien arises with respect to those services if the repairer fails to comply with the prescribed provisions of that Act, if any. 2021, c. 26, Sched. 3, s. 68 (1).

Amount of lien

(2.1) In cases where Part VI of Consumer Protection Act, 2002 applies, the amount of a repairer’s lien under subsection (2) shall not exceed,

(a) the amount that the repairer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the repairer; and

(b) the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person. 2006, c. 19, Sched. G, s. 10 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (2.1) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 1, s. 117 (2))

Amount of lien

(2.1) In cases where the prescribed provisions of the regulations made under the Consumer Protection Act, 2023 apply, the amount of a repairer’s lien under subsection (2) shall be determined in accordance with the requirements prescribed for the purposes of this subsection, if any. 2023, c. 23, Sched. 1, s. 117 (2).

Amount, towing and vehicle storage

(2.2) In cases where the Towing and Storage Safety and Enforcement Act, 2021 applies, the amount of a repairer’s lien under subsection (2) with respect to towing services or vehicle storage services shall be determined in accordance with the prescribed requirements, if any. 2021, c. 26, Sched. 3, s. 68 (2).

Disposition

(3) A repairer has the right to sell an article that is subject to a lien in accordance with Part III (Redemption, Sale or Other Disposition) upon the expiration of the sixty-day period following the day,

(a) on which the amount required to pay for the repair comes due; or

(b) on which the repair is completed, if no date is stated for when the amount required to pay for the repair comes due. R.S.O. 1990, c. R.25, s. 3 (3).

Deemed possession

(4) For the purposes of this Act, a repairer who commences the repair of an article that is not in the repairer’s actual possession shall be deemed to have gained possession of the article when the repair is commenced and shall be deemed to have given up possession when the repair is completed or abandoned. R.S.O. 1990, c. R.25, s. 3 (4).

Idem

(5) A repairer who, under subsection (4), is deemed to have possession of an article may remove the article from the premises on which the repair is made. R.S.O. 1990, c. R.25, s. 3 (5).

Section Amendments with date in force (d/m/y)

2004, c. 19, s. 20 (1) - no effect - see 2006, c. 19, Sched. G, s. 6 - 22/06/2006

2006, c. 19, Sched. G, s. 10 (1) - 22/06/2006

2014, c. 9, Sched. 4, s. 2 (1) - 01/07/2016; 2014, c. 9, Sched. 4, s. 2 (2) - 01/01/2017

2021, c. 26, Sched. 3, s. 68 (1, 2) - 01/01/2024

2023, c. 23, Sched. 1, s. 117 (1, 2) - not in force

Storer’s lien

4 (1) Subject to subsection (2), a storer has a lien against an article that the storer has stored or stored and repaired for an amount equal to one of the following, and the storer may retain possession of the article until the amount is paid:

1. The amount agreed upon for the storage or storage and repair of the article.

2. Where no such amount has been agreed upon, the fair value of the storage or storage and repair, determined in accordance with any applicable regulations.

3. Where only part of a repair is completed, the fair value of the storage and the part of the repair completed, determined in accordance with any applicable regulations. 2014, c. 9, Sched. 4, s. 3 (1).

Limit on storer’s lien

(2) A storer is not entitled to a lien for a repair made to an article unless the repair is made by the storer on the understanding that the storer would be paid for the repair or unless subsection 28 (2) applies. R.S.O. 1990, c. R.25, s. 4 (2).

When lien arises

(3) A storer’s lien arises and takes effect when the storer receives possession of the article for storage or storage and repair, except that no storer’s lien arises with respect to repair if the storer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the storer has not done so. 2006, c. 19, Sched. G, s. 10 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 4 (3) of the Act is amended by striking out “comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002” and substituting “comply with the prescribed provisions of the regulations made under the Consumer Protection Act, 2023”. (See: 2023, c. 23, Sched. 1, s. 117 (3))

Towing and vehicle storage services

(3.0.1) Except as otherwise provided for in the regulations, if the storage or storage and repair includes one or more towing services or vehicle storage services regulated under the Towing and Storage Safety and Enforcement Act, 2021, no lien arises with respect to those services if the storer fails to comply with the prescribed provisions of that Act, if any. 2021, c. 26, Sched. 3, s...