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  • 4 Except as otherwise provided in this Act, this Act does not apply to the following:
  • (a) a lien, charge or other interest given by a rule of law or by an enactment unless the enactment contains an express provision that this Act applies;
  • (b) a security agreement governed by an Act of the Parliament of Canada that deals with rights of parties to the agreement or the rights of third parties affected by a security interest created by the agreement, including but without limitation
    • (i) a mortgage under the Canada Shipping Act, and
    • (ii) any agreement governed by Part V, Division B of the Bank Act (Canada);
  • (c) the creation or transfer of an interest or claim in or under a policy of insurance except the transfer of a right to money or other value payable under a policy of insurance as indemnity or compensation for loss of or damage to collateral;
  • (c.1) a transfer of an interest or claim in or under a contract of annuity, other than a contract of annuity held by a securities intermediary for another person in a securities account;
  • (d) the creation or transfer of an interest in present or future wages, salary, pay, commission or any other compensation for labour or personal services other than fees for professional services;
  • (e) the transfer of an interest in an unearned right to payment under a contract to a transferee who is to perform the transferor’s obligations under the contract;
  • (f) the creation or transfer of an interest in land, other than an interest arising under a forest agreement, including
    • (i) a lease,
    • (ii) a petroleum and natural gas lease under the Petroleum and Natural Gas Act,
    • (iii) a lease, issued under the Coal Act, that confers the right to produce coal, or
    • (iv) any similar interest that is prescribed for the purposes of this section;
  • (g) the creation or transfer of an interest in a right to payment that arises in connection with an interest in land, including an interest in rental payments payable under a lease of land;
  • (h) a sale of accounts or chattel paper as part of a sale of a business out of which they arose unless the vendor remains in apparent control of the business after the sale;
  • (i) a transfer of accounts made solely to facilitate the collection of the accounts for the assignor;
  • (j) the creation or transfer of an interest in a right to damages in tort;
  • (k) an assignment for the general benefit of creditors made in accordance with an Act of the Parliament of Canada relating to insolvency;
  • (l) a mineral claim or a placer claim as those terms are defined in the Mineral Tenure Act.

1989-36-4; 1990-11-3; 2007-10-116, effective July 1, 2007 (B.C. Reg. 128/2007); 2011-23-2, effective September 1, 2012 (B.C. Reg. 182/2012).