“buyer of goods” includes a person who obtains vested rights in goods under a contract to which the person is a party, as a consequence of the goods becoming a fixture or accession to property in which the person has an interest;(acheteur d’objets)
“ordinary course of business of the seller” includes the supply of goods in the ordinary course of business as part of a contract for services and materials;(cours normal des affaires du vendeur)
“seller” includes a person who supplies goods that become a fixture or accession under a contract with a buyer or under a contract with a person who is party to a contract with such a buyer.(vendeur)
30(2)A buyer or lessee of goods sold or leased in the ordinary course of business of the seller or lessor takes free of any perfected or unperfected security interest given by the seller or lessor or arising under section 28 or 29, whether or not the buyer or lessee knows of it, unless the buyer or lessee also knows that the sale or lease constitutes a breach of the security agreement under which the security interest was created.
30(3)A buyer or lessee of goods that are acquired as consumer goods takes free of a perfected or unperfected security interest in the goods if the buyer or lessee
(a)
gave value for the interest acquired, and
(b)
bought or leased the goods without knowledge of the security interest.
30(4)Subsection (3) does not apply to a security interest in
(a)
a fixture, or
(b)
goods if the purchase price of the goods exceeds one thousand dollars or if the market value of the goods, in the case of a lease, exceeds one thousand dollars.
30(5)A buyer or lessee of goods who buys or leases the goods during any of the fifteen day periods referred to in subsection 26(1) or (2), 28(4), 29(4) or section 51 takes free of the security referred to in those provisions, if the buyer or lessee
(a)
gave value for the interest acquired, and
(b)
bought or leased the goods without knowledge of the security interest and
(i)
in a case within subsection 26(1) or (2), 28(4) or 29(4), before the security interest was perfected by possession under section 24 or by registration under section 25, or
(ii)
in a case within section 51, before the registration of the security interest was amended in accordance with that section or the secured party took possession of the collateral.
30(6)A buyer or lessee of goods takes free of a security interest in the goods perfected by registration under section 25 if
(a)
the buyer or lessee bought or leased the goods without knowledge of the security interest, and
(b)
in the registration relating to the security interest, the goods were not described by serial number entered into the field labelled for the receipt of serial numbers.
30(7)Subsection (6) applies only to goods that are equipment and that are of a kind that are prescribed as serial numbered goods.
30(8)A sale or lease under subsection (2), (3), (5) or (6) may be
(a)
for cash,
(b)
by exchange for other property, or
(c)
on credit,
and includes the delivery of goods or a document of title under a pre-existing contract for sale but does not include a transfer as security for, or in total or partial satisfaction of, a money debt or past liability.
“buyer of goods” includes a person who obtains vested rights in goods under a contract to which the person is a party, as a consequence of the goods becoming a fixture or accession to property in which the person has an interest;
“ordinary course of business of the seller” includes the supply of goods in the ordinary course of business as part of a contract for services and materials;
“seller” includes a person who supplies goods that become a fixture or accession under a contract with a buyer or under a contract with a person who is party to a contract with such a buyer.
30(2)A buyer or lessee of goods sold or leased in the ordinary course of business of the seller or lessor takes free of any perfected or unperfected security interest given by the seller or lessor or arising under section 28 or 29, whether or not the buyer or lessee knows of it, unless the buyer or lessee also knows that the sale or lease constitutes a breach of the security agreement under which the security interest was created.
30(3)A buyer or lessee of goods that are acquired as consumer goods takes free of a perfected or unperfected security interest in the goods if the buyer or lessee
(a)
gave value for the interest acquired, and
(b)
bought or leased the goods without knowledge of the security interest.
30(4)Subsection (3) does not apply to a security interest in
(a)
a fixture, or
(b)
goods if the purchase price of the goods exceeds one thousand dollars or if the market value of the goods, in the case of a lease, exceeds one thousand dollars.
30(5)A buyer or lessee of goods who buys or leases the goods during any of the fifteen day periods referred to in subsection 26(1) or (2), 28(4), 29(4) or section 51 takes free of the security referred to in those provisions, if the buyer or lessee
(a)
gave value for the interest acquired, and
(b)
bought or leased the goods without knowledge of the security interest and
(i)
in a case within subsection 26(1) or (2), 28(4) or 29(4), before the security interest was perfected by possession under section 24 or by registration under section 25, or
(ii)
in a case within section 51, before the registration of the security interest was amended in accordance with that section or the secured party took possession of the collateral.
30(6)A buyer or lessee of goods takes free of a security interest in the goods perfected by registration under section 25 if
(a)
the buyer or lessee bought or leased the goods without knowledge of the security interest, and
(b)
in the registration relating to the security interest, the goods were not described by serial number entered into the field labelled for the receipt of serial numbers.
30(7)Subsection (6) applies only to goods that are equipment and that are of a kind that are prescribed as serial numbered goods.
30(8)A sale or lease under subsection (2), (3), (5) or (6) may be
(a)
for cash,
(b)
by exchange for other property, or
(c)
on credit,
and includes the delivery of goods or a document of title under a pre-existing contract for sale but does not include a transfer as security for, or in total or partial satisfaction of, a money debt or past liability.