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Personal Property Security Regulations
Amended by: 27/04
Personal Property Security Regulations
(Filed November 29, 1999) Under the authority of section 72 of the Personal Property Security Act , the Lieutenant-Governor in Council makes the following regulations. Dated at Gary Norris REGULATIONS
PART I
PART II
PART III
PART IV
PART V
PART VI
PART VII
PART VIII
PART IX Short title
1.
These Regulations may be cited as the Personal Property Security Regulations. Definitions
2.
In this regulations
(a)
"
Act" means the Personal Property Security Act
;
(b)
"
aircraft" means a machine capable of deriving support in the atmosphere from the reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth's surface of air expelled from the machine;
(c)
"
applicant spouse" means a spouse in whose favour an order in respect of matrimonial assets or business assets is made under the Family Law Act;
(d)
"
boat" means a vessel that is designed for transporting persons or things on water and that is propelled primarily by any power other than muscle power;
(e)
"
debtor" means where the registration is in respect of a security interest or a notice of appointment of a receiver, a debtor as defined in section 2 of the Act; (f) "enterprise" includes a partnership, corporation, association, estate of a deceased person, estate of a bankrupt, trade union, trust, syndicate or joint venture, but does not include a natural person;
(g)
"
mobile home" means a structure, whether equipped with wheels or not, that is not self-propelled and is designed
(i)
to be moved from one place to another by being towed or carried, and
(ii)
to be used as a dwelling house or premises, a business office or premises, or accommodation for any other purpose;
(h)
"
motor vehicle" means a mobile device that is propelled primarily by any power other than muscle power
(i)
in, on or by which a person or thing may be transported or drawn, and that is designed for use on a road or natural terrain, or
(ii)
that is being used in the construction or maintenance of roads, and includes a pedal bicycle with a motor attached, a combine or a tractor, but does not include a device that runs on rails or machinery designed only for use in farming, other than a combine or a tractor;
(i)
"
printed" includes typed, stamped or machine printed;
(j)
"
prior registration law" means prior registration law as defined in section 74 of the Act;
(k)
"
registrant" means the person who enters data in the registry in relation to a registration;
(l)
"
registration family" means the registration originally entered in the registry and all subsequent registrations that renew, amend, re-register or discharge that registration;
(m)
"registry of deeds" means the registry of deeds continued under the Registration of Deeds Act, 2009
;
(n)
"
respondent spouse" means a spouse against whom an order in respect of matrimonial assets or business assets is made under the Family Law Act
;
(o)
"
screen" means an electronically reproduced image that is used for the purpose of verifying data entry in the registry;
(p)
"
serial numbered goods" means a motor vehicle, trailer, mobile home, aircraft, boat or an outboard motor for a boat;
(q)
"
tractor" means a self-propelled vehicle that is designed primarily for drawing other vehicles or machines; and
(r)
"
trailer" means a device in, on or by which a person or thing may be transported or drawn that is not self-propelled and that is designed to be drawn on a road by a motor vehicle but does not include a mobile home. Access to registry
3.
(1)
A person who wishes to have access to the registry to effect a registration or make a search may
(a)
apply to the registrar at any office of the registry;
or
(b)
enter into an agreement with the registrar that
provides for access to the registry in such manner and on such terms and conditions as the registrar considers advisable.
(2)
The location of the offices of the registry shall be designated by the minister.
(3)
Each office of the registry shall be kept open on the days and for the hours that are specified by the registrar. Identification codes 4. (1) The registrar may assign a client number, a user ID and a password to a person who wishes to have access to the registry to effect a registration where (a) the person makes arrangements satisfactory to the registrar for the payment of the fees set under this regulation; and (b) the person provides proof satisfactory to the registrar of the identity of the person. (2) A person shall not have access to the registry to effect a registration unless the person has been assigned a client number, a user ID and a password by the registrar under subsection (1).
(3)
The registrar may assign a secured party number to a person who wishes to effect a registration in the registry if that person has been assigned a client number, a user ID and a password under subsection (1).
(4)
A person to whom a client number, a user ID and a password has been or will be assigned under subsection (1) shall designate an individual as that person's administrative user for all purposes relating to that person's account with the registry. Secured party number
5.
(1)
A registrant may enter the secured party number assigned by the registrar under subsection
4
(3), instead of the name and address, of the secured party, receiver or applicant spouse.
(2)
In a case within subsection (1), the name and address to which the secured party number relates shall appear on all verification statements under section
9
, notices under section
10
and search results under section
11
issued by the registry in relation to the registration.
(3)
A registrant may indicate that the registrant is the same person as, instead of entering the name and address of, the secured party, receiver or applicant spouse.
(4)
In a case within subsection (3), the name and address to which the client number assigned to the registrant under subsection
4
(1) relates shall appear on all verification statements under section
9
, notices under section
10
and search results under section
11
issued by the registry in relation to the registration. Responsibility of registrants
6.
A registrant who effects a registration in the registry shall ensure that the required information is entered in the appropriate fields on the screen. Proof of registration
7.
(1)
The registrar may permit a registration to be effected in the registry without proof that
(a)
the client number given by the registrant is the client number assigned by the registrar to the registrant under subsection
4
(1); or
(b)
the registrant has authority to effect the registration. Calculation of registration life
8.
(1)
For the purpose of calculating the period of effectiveness of a registration, where the calculation is from the day of registration or from the anniversary of the day of registration, a year runs from the beginning of that day.
(2)
For the purpose of subsection (1), if the anniversary of the day of registration falls on February 29, the anniversary date is considered to be March 1. Verification statements
9.
Where a registration is effected as required by an agreement entered into under paragraph
3
(1)(b), the secured party or applicant spouse, or person named as such in the registration, has the responsibility to have a verification statement of the registration printed for the purpose of compliance with subsection 44(11) of the Act. Notices of discharge, etc.
10.
Where a registration discharges, re-registers or amends a registration or globally changes multiple registrations, the registrar shall send a printed or electronic notice verifying the discharge, re-registration, amendment or global change to the secured party, receiver or applicant spouse. Search results
11.
(1)
A person who makes a search of the registry according to the name of the debtor shall
(a)
where the debtor is an individual, enter the name of the debtor in the manner provided under section
20
; and
(b)
where the debtor is an enterprise, enter the name of the debtor in the manner provided under section
21
.
(2)
A person who makes a search of the registry according to the name of the respondent spouse shall enter the name of the respondent spouse in the manner provided under section
20
and section
20
applies with the necessary changes.
(3)
A person who makes a search of the registry according to registration number shall enter the number of any registration that forms part of the registration family to which the search relates.
(4)
For the purpose of making a search of the registry according to the serial number of the goods to which the search relates, the serial number shall be determined in accordance with section
25
.
(5)
A person who makes a search of the registry may elect whether or not to have a search result printed.
(6)
A printed search result shall
(a)
identify the number of registrations in the registry, if any, that contain information that exactly matches the search criteria provided by the searcher and indicate which registrations were selected to be included in, or excluded from, the registrations to be printed in detail;
(b)
identify the number of registrations in the registry, if any, that contain information that closely matches the search criteria provided by the searcher and indicate which registrations were selected to be included in, or excluded from, the registrations to be printed in detail;
(c)
provide the registration history and the details of all registrations that form part of the registration family of which the registration selected for printing is a member;
(d)
where applicable, indicate that the search criteria provided by the searcher did not exactly match any information contained in a registration in the registry at the date and time of the search; and
(e)
where applicable, indicate that the search criteria provided by the searcher did not closely match any information contained in a registration in the registry at the date and time of the search. Liability limits
12.
(1)
The maximum total amount recoverable in a single action under section 53 of the Act is $200,000.
(2)
The maximum total amount recoverable for all claims in a single action under section 54 of the Act is $2,000,000. Damages
13.
(1)
For the purpose of subsection 67(3) of the Act, the debtor, or the person named as debtor, shall be considered to have suffered damages of not less than $300.
(2)
For the purpose of subsection 67(4) of the Act, the secured party shall be considered to have suffered damages of not less than $300. Application of Act
14.
Subsection
36
(7), section
43
, section
44
except subsections (5) and (6), section
45
, section
46
except subsection (6), sections
47
, 48 and 49, section
51
except subsections (2), (8) and (9), section
52
except subsection (3) and sections
53
and 55 of the Act apply, with the necessary changes, to a notice of an order in respect of matrimonial assets or business assets registered under Part V, and to their registration. PART III Application
15.
T
his Part applies to the registration in the registry of a financing statement in relation to a security interest under the Act including a prior security interest that was registered under prior registration law. Preliminary registration procedure
16.
A registrant who wishes to register a financing statement in relation to a security interest under the Act shall indicate
(a)
that the registrant wishes to have access to the registry to effect a registration;
(b)
that the registrant wishes to enter a registration; and
(c)
that the registrant wishes to register a PPSA financing statement. Duration of registration
17.
The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from 1 to 25 indicating the number of years or by selecting infinity. "Your file number"
18.
For the registrant's own purposes, the registrant may enter, under the heading "Your File Number", any file number the registrant wishes that consists of numbers or letters or both to a maximum of 12 characters. Debtor information
19.
(1)
Where the debtor is an individual, the registrant shall enter, under the heading "Debtor (Individual)", the name, in the manner provided under section
20
, and address of the debtor.
(2)
Where the debtor is an enterprise, the registrant shall enter, under the heading "Debtor (
(3)
Where the debtor is an individual, the registrant may enter the birth date of the debtor with the number of the year entered first followed by the number of the month followed by the number of the day.
(4)
Where the debtor is an enterprise, the registrant may enter the name and position of a contact person within the enterprise to whom inquiries relating to the registration may be addressed.
(5)
Where a registration applies to more than one debtor, the registrant shall identify each debtor as a separate debtor in the registration. Individual information
20.
(1)
Where the debtor is an individual, the registrant shall enter the last name followed by the first name followed by the middle name, if any, of the debtor.
(2)
Where the debtor is an individual whose name includes more than one middle name, the registrant shall enter the first of the middle names.
(3)
Where the debtor is an individual whose name consists of only one word, the registrant shall enter that word in the field for entering the last name of the debtor.
(4)
Where the debtor is an individual who carries on business under a name and style other than the individual's own name, the registrant
(a)
shall enter, in accordance with this section, the individual's own name as a debtor (individual); and
(b)
may enter, in accordance with section
21
, the individual's business name and style as a debtor (enterprise).
(5)
Where the debtor is an individual, the name of the debtor shall be determined, for the purpose of this section, by the following rules:
(a)
where the debtor was born in Canada and the debtor's birth is registered in Canada with a government agency responsible for the registration of births, the name of the debtor is the name as stated in the debtor's birth certificate or equivalent document issued by the government agency;
(b)
where the debtor was born in
(i)
the name as stated in a current passport issued to the debtor by the Government of Canada,
(ii)
if the debtor does not have a current Canadian passport, the name as stated in a current social insurance card issued to the debtor by the Government of Canada, or
(iii)
if the debtor does not have a current Canadian passport or social insurance card, the name as stated in a current passport issued to the debtor by the government of a jurisdiction other than Canada where the debtor habitually resides;
(c)
where the debtor was not born in
(d)
where the debtor was not born in
(i)
the name as stated in a current visa issued to the debtor by the Government of Canada,
(ii)
if the debtor does not have a current Canadian visa, the name as stated in a current passport issued to the debtor by the government of the jurisdiction where the debtor habitually resides, or
(iii)
if the debtor does not have a current Canadian visa or a current passport, the name as stated in the birth certificate or equivalent document issued to the debtor by the government agency responsible for the registration of births at the place where the debtor was born;
(e)
notwithstanding paragraphs (a) to (d) and subject to paragraph (f), if the debtor changes his or her name after marriage or in accordance with change of name legislation, the name of the debtor is the name adopted by the debtor after marriage, if that name is recognized under the law of the jurisdiction where the debtor habitually resides, or the name as stated in the debtor's change of name certificate or equivalent document;
(f)
where the law of the jurisdiction where the debtor habitually resides allows a person to use both the name adopted after marriage and the name that person had before marriage, and the debtor uses both names, paragraphs (a) to (d) continue to apply and both the name of the debtor determined in accordance with those paragraphs and the name adopted after marriage shall be registered as separate debtor (individual) names; and
(g)
in a case not falling within paragraphs (a) to (f), the name of the debtor is the name as stated in any two of the following documents issued to the debtor by the Government of Canada or of a province or
(i)
a current motor vehicle operator's licence,
(ii)
a current vehicle registration, and
(iii)
a current medical insurance card.
(6)
For the purpose of subsection (5), the name of the debtor shall be determined as of the date of the event or transaction to which the registration relates.
(7)
In addition to entering the name of a debtor who is an individual determined in accordance with this section, the registrant may enter any other name of the debtor of which the registrant has knowledge as a separate debtor (individual) name. Name information
21.
(1)
Where the debtor is an enterprise that is a corporation, the registrant shall enter the name of the corporation.
(2)
The registrant shall enter, under separate "Debtor (
(a)
an English form;
(b)
a French form; and
(c)
a combined English-French form.
(3)
In entering the name of a debtor that is a corporation, the registrant may enter, with or without a period, either the abbreviation "Ltd", "Ltee", "Ltée", "Inc", "Incorp", "Corp", "Co" or "Cie", or "Limited", "Limitee", "Limitée", "Incorporated", "Incorporee", "Incorporée", "Corporation", "Company" or "Compagnie".
(4)
Where the debtor is an enterprise that is the estate of a deceased individual, the registrant shall enter the first name followed by the first of the middle names, if any, followed by the last name of the deceased, unless the name of the deceased consists of only one word in which case only that word shall be entered, followed by the word "estate".
(5)
Where the debtor is an enterprise that is a trade union, the registrant shall enter
(a)
the name of the trade union; and
(b)
in accordance with subsection (17), the name of each person representing the trade union in the transaction giving rise to the registration.
(6)
Where the debtor is a trustee acting for an enterprise that is in the form of a trust, and the document creating the trust designates the name of the trust, the registrant shall enter that name, followed by the word "trust" unless the name of the trust already contains the word "trust".
(7)
Where the debtor is a trustee acting for an enterprise that is in the form of a trust, and the document creating the trust does not designate the name of the trust, the registrant shall enter the first name followed by the first of the middle names, if any, followed by the last name of at least one of the trustees, unless the name of the trustee consists of only one word in which case only that word shall be entered, followed by the word "trustee".
(8)
Where the debtor is a trustee acting for an enterprise that is in the form of the estate of a bankrupt individual, the registrant shall enter the first name followed by the first of the middle names, if any, followed by the last name of the bankrupt, unless the name of the bankrupt consists of only one word in which case only that word shall be entered, followed by the word "bankrupt".
(9)
Where the debtor is a trustee acting for an enterprise that is in the form of the estate of a bankrupt enterprise, the registrant shall enter the name of the bankrupt enterprise followed by the word "bankrupt".
(10)
Where the debtor is a debtor because of membership in an enterprise that is a partnership, the registrant shall enter, in the case of a limited partnership, the firm name of the partnership as stated in the declaration filed under the Limited Partnership Act
.
(11)
Where the debtor is a debtor because of membership in an enterprise that is a partnership, other than one referred to in subsection (10), the registrant shall enter
(a)
the firm name of the partnership; and
(b)
in accordance with subsection (17), the name of at least one of the partners, which in the case of a limited partnership must include the name of a general partner.
(12)
In a case within subsection (11), if the partnership does not have a name, the registrant shall enter, in accordance with subsection (17), the names of all of the partners.
(13)
Where the debtor is a debtor because of participation in an enterprise that is a syndicate or joint venture, the registrant shall enter
(a)
the name, if any, of the syndicate or joint venture as stated in the document creating it; and
(b)
in accordance with subsection (17), the name of each participant in it.
(14)
Where the debtor is a debtor because of membership or participation in an association, organization or enterprise other than one already referred to in this section, the registrant shall enter
(a)
the name of the association, organization or enterprise; and
(b)
in accordance with subsection (17), the name of each person representing the association, organization or enterprise in the transaction giving rise to the registration.
(15)
For the purpose of paragraph (14)(a), if the name of the association, organization or enterprise is stated in a constitution, charter or other document creating it, the registrant shall enter the name in the form.
(16)
For the purpose of this section, a person representing an enterprise in a transaction giving rise to a registration is a person who has power to bind the enterprise or its officers or members and who has exercised that power in the formation of the contract or contracts involved in the transaction.
(17)
Where, under paragraph (5)(b), (11)(b), subsection (12), paragraph (13)(b) or (14)(b),
(a)
the name of an individual is to be entered, the name shall be entered in the manner provided under sections
19
and 20; or
(b)
the name of a corporation is to be entered, the name shall be entered in the manner provided under section
19
and subsections (1) to (3). Secured Party Information
22.
(1) The registrant shall indicate whether the secured party is an individual or an enterprise.
(2)
Where the secured party is an individual, the registrant shall enter the name, in the manner provided under section
20
, and address of the secured party and section
20
applies with the necessary changes.
(3)
Where the secured party is an enterprise, the registrant shall enter the name, in the manner provided under section
21
, and address of the secured party and section
21
applies with the necessary changes.
(4)
The registrant may enter the secured party's phone number and fax number.
(5)
Where the secured party is an enterprise, the registrant may enter the name and position of a contact person within the enterprise to whom inquiries relating to the registration may be addressed.
(6)
Where a registration applies to more than one secured party, the registrant shall identify each secured party as a separate secured party in the registration. Collateral (and Proceeds) Description
23.
(1) Where the collateral to which a registration relates is
(a)
consumer goods that are serial numbered goods, the registrant shall enter a description of the collateral in accordance with section
25
;
(b)
consumer goods that are not serial numbered goods, the registrant shall enter a description of the collateral in accordance with section
24
;
(c)
equipment that is serial numbered goods, the registrant shall enter a description of the collateral in accordance with section
24
or 25;
(d)
equipment that is not serial numbered goods, the registrant shall enter a description of the collateral in accordance with section
24
; or
(e)
items of inventory, whether or not serial numbered goods, the registrant shall enter a description of the collateral in accordance with section
24
.
(2)
Notwithstanding subsection (1), where the collateral to which a registration relates is proceeds to be described for the purpose of subsection
29
(3) or (4) of the Act, and the collateral is
(a)
consumer goods that are serial numbered goods, the registrant shall enter a description of the collateral in accordance with section
25
;
(b)
equipment that is serial numbered goods, the registrant shall
(i)
enter a description of the collateral in accordance with section
25
, or
(ii)
enter a description of the collateral in accordance with section
24
and indicate that the description relates to proceeds; or
(c)
collateral not referred to in paragraph (a) or (b), the registrant shall enter a description of the collateral in accordance with section
24
and indicate that the description relates to proceeds. General Description of Collateral
24.
(1) Where collateral is to be described other than by serial number, the registrant shall enter
(a)
a description of the collateral by item or kind or by reference to one or more of the following:
"goods", "document of title", "chattel paper", "security", "instrument", "money" or "intangible";
(b)
a statement that a security interest is taken in all of the debtor's present and after-acquired personal property; or
(c)
a statement that a security interest is taken in all of the debtor's present and after-acquired personal property except specified items or kinds of personal property or except one or more of the following:
"goods", "document of title", "chattel paper", "security", "instrument", "money" or "intangible".
(2)
A description is inadequate for the purpose of paragraph (1)(a) if it describes the collateral as consumer goods or equipment without further describing the item or kind of collateral, but where the personal property to be excluded from a description of collateral under paragraph (1)(c) is the consumer goods of the debtor, the excluded property may be described simply as consumer goods.
(3)
A description of collateral under subsection (1) that describes the collateral as inventory is adequate only while the collateral is held by the debtor as inventory. Description of Serial Numbered Goods 25. (1) Where collateral is to be described by serial number, the registrant, under the heading Serial Numbered Collateral Information, (a) shall indicate after the heading "Serial Collateral Type", the type of serial numbered goods to which the registration relates; (b) shall enter after the heading "Serial Number", the last 25 characters of the serial number or all the characters if the serial number contains less than 25 characters; (c) may verify the serial number entered by entering it a second time; and (d) may describe the collateral by make, manufacturer, model, model year or other particulars.
(2)
For the purpose of this section, the serial number for
(a)
a motor vehicle other than a combine or tractor is the vehicle identification number marked on, or attached to, the body frame by the manufacturer;
(b)
a combine, tractor, mobile home or trailer is the serial number marked on, or attached to, the chassis by the manufacturer;
(c)
a boat that can be registered, recorded or licensed under the Canada Shipping Act
(
(d)
a boat not referred to in paragraph (c) is the serial number marked on, or attached to, the boat by the manufacturer;
(e)
an outboard motor for a boat is the serial number marked on, or attached to, the outboard motor by the manufacturer;
(f)
an aircraft that must be registered under the Aeronautics Act
(Canada) or regulations made under that Act in order to be operated in Canada is the registration marks assigned to the airframe by the Department of Transport (Canada), omitting any hyphen;
(g)
an aircraft that must be registered under the law of a state, other than Canada, that is a party to the Convention on International Civil Aviation 1944
(Chicago) is the registration marks assigned to the airframe by the relevant licensing authority, omitting any hyphen; and
(h)
an aircraft not referred to in paragraph (f) or (g) is the serial number marked on, or attached to, the airframe by the manufacturer.
(3)
Where collateral referred to in paragraph (2)(a), (b), (d), (e) or (h) does not have a serial number or vehicle identification number marked on, or attached to, it by the manufacturer, the serial number is any number of at least six characters that is marked on, or attached to, the collateral. Continuation of Prior Security Interest
26.
(1) Where a registrant wishes to continue the registered and perfected or perfected status of a prior security interest referred to in section 75 of the Act, the registrant shall register a financing statement relating to the prior security interest in accordance with this Part before the registered and perfected or perfected status of the prior security interest ceases to be effective under section 75 of the Act.
(2)
Where a financing statement is registered under section 75 of the Act to continue the registered and perfected status of a prior security interest covered by an unexpired registration under prior registration law, the registrant shall
(a)
indicate under which prior registration law the security interest to which the registration relates is registered;
(b)
enter the registration number under prior registration law;
(c)
except in the case of a prior security interest covered by a registration under the Registration of Deeds Act,
indicate the venue in which the registration under prior registration law is registered;
(d)
in the case of a prior security interest covered by a registration under the Registration of Deeds Act
, indicate that the registration was made under that Act; and
(e)
enter the date on which the registration became effective under prior registration law, with the number of the year entered first followed by the number of the month followed by the number of the day.
(3)
Where a financing statement is registered under section 75 of the Act to continue the perfected status of a prior security interest that is not covered by an unexpired registration under prior registration law but has the status of a perfected security interest under subsection 75(5) of the Act on the commencement of the Act, the registrant shall enter, under the heading "Additional Information", a statement indicating when the prior security interest was created. Additional Information
27.
The registrant may enter, under the heading "Additional Information", any information relating to the registration that the registrant wishes. PART IV Application
28.
This Part applies to the registration in the registry of a notice of the appointment of a receiver as authorized by section 65 of the Act. Preliminary Registration Procedure
29.
A registrant who wishes to register a notice of the appointment of a receiver shall indicate that the registrant wishes
(a)
to have access to the registry to effect a registration;
(b)
to enter a registration; and
(c)
to register a notice of appointment of receiver. Duration of registration
30.
The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from 1 to 25 indicating the number of years or by selecting infinity. Your File Number
31.
For the registrant's own purposes, the registrant may enter, under the heading "Your File Number", any file number the registrant wishes that consists of numbers or letters or both to a maximum of 12 characters. Debtor Information
32.
(1) Where the debtor is an individual, the registrant shall enter, under the heading "Debtor (Individual)", the name, in the manner provided under section
20
, and the address of the debtor.
(2)
Where the debtor is an enterprise, the registrant shall enter, under the heading "Debtor (
(3)
Where the debtor is an individual, the registrant may enter the birth date of the debtor with the number of the year entered first followed by the number of the month followed by the number of the day.
(4)
Where the debtor is an enterprise, the registrant may enter the name and position of a contact person within the enterprise to whom inquiries relating to the registration may be addressed.
(5)
Where a registration applies to more than one debtor, the registrant shall identify each debtor as a separate debtor in the registration. Receiver Information
33.
(1) The registrant shall indicate whether the receiver is an individual or an enterprise.
(2)
Where the receiver is an individual, the registrant shall enter the name of the receiver in the manner provided under section
20
and section
20
applies, with the necessary changes.
(3)
Where the receiver is an enterprise, the registrant shall enter the name of the receiver in the manner provided under section
21
and section
21
applies, with the necessary changes.
(4)
The registrant shall enter the address of the office in the province where the records referred to in paragraph 65(2)(d) of the Act shall be maintained.
(5)
The registrant may enter the receiver's phone number and fax number.
(6)
Where the receiver is an enterprise, the registrant may enter the name and position of a contact person within the enterprise to whom inquiries relating to the registration may be addressed. Particulars of Appointment
34.
(1) The registrant shall, in the case of a court appointed receiver,
(a)
indicate the court that made the appointment;
(b)
indicate the judicial district of the court that made the appointment;
(c)
enter the court file number; and
(d)
enter, under the heading "Additional Information",
(i)
the date of the order,
(ii)
the name of the applicant for the order, and
(iii)
the date of the appointment of the receiver.
(2)
The registrant shall, in the case of an appointment under a security agreement, enter, under the heading "Additional Information", a statement indicating
(a)
the date of the appointment of the receiver; and
(b)
the name and address of the secured party named in the agreement. Collateral Description
35.
The registrant may enter, in accordance with sections
23
to 25, a description of the collateral of the debtor in relation to which the receiver was appointed. Additional Information
36.
The registrant may enter, under the heading "Additional Information", any information relating to the registration that the registrant wishes. PART V Application
37.
(1) This Part applies to the registration of a notice of an order or a notice of a domestic contract in respect of matrimonial assets or business assets in the nature of personal property made or entered into under the Family Law Act
. (2) In subsection (1) "domestic contract" means a domestic contract as defined in the Family Law Act . Preliminary registration procedure
38.
A registrant who wishes to register a notice of an order made or a domestic contract entered into under the Family Law Act
shall indicate
(a)
that the registrant wishes to have access to the registry to effect a registration;
(b)
that the registrant wishes to enter a registration; and
(c)
that the registrant wishes to register a notice of an order or a domestic contract made or entered into under the Family Law Act
. Particulars of
order
39.
(1) Where the notice is in relation to a court order, the registrant shall
(a)
indicate the court that made the order;
(b)
indicate the judicial district of the court that made the order; and
(c)
enter under the heading "additional information" the court file number. (2) Where the notice is in relation to a domestic contract, the registrant shall (a) indicate that the court file number is "contract", and (b) enter, under the heading "additional information", a statement that the notice is in relation to a domestic contract. Duration of registration
40.
The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from 1 to 25 indicating the number of years. Your file number
41.
For the registrant's own purposes, the registrant may enter, under the heading "Your File Number", any file number the registrant wishes that consists of numbers or letters or both to a maximum of 12 characters. Respondent spouse information
42.
(1) The registrant shall enter, under the heading "Respondent Spouse (Individual)", the name, in the manner provided under section
20
, and address of the respondent spouse and section
20
applies, with the necessary changes.
(2)
The registrant may enter the birth date of the respondent spouse with the number of the year entered first followed by the number of the month followed by the number of the day. Applicant spouse information
43.
The registrant shall enter, under the heading "Applicant Spouse", the name, in the manner provided under section
20
, and address of the applicant spouse and section
20
applies with the necessary changes. General description of personal property
subject to order
44.
Under the heading "General Collateral", the registrant shall enter, in accordance with section
24
, a description of the personal property,
other than serial numbered goods, to which the order or domestic contract relates. Description of serial numbered goods
45.
Under the heading "Serial Numbered Collateral", the registrant shall enter, in accordance with section
25
, a description of personal property to which the order or domestic contract relates that are serial numbered goods. Additional information
46.
Under the heading "Additional Information", the registrant
(a)
shall enter the date of the order or domestic contract to which the registration relates;
(b)
shall enter the name of a party to the order or domestic contract to which the registration relates as named in the order or domestic contract,
if different than the name of that party as entered in the registry; and
(c)
may enter other information relating to the registration that the registrant wishes. PART VI Application
47.
This Part applies
(a)
to the renewal, discharge, re-registration under subsection 36(7) of the Act and amendment of a financing statement registered under Part III and a notice of the appointment of a receiver registered under Part IV;
(b)
with the necessary changes, to the renewal, discharge, re-registration under subsection 36(7) of the Act and a notice of an order in respect of personal property registered under Part V; and
(c)
to an amendment that globally changes multiple registrations. Prior registrations
48.
An unexpired registration under prior registration law shall only be renewed, discharged or amended by registering a financing statement in accordance with Part III to continue the registration in the registry after which the registration may be renewed, discharged or amended in accordance with this Part. Renewals
49.
A registrant who wishes to renew a registration shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to renew a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be renewed; and
(d)
specify the period of time for which the registration is to be extended by entering a whole number from 1 to 25 indicating the number of years or by selecting infinity. Discharges
50.
A registrant who wishes to discharge a registration shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to discharge a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be discharged; and
(d)
confirm the decision to discharge the registration after viewing data representative of the registration. Discharge of registration
51.
On the expiration of
30 days after the discharge of a registration in the registry, all data relating to that registration may be removed from the records of the registry. Re-registrations
52.
A registrant who wishes to re-register a registration under subsection 36(7) of the Act shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to re-register a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be re-registered; and
(d)
confirm the decision to re-register the registration after viewing data representative of the registration. Amendment - change of
debtor information
53.
(1) A registrant who wishes to amend a registration to add, change or delete debtor information shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to amend a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be amended;
(d)
locate the screen displaying the debtor information that is to be amended;
(e)
indicate whether the debtor information is to be added, changed or deleted;
(f)
where debtor information is to be added, enter the additional information in the manner provided under sections
19
, 20 and 21 for entering debtor information; and
(g)
where debtor information is to be changed, enter the revised information, in place of the information displayed on the screen, in the manner provided under sections
19
, 20 and 21 for entering debtor information.
(2)
Where a registrant amends a registration under this section to disclose a transfer to a new debtor of only part of the collateral to which the registration relates, the registrant shall, in addition to entering the information referred to in paragraph (1)(f), enter, under the heading "Additional Information", a statement describing the part of the collateral that is being transferred and identifying the debtor to whom it is being transferred. Amendment - change of secured party information
54.
(1) A registrant who wishes to amend a registration to add, change or delete secured party information shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to amend a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be amended;
(d)
locate the screen displaying the secured party information that is to be amended;
(e)
indicate whether the secured party information is to be added, changed or deleted;
(f)
where secured party information is to be added, enter the additional information in the manner provided under section
22
for entering secured party information; and
(g)
subject to subsection (2), where secured party information is to be changed, enter the revised information, in place of the information displayed on the screen, in the manner provided under section
22
for entering secured party information.
(2)
Where secured party information is to be changed and a secured party number was entered under subsection
5
(1) to register the secured party information in the original registration, the registrant shall
(a)
indicate that secured party information is to be deleted;
(b)
indicate that secured party information is to be added; and
(c)
enter the revised secured party information in the manner provided under section
22
for entering secured party information.
(3)
Where a registrant amends a registration under this section to disclose a transfer of only part of the interest of a secured party, the registrant shall, in addition to entering the information referred to in paragraph (1)(f), enter, under the heading "Additional Information", a statement specifying the part of the interest that is being transferred and identifying the secured party to whom it is being transferred. Amendment - change of collateral information
55.
(1) A registrant who wishes to amend a registration to add, change or delete collateral information shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to amend a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be amended;
(d)
locate the screen displaying the description of the collateral to be amended; and
(e)
effect the amendment in the manner provided in this section.
(2)
Where the collateral to be added, changed or deleted is not to be, or is not, described by serial number, the registrant shall
(a)
in the case of an addition, enter a statement describing the collateral to be added;
(b)
in the case of a change, enter a statement describing the change to be made in the existing description of the collateral; and
(c)
in the case of a deletion, enter a statement describing the collateral to be deleted.
(3)
Where the collateral to be added, changed or deleted is to be, or is, described by serial number, the registrant shall
(a)
indicate whether the registrant wishes to add, change or delete collateral;
(b)
in the case of an addition, enter a description by serial number of the collateral to be added; and
(c)
in the case of a change, enter the revised description of the collateral by serial number in place of the collateral description displayed on the screen.
(4)
Sections 23 to 25 apply to a registration under this section. Amendment - subordination
56.
A registrant who wishes to amend a registration to disclose a subordination of a registered interest shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to amend a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be amended;
(d)
locate the screen for entering additional information;
(e)
enter a statement indicating the registration number and the date of the registration of the interest to which the registered interest is being subordinated;
(f)
where the subordination relates to only part of the collateral, enter a statement describing the collateral to which the subordination relates; and
(g)
where the registered interest is being subordinated to an interest not registered in the registry, enter a statement indicating the name and address of the party to whom the interest is being subordinated and describing the interest. Amendment - trust indentures
57.
A registrant who wishes to amend a registration to disclose that the registration relates to, or no longer relates to, a security interest arising under a trust indenture shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to amend a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be amended;
(d)
locate the screen for entering additional information; and
(e)
enter a statement indicating that the registration relates to, or no longer relates to, a security interest arising under a trust indenture. Renewal, discharge or amendment - resulting from a court order
58.
Where a registration is to be renewed, discharged or amended as a result of a court order relating to the registration, the registrant shall, in accordance with this Part,
(a)
renew, discharge or amend the registration as required by the court order; and
(b)
except in the case of a total discharge, amend the registration to disclose, under the heading "Additional Information",
(i)
the name of the court that issued the order,
(ii)
the judicial district, if any, of the court that issued the order,
(iii)
the court file number,
(iv)
the date of the order, and
(v)
the effect of the order. Global change affecting multiple registrations
59.
(1) An individual designated as an administrative user under subsection
4
(4) may, on behalf of a person who has been assigned a secured party number by the registrar under subsection
4
(3), effect a registration
(a)
changing the address of that person;
(b)
with the prior approval of the registrar, changing the name of that person; or
(c)
disclosing a transfer of that person's entire interest to another person who has been assigned a secured party number by the registrar under subsection
4
(3), in relation to all registrations that were effected using that person's secured party number.
(2)
A registrant referred to in subsection (1) who wishes to effect a registration under this section shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to effect the registration of a global change affecting multiple registrations, and
(c)
enter the appropriate secured party numbers. Other amendments
60.
A registrant who wishes to amend a registration to disclose a change not otherwise dealt with in this Part shall
(a)
indicate that the registrant wishes to have access to the registry to effect a registration;
(b)
indicate that the registrant wishes to amend a registration;
(c)
enter the registration number of any registration that forms part of the registration family to be amended;
(d)
locate the screen for entering additional information; and
(e)
enter a statement describing the desired change. PART VII Application
61.
This Part applies to the registration in the registry of deeds of a notice of a security interest in fixtures or crops under section 50 of the Act. Contents of
notice
62.
(1) Where a secured party wishes to register notice of a security interest in goods which are or may become fixtures or in crops that are growing or to be grown, the secured party shall submit a notice in the required form
to the registry of deeds, setting out
(a)
the name and address of the debtor;
(b)
the name and address of the secured party;
(c)
a description of the goods or crops sufficient to enable them to be identified;
(d)
a description of the land to which the goods are or are to be affixed, or on which the crops are growing or to be grown, sufficient for the purpose of identification in the registry of deeds;
(e)
the name of the owner of the land as it appears in the registry of deeds, if different from the debtor's name;
(f)
a statement indicating whether or not the security agreement providing for the security interest is a trust indenture; and
(g)
a statement specifying, in multiples of whole years, the period of time during which the registration of the notice is to be effective or a statement that it is an infinite registration.
(2)
A notice referred to in subsection (1) shall be signed by the secured party or the secured party's agent and due execution shall be proved in the manner required by the Registration of Deeds Act, 2009
. Renewal, amendment, discharge, transfer or subordination
63.
(1) Where a notice registered under subsection 62(1) has not expired, the secured party may register notice of its renewal, amendment or discharge or notice of the transfer or subordination of the security interest to which it relates by submitting a notice in the required form
to the registry of deeds, setting out
(a)
the registration particulars of the original notice;
(b)
the name and address of the debtor named in the original notice;
(c)
the name and address of the secured party named in the original notice;
(d)
a description of the land in relation to which the original notice was registered;
(e)
the name of the owner of the land, in relation to which the original notice was registered, as it appears in the registry, if different from the debtor's name;
(f)
in the case of a renewal, the period of time
during which the renewal of the notice is to be effective, expressed in multiples of whole years or infinity;
(g)
in the case of a total discharge, a statement that the security interest is totally discharged;
(h)
in the case of a partial discharge releasing part of the collateral from the security interest, a description of the collateral released from the security interest;
(i)
in the case of a partial discharge releasing all of the collateral from part of the land in relation to which the original notice was registered, a description of the land to which the discharge relates, sufficient for the purpose of identification in the registry of deeds;
(j)
in the case of a subordination, the name and address of the person to whom the interest of the secured party is being subordinated and the nature and registration particulars of the interest to which the interest of the secured party is being subordinated;
(k)
in the case of a transfer, a statement that the interest referred to in the original notice has been transferred and the name and address of the person to whom the interest has been transferred; and
(l)
in the case of an amendment to the debtor or secured party information contained in the original notice, a statement providing the particulars of the amendment.
(2)
A notice referred to in subsection (1) shall be signed by the secured party or the secured party's agent and due execution shall be proved in the manner required by the Registration of Deeds Act, 2009
. Fees payable
64.
(1) The fees payable for registration and searches in the registry shall be charged and paid on completion of the registration or search.
(2)
The registrar may enter into an agreement with a person establishing an account with the registry to enable fees that are payable under subsection (1) to be charged on a continuing basis against the balance in the person's account. Fee payable
65.
The fee payable for the registration of a notice under subsection
50
(3) or (7) of the Act is the fee set under the Registration of Deeds Act, 2009
. Demand for information
66.
Where a demand for information has been made under section 19 of the Act, the person to whom the demand is made is entitled to require the payment of a fee not exceeding $20 and in the case of photocopies not exceeding $.50 a page. Payment of fee
67.
Where a demand has been made under subsection 65(4) of the Act, the receiver is entitled to require the payment of a fee not exceeding $20 and in the case of photocopies not exceeding $.50 a page. Commencement 68. These regulations come into force on December 13, 1999. ©Queen's Printer |