This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 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 Analysis 1. Short title PART
I 2. Definitions PART
II 3. Access to registry 4. Identification codes 5. Secured party number 6. Responsibility of registrants 7. Proof of registration 8. Calculation of registration life 9. Verification statements 10. Notices of discharge, etc. 11. Search results 12. Liability limits 13. Damages 14. Application of Act PART
15. Application 16. Preliminary registration procedure 17. Duration of registration 18. "Your file number" 19. Debtor information 20. Individual information 21. Name information 22. Secured Party Information 23. Collateral (and Proceeds) Description 24. General Description of Collateral 25. Description of Serial Numbered Goods 26. Continuation of Prior Security Interest 27. Additional Information PART
IV 28. Application 29. Preliminary Registration Procedure 30. Duration of registration 31. Your File Number 32. Debtor Information 33. Receiver Information 34. Particulars of Appointment 35. Collateral Description 36. Additional Information PART
V 37. Application 38. Preliminary registration procedure 39. Particulars of order 40. Duration of registration 41. Your file number 42. Respondent spouse information 43. Applicant spouse information 44. General description of personal property subject to order 45. Description of serial numbered goods 46. Additional information PART
VI 47. Application 48. Prior registrations 49. Renewals 50. Discharges 51. Discharge of registration 52. Re-registrations 53. Amendment - change of debtor information 54. Amendment - change of secured party information 55. Amendment - change of collateral information 56. Amendment - subordination 57. Amendment - trust indentures 58. Renewal, discharge or amendment - resulting from a court order 59. Global change affecting multiple registrations 60. Other amendments PART
61. Application 62. Contents of notice 63. Renewal, amendment, discharge, transfer or subordination PART
VIII 64. Fees payable 65. Fee payable 66. Demand for information 67. Payment of fee PART
IX 68. Commencement Short title 1. These Regulations may be cited as the Personal Property Security Regulations. PART I 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 established under the Registration
of Deeds Act; (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. PART II 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 (a) where the person makes arrangements satisfactory to the
registrar for the payment of a fee; and (b) where the person wishing to effect a registration, provides proof
satisfactory to the registrar of the identity of the person. (2) A person shall not have access to the registry 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 Application 15. This 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 (Enterprise)", the name, in the manner provided under
section 21, and address of the 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 Canada but the debtor's birth is not registered
in Canada with a government agency responsible for the registration of births,
the name of the debtor is (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 Canada but is a Canadian citizen, the
name of the debtor is the name as stated in the debtor's certificate of
Canadian citizenship; (d) where the debtor was not born in Canada and is not a Canadian citizen,
the name of the debtor is (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 territory of Canada (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 (Enterprise)"
headings in the registration, all forms of the name of a debtor that is a
corporation if the name of the debtor is in more than one of the following
forms: (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 (a) shall
indicate the type of serial numbered goods to which the registration relates; (b) shall
enter 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 (Canada) is the registration, recording or
licence number assigned to the boat under that 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 (Enterprise)", the name, in the manner provided under section
21, and the address of the 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 (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 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 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.. 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. PART VIII 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. 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. PART IX Commencement 68. These regulations come into force on ©Earl G. Tucker, Queen's Printer |