AR 95/2001 PERSONAL PROPERTY SECURITY REGULATION (Consolidated up to 158/2015)
ALBERTA REGULATION 95/2001
Personal Property Security Act
PERSONAL PROPERTY SECURITY REGULATION
Table of Contents
Part 1 Definitions
1 Definitions
Part 2 General
2 Interests to be registered
3 Forms
5 Length of registration (PPSA, Sale of Goods Act, Factors Act)
6 Length and scope of registration (writs of enforcement)
7 Length of registration (other interests)
8 Calculation of registration period
9 Authorization
12 Manner of completing forms
15 Rejections
16 Statement covering one or more security interests
17 Re-registration of interest registered prior to October 1, 1990
18 Re-registration after lapse or discharge
Part 3 Debtor and Secured Party Names
19 Individual or business name
20 Specifying names of individuals
21 Specifying names of artificial bodies
22 Name of debtor re writ
24 Additional space for name or address
Part 4 Description of Collateral
25 Matrimonial property order
26 Writ of enforcement
27 Garage keeper’s lien
29 Workers’ Compensation Board
30 Sale of Goods Act
31 Crown charge
32 Charge on land
33 Stays, statutory liens and receiver’s reports
34 Collateral description
35 Contents of serial number description
36 Collateral to be described other than by serial number
37 Proceeds description
Part 5 Financing Statements - Miscellaneous
39 Court orders, etc.
Part 6 Financing Change Statements
40 Use of financing change statements
42 Deletion of information
43 Court orders
44 Subordinations
45 Change of name or transfer
46 Change of name or address affecting multiple registrations
47 Partial transfers
48 Trust indentures
50 Proof of service of demand
51 Court order to amend garage keeper’s lien registration
52 Seizure of security interest
53 Identifying agreement by date
54 Corrections by Registrar
Part 7 Verification Statements and Notices of Discharge 55 Sending of verification statements
56 Use of verification statements
Part 7.1 Vexatious Registration
57.1 Definitions
57.2 Refusal to register, etc.
57.3 Court order
57.4 Action by Registrar pursuant to a Court order
57.5 Registrar may require proof
57.6 Registrar is not under obligation to take action
57.7 Applications
Part 8 Administration
58 Search results
60 Fee for demand for information
61 Fee for receivers
63 Agreements re credit and electronic access
64 Assurance fund limits
65 Deemed damages
66 Fixtures
67 Application of Part 4 of the Act
Part 9 Transitional Provisions, Repeals, Expiry and Coming into Force
68 Transitional
69 Repeals
71 Coming into force
Schedules
Part 1 Definitions
Definitions
1(1) In this Regulation,
(a) “Act” means the Personal Property Security Act;
(b) “aircraft” means any 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) “artificial body” includes a partnership, a corporation, an association, an organization, an estate of a deceased individual or of a bankrupt, a trade union, a trust, a syndicate or a joint venture, but does not include an individual;
(d) “block number” means the number assigned to a segment of collateral, debtor or secured party information in the records of the Registry as shown on a verification statement or search result;
(e) “boat” means a vessel that is designed for transporting persons or things on water and that is propelled primarily by any power other than muscular power;
(f) “charge on land” means an interest, whether arising immediately or in the future, in real property given by a corporation, that secures payment or performance of an obligation;
(g) “collateral” means with respect to the registration of all forms, where the registration is
(i) in respect of a security interest, the personal property that is subject to the security interest,
(ii) authorized under the Sale of Goods Act or the Factors Act, the goods or documents of title that are the subject of the registration,
(iii) authorized under the Garage Keepers’ Lien Act, the motor vehicle or farm vehicle that is the subject of the registration,
(iv) in respect of a writ of enforcement, the property of the enforcement debtor to be bound by the writ,
(v) authorized to be registered under the Matrimonial Property Act, the mobile home or household goods that are the subject of the registration,
(vi) authorized to be registered under the Workers’ Compensation Act, the property that is the subject of the registration,
(vii) in respect of a Crown charge, the property that is subject to the Crown charge,
(viii) in respect of a statutory charge, the property that is subject to the statutory charge,
(ix) in respect of a charge on land, the real property that is subject to the charge, and
(x) in respect of a general property order, the property that is subject to the order;
(h) “consolidated registration” means a registration as it exists after any amendments;
(i) “Crown charge” means a lien, charge or other interest that
(i) affects property,
(ii) is created by a law, including the common law, and
(iii) is held by the Crown in right of Canada or a province;
(j) “debtor” means, with respect to the registration of all forms, where the registration is
(i) in respect of a security interest, a “debtor” as defined under the Act,
(ii) authorized under the Sale of Goods Act or the Factors Act, a person who, having sold goods, continues or is in possession of the goods or of the documents of title to the goods that are the subject of the registration,
(iii) authorized under the Garage Keepers’ Lien Act, the owner against whose interest in a motor vehicle or farm vehicle a lien is claimed under the Garage Keepers’ Lien Act,
(iv) in respect of a writ of enforcement, the enforcement debtor,
(v) authorized to be registered under the Matrimonial Property Act, a spouse against whose interest in any property an order may be registered under section 23 or 26 of the Matrimonial Property Act,
(vi) authorized to be registered under the Workers’ Compensation Act, an employer referred to in section 129 of the Workers’ Compensation Act,
(vii) in respect of a Crown charge, the person whose interest in property is subject to the charge,
(viii) in respect of a charge on land, the corporation whose interest in real property is subject to the charge,
(ix) in respect of a general property order, the person whose interest in property is subject to the order,
(x) in respect of a stay, the judgment debtor,
(xi) in respect of a statutory charge, the person whose property is subject to the statutory charge,
(xii) in respect of a receiver’s report, the person whose property is the subject of the receivership, and
(xiii) in respect of a maintenance order, the person whose interest in the property is subject to the maintenance order;
(k) “designated manufactured home” means a designated manufactured home as defined in section 284(1)(f.1) of the Municipal Government Act that is subject to a tax recovery lien under Part 10, Division 8.1 of the Municipal Government Act;
(l) “farm vehicle” in respect of a registration authorized under the Garage Keepers’ Lien Act, means a “farm vehicle” as defined in that Act;
(m) “general property order” means an order of a court or an order authorized by an enactment or a federal Act or statutory instrument that creates or affects an interest in property, but does not include
(i) an order that may be registered under section 23 or 26 of the Matrimonial Property Act, or
(ii) a court order that renews, discharges or otherwise amends a registration;
(n) “maintenance order” means a maintenance order referred to in section 21 of the Maintenance Enforcement Act;
(o) “mobile home” means a structure, whether ordinarily 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) a dwelling house or premises,
(B) a business office or premises, or
(C) accommodation for a purpose other than one described in paragraph (A) or (B);
(p) “motor vehicle” means,
(i) except in respect of a garage keeper’s lien, a mobile device that is propelled primarily by any power other than muscular power
(A) 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
(B) that is used in the construction or maintenance of roads,
and includes a pedal bicycle with a motor attached, a combine or tractor, but does not include a device that runs on rails or machinery designed only for use in farming, other than a combine or tractor, and
(ii) in respect of a garage keeper’s lien, “motor vehicle” as defined in the Garage Keepers’ Lien Act;
(q) “prescribed form” means a form prescribed by the Minister pursuant to section 3;
(r) “real property” means land, an interest in land, including a leasehold interest in land, and a right to payment arising in connection with an interest in land, including an interest in rental payments payable under a lease of land, but does not include a right to payment evidenced by a security or an instrument to which the Act applies;
(s) “receiver” means a receiver appointed under the Civil Enforcement Act;
(t) “receiver’s report” means a notice referred to in section 33(2) of the Civil Enforcement Regulation (AR 276/95);
(u) “registrant code” means the number assigned to a secured party or transmitting party by the Registrar pursuant to section 23;
(v) “registration package” means one or more financing statements or financing change statements, together with any attachments, submitted at the same time for registration by a secured party;
(w) “secured party” means with respect to the registration of forms, where the registration is
(i) in respect of a security interest, a “secured party” as defined in the Act,
(ii) authorized under the Sale of Goods Act or the Factors Act, a person who, having bought goods, leaves the goods or the documents of title to the goods that are the subject of the registration in the possession of the seller,
(iii) authorized under the Garage Keepers’ Lien Act, a garage keeper under the Garage Keepers’ Lien Act,
(iv) in respect of a writ of enforcement, the enforcement creditor,
(v) authorized to be registered under the Matrimonial Property Act, a spouse in whose favour an order is registered under section 23 or 26 of the Matrimonial Property Act,
(vi) authorized to be registered under the Workers’ Compensation Act, the Workers’ Compensation Board,
(vii) in respect of a Crown charge, the holder of the Crown charge,
(viii) in respect of a charge on land, the person claiming the charge,
(ix) in respect of a general property order, the person in whose favour the order is given,
(x) in respect of a stay, the judgment creditor,
(xi) in respect of a statutory charge, the person claiming the statutory charge,
(xii) in respect of a receiver’s report, the receiver, and
(xiii) in respect of a maintenance order, the person in whose favour the maintenance order is given;
(x) “secured party code” means a code assigned to a secured party by the Registrar pursuant to section 23;
(y) “serial number goods” means,
(i) except in respect of a garage keeper’s lien, a motor vehicle, a trailer, a mobile home, a designated manufactured home, an aircraft, a boat or an outboard motor for a boat, and
(ii) in respect of a garage keeper’s lien, a motor vehicle or farm vehicle;
(z) “status report” means a financing change statement that is used for the purposes of
(i) renewing or amending the registration of a writ of enforcement, or
(ii) amending a registration relating to
(A) an attachment order,
(B) a general property order,
(C) a maintenance order, or
(D) a receiver’s report;
(aa) “statutory charge” means a lien, charge or other interest that
(i) affects property, and
(ii) is created under an enactment in force in Alberta;
(bb) “tractor” means a self-propelled vehicle that is designed for drawing other vehicles or machines;
(cc) “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;
(dd) “transmitting party” means a party authorized by the Registrar to effect the registration of a financing statement or financing change statement by transmitting data electronically to the Registry;
(ee) “verification statement” means a verification statement under section 55.
(2) For the purposes of the Act and this Regulation, any form prescribed by the Civil Enforcement Act that may be registered in the Registry is considered to be a financing statement or a financing change statement, as the case may be.
AR 95/2001 s1;251/2001;237/2004
Part 2 General
Interests to be registered
2 In addition to anything else that may be registered in the Registry pursuant to an enactment, the following interests, rights or claims may be registered in the Personal Property Registry:
(a) a Crown charge;
(b) a charge on land;
(c) a general property order;
(d) a statutory charge.
Forms
3(1) The Minister may prescribe any form to be used for the purposes of the Act and this Regulation.
(2) A secured party is responsible for ensuring that all information on a prescribed form submitted for registration in the Registry is fully and accurately completed and is in accordance with the Act and this Regulation.
(3) Where any enactment authorizes a financing statement or financing change statement to be registered in the Registry, the form to be used is the prescribed form that is provided by the Registrar or a person designated by the Registrar.
4 Repealed AR 229/2007 s2.
Length of registration (PPSA, Sale of Goods Act, Factors Act)
5(1) A registration of a financing statement or financing change statement in relation to a security interest or an interest under the Sale of Goods Act or the Factors Act is effective for the period of time selected by the secured party.
(2) For the purposes of subsection (1), a secured party may select “infinity” or a number of whole years from 1 to 25, inclusive.
Length and scope of registration (writs of enforcement)
6 A registration relating to a writ of enforcement may be renewed for one or more further periods of 2 years each from the date of the registration of the renewal.
Length of registration (other interests)
7 The registration of a financing statement does not expire if the registration is in respect of
(a) an order under section 23 or 26 of the Matrimonial Property Act,
(b) repealed AR 237/2004 s3,
(c) an interest under section 129 of the Workers’ Compensation Act,
(d) a Crown charge,
(e) a stay,
(f) a statutory charge,
(g) a receiver’s report,
(h) a maintenance order,
(i) a charge on land, or
(j) a general property order.
AR 95/2001 s7;251/2001;237/2004
Calculation of registration period
8(1) For the purpose of calculating the period of effectiveness of a registration,
(a) the time from registration up to but not including 12:00 a.m. of the first anniversary date of the date of registration is the first year of the period, and
(b) the time from each subsequent anniversary date up to but not including 12:00 a.m. of the next anniversary date is a year.
(2) For the purposes of subsection (1), the anniversary date of a registration made on February 29 is
(a) where the year in which the registration is to expire is a leap year, February 29, and
(b) where the year in which the registration is to expire is not a leap year, March 1.
(3) Subsections (1) and (2) also apply to the term of registration relating to a garage keeper’s lien.
AR 95/2001 s8;237/2004
Authorization
9(1) A financing statement or financing change statement must be approved by
(a) the secured party or a person having the authority to act for the secured party,
(b) a person entitled to register a financing change statement pursuant to section 50(5) of the Act, or
(c) an authorized representative of the civil enforcement agency conducting the seizure, in the case of a seizure of a security interest or encumbrance pursuant to section 51 of the Civil Enforcement Act.
(2) The transmitting party may register a financing statement or financing change statement without requiring proof that the person approving it had the authority to do so.
(3) Repealed AR 229/2007 s3.
AR 95/2001 s9;229/2007
10, 11 Repealed AR 229/2007 s4.
Manner of completing forms
12 The information required or permitted by this Regulation to be set out on a prescribed form submitted for registration in the Registry must not contain any punctuation marks or symbols other than those set out in Schedule 1.
AR 95/2001 s12;229/2007
13, 14 Repealed AR 229/2007 s6.
Rejections
15 The Registrar may refuse to accept for registration any financing statement, financing change statement or other document if the Registrar considers it to be ambiguous, incomprehensible, illegible or incomplete or not suitable for the purposes of registration.
Statement covering one or more security interests
16 A financing statement may cover one or more security interests in the collateral described, whether arising on, before or after October 1, 1990 and whether or not registered under prior registration law as defined in section 76 of the Act.
AR 95/2001 s16;251/2001
Re-registration of interest registered prior to October 1, 1990
17(1) Where section 77 of the Act provides for the continuation of the registered or perfected status of an interest by registration in the Personal Property Registry, a financing statement must be registered before that registered or perfected status ceases to be effective.
(2) Where “PPSA Security Agreement” is specified as the type of registration, a registration of a financing statement under this section covers any security interest in the collateral described that was previously the subject of one or more registrations with the Central Registry, Vehicle Registry or Registrar of Corporations, if those registrations have been identified on the financing statement in accordance with this section.
(3) In a financing statement under subsection (1),
(a) the names of the secured party and the debtor must be in accordance with sections 19, 20, 21 and 24, and
(b) the description of the collateral must be in accordance with sections 34, 35, 36 and 37, and in the case of a registration under section 77(3) of the Act, in accordance with section 30 of this Regulation.
(4) Repealed AR 229/2007 s7.
AR 95/2001 s17;251/2001;229/2007
Re‑registration after lapse or discharge
18(1) A secured party may re‑register a security interest pursuant to section 35(7) of the Act by registering a financing statement.
(2) Where a financing statement is to be registered under subsection (1), the secured party must, in the area for “Particulars”, select the heading “Additional Information” and specify
(a) that the registration is a re‑registration pursuant to section 35(7) of the Act, and
(b) the registration number of the registration that lapsed or was discharged.
AR 95/2001 s18;251/2001;229/2007
Part 3 Debtor and Secured Party Names
Individual or business name
19 In specifying the name of a debtor or a secured party, the secured party must indicate on the financing statement or the financing change statement whether the name is that of
(a) an individual, or
(b) an artificial body.
AR 95/2001 s19;229/2007
Specifying names of individuals
20(1) This section applies where the name of the debtor or secured party to be set out in a financing statement or financing change statement is an individual.
(2) The last name followed by the individual’s first name and middle name, if any, must be specified.
(3) If the individual has more than one middle name, the first of the middle names must be specified.
(4) If the name does not consist of both a first name and last name, that name must be shown as the individual’s last name.
(5) Where the name includes a designation such as “Junior”, that designation must be specified following the first name.
(6) Where the individual carries on business under a name or style other than the individual’s own name, the individual’s own name must be given and must be indicated as the name of an individual for the purposes of section 19.
(7) The name of the individual is to be determined for the purposes of this section by the following:
(a) where the individual was born in Canada and the individual’s birth is registered in Canada with a government agency responsible for the registration of births, the name of the individual is the name as stated in the individual’s birth certificate or equivalent document issued by the government agency;
(b) where the individual was born in Canada but the individual’s birth is not registered in Canada with a government agency responsible for the registration of births, the name of the individual is
(i) the name as stated in the current passport issued to the individual by the Government of Canada,
(ii) if the individual does not have a current Canadian passport, the name as stated in a current social insurance card issued to the individual by the Government of Canada, or
(iii) if the individual does not have a current Canadian passport or social insurance card, the name as stated in a current passport issued to the individual by the government of a jurisdiction other than Canada where the individual habitually resides;
(c) where the individual was not born in Canada but is a Canadian citizen, the name of the individual is the name as stated in the individual’s certificate of Canadian citizenship;
(d) where the individual was not born in Canada and is not a Canadian citizen, the name of the individual is
(i) the name as stated in a current visa issued to the individual by the Government of Canada,
(ii) if the individual does not have a current Canadian visa, the name as stated in a current passport issued to the individual by the government of the jurisdiction where the individual habitually resides, or
(iii) if the individual 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 individual by the government agency responsible for the registration of births at the place where the individual was born;
(e) notwithstanding clauses (a) to (d) and subject to clause (f),
(i) if the individual changes name because of marriage or an adult interdependent relationship and that name is recognized under the law of the jurisdiction where the individual habitually resides, the name of the individual is the name adopted by the individual after marriage or becoming an adult interdependent partner, and
(ii) if the individual changes name in accordance with change of name legislation, the name of the individual is the name as stated in the individual’s change of name certificate or equivalent document, as the case may be;
(f) where the law of the jurisdiction where the individual habitually resides allows a person to use both the name adopted after marriage or becoming an adult interdependent partner and the name that person had before marriage or becoming an adult interdependent partner, and the individual uses both names, clauses (a) to (d) continue to apply and both the name of the individual determined in accordance with those clauses and the name adopted after marriage or becoming an adult interdependent partner must be registered as separate individual names;
(g) in a case not falling within clauses (a) to (f), the name of the individual is the name as stated in any 2 of the following documents issued to the individual 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;
(iii) a current medical insurance card.
(8) For the purposes of subsection (7), the name of the individual must be determined as of the date of the event or transaction to which the registration relates.
(9) In addition to specifying the name of the individual in accordance with subsections (1) to (8), the secured party may enter any other name of the individual of which the secured party has knowledge as a separate debtor or secured party name.
AR 95/2001 s20;109/2003
Specifying names of artificial bodies
21(1) This section applies where the name of the debtor or secured party to be set out in a financing statement or financing change statement is an artificial body.
(2) The following must be specified:
(a) in the case of a body corporate, the name of the body corporate;
(b) in the case of an estate of a deceased individual, the first name followed by the middle name, if any, followed by the last name of the deceased, followed by the word “estate”;
(c) in the case of a trade union, the name of the trade union and the name of each individual representing the trade union in the transaction giving rise to the registration;
(d) in the case of a trust,
(i) where the document creating the trust designates a name for the trust, the name of the trust, followed by the word “trust”, or
(ii) where the document creating the trust does not designate a name for the trust, the first name followed by the middle name, if any, followed by the last name of one of the trustees, followed by the word “trustee”;
(e) in the case of an estate of a bankrupt individual, the first name followed by the middle name, if any, followed by the last name of the bankrupt, followed by the word “bankrupt”;
(f) in the case of a bankrupt artificial body, the name of the artificial body followed by the word “bankrupt”.
(3) If the debtor is a debtor because of membership in or association with an artificial body that is not a corporation or trade union, the following must be specified as the debtor:
(a) in the case of an artificial body that is a partnership registered under the Partnership Act, the registered name of the partnership;
(b) in the case of an artificial body that is any other partnership, the name of the partnership and at least one of the partners;
(c) in the case of an artificial body that is an unincorporated association or organization, the name as set out in the constitution, charter or other document creating the association or organization and the name of each person representing the artificial body in the transaction giving rise to the registration;
(d) in the case of an artificial body that is a syndicate or joint venture, the name of the syndicate or joint venture set out in the document creating it and the name of each party to or participant in it;
(e) in the case of an artificial body other than one mentioned in clauses (a) to (d), the name of the artificial body and the name of each person representing the artificial body in the transaction giving rise to the registration.
(4) For the purposes of subsections (2) and (3), a person representing an artificial body in a transaction is a person who has power to bind the artificial body or its officers or members and who has exercised that power in the formation of the contract or contracts involved in the transaction.
(5) Where under subsection (2)(c) or (3)(b) to (e)
(a) an individual is identified, the individual must be identified in the manner provided for an individual under sections 19 and 20, or
(b) a body corporate is identified, it must be identified in the manner provided for a body corporate under subsection (2)(a) and section 19.
(6) Section 20(3) and (4) apply to a person referred to in subsection (2)(d) and (e) of this section.
(7) Notwithstanding subsection (2)(a), if
(a) the debtor is a corporation,
(b) the name of the debtor is in more than one of the following forms
(i) an English form,
(ii) a French form, or
(iii) a combined English-French form,
and
(c) the debtor uses more than one form of its name in Alberta at the time of registration,
the financing statement or financing change statement must set out, as separate debtor names, all forms of the name of the debtor that are used by it in its business dealings in Alberta.
Name of debtor re writ
22(1) The name of the debtor on a financing statement submitted for registration in respect of a writ of enforcement must be the name of the debtor as it appears on the judgment.
(2) In addition to the name of the debtor shown on a financing statement under subsection (1), any other names by which the debtor may be known may be added to the registration by registering a status report in respect of the writ of enforcement.
23 Repealed AR 229/2007 s10.
Additional space for name or address
24(1) If the space provided in a financing statement or financing change statement is insufficient to complete the name or address of a secured party, debtor or transmitting party, the secured party may use the prescribed form for “Additions and Changes ‑ Court Order, Other Changes and Additional Information” to complete the name or address in accordance with subsection (2).
(2) A secured party referred to in subsection (1) must, in the area for “Particulars”, select the heading “Additional Information” and specify
(a) “Further information relating to name or address:”,
(b) the name of the party for whom the name or address information is incomplete, as that name appears on the financing statement or financing change statement,
(c) whether the party referred to in clause (b) is a debtor or a secured party,
(d) whether the incomplete information relates to name or to address, and
(e) the name or address information required.
AR 95/2001 s24;229/2007
Part 4 Description of Collateral
Matrimonial property order
25 Where a financing statement is submitted for registration in respect of a matrimonial property order under the Matrimonial Property Act,
(a) any mobile home or household goods that are serial number goods must be described in accordance with section 35, and
(b) any household goods that are not serial number goods must be described in accordance with section 36(2)(a).
Writ of enforcement
26 Where a financing statement is submitted for registration in respect of a writ of enforcement,
(a) except as provided in clause (b), a description of the property bound by the writ is not required, and
(b) for the purposes of section 36(3) of the Civil Enforcement Act, a description by serial number must be provided in accordance with section 35.
Garage keeper’s lien
27 Where a financing statement is submitted for registration in respect of a garage keeper’s lien, a motor vehicle or farm vehicle must be described in accordance with section 35.
AR 95/2001 s27;237/2004
28 Repealed AR 237/2004 s4.
Workers’ Compensation Board
29 Where a financing statement is submitted in relation to the registration of a charge under section 129 of the Workers’ Compensation Act, the collateral must be described under “Collateral: General” as “all present and after-acquired personal property”.
AR 95/2001 s29;251/2001
Sale of Goods Act
30 Where a financing statement is submitted for registration, as authorized by the Factors Act or the Sale of Goods Act,
(a) goods that are serial number goods must be described in accordance with section 35, and
(b) goods other than serial number goods must be described in accordance with section 36(2)(a).
Crown charge
31(1) Subject to subsection (2), where a financing statement is submitted for registration in respect of a Crown charge or a statutory charge, the secured party must describe the collateral under “Collateral: General” and specify the law that creates the charge.
(2) Where a financing statement is submitted for registration in respect of a statutory charge against a designated manufactured home, the secured party must provide a description of the goods by serial number in accordance with section 35 and must specify the law that creates the charge.
Charge on land
32 Where a financing statement is submitted for registration in respect of a charge on land, the secured party is not required to provide a description of the collateral.
Stays, statutory liens and receiver’s reports
33 Where a financing statement is submitted for registration in respect of a stay or receiver’s report, the secured party is not required to provide a description of collateral.
Collateral description
34(1) Where a financing statement is submitted for registration in respect of a security interest in collateral that is serial number goods,
(a) if the goods are consumer goods, the secured party must provide a description of the goods by serial number in accordance with section 35, and
(b) if the goods are equipment or inventory, the secured party may provide a description of the goods in accordance with section 36 or by serial number in accordance with section 35.
(2) Where a financing statement is submitted for registration of a security interest in collateral that is other than serial number goods, the secured party must provide a description of the collateral in accordance with section 36.
Contents of serial number description
35(1) Where collateral is required to be described under this section, the description must be set out in the space provided for serial number description, and must include
(a) the last 25 characters of the serial number for the collateral or all the characters if the serial number contains less than 25 characters,
(b) the 4 digits for the model year of the collateral,
(c) the make and model of the collateral, and
(d) the appropriate category of collateral as set out in Schedule 3.
(2) For the purposes of subsection (1)(a), the serial number for
(a) a trailer, mobile home, designated manufactured home or motor vehicle, other than an automobile or truck, is the serial number located on the chassis,
(b) an automobile or truck is the vehicle identification number located on the body frame,
(c) a boat that is of a type
(i) that can be registered, recorded or licensed under the Canada Shipping Act (Canada) is the registration, recording or licence number that is assigned to the boat, or
(ii) not referred to in subclause (i) is the serial number of the boat,
(d) an aircraft that must be registered under the Aeronautics Act (Canada) is the registration marks assigned to the airframe by the Department of Transport (Canada), omitting any hyphen,
(e) an aircraft, other than an aircraft referred to in clause (d), that must be registered under the law of a state 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
(f) an aircraft, other than an aircraft referred to in clause (d) or (e), is the serial number of the airframe.
(3) For the purposes of subsection (1)(c), ditto marks may be used to indicate that the make and model of serial number goods is the same as that for the immediately preceding serial number goods described.
(4) Where the registration relates to a lien on an airplane under the Garage Keepers’ Lien Act, the serial number of the airplane is the serial number of the airframe pursuant to subsection (2)(d), (e) or (f).
(5) Where the collateral to be described under this section is a boat or an aircraft and
(a) the registration is in respect of a lien under the Garage Keepers’ Lien Act, and
(b) the boat is not registered, recorded or licensed as provided in subsection (2)(c)(i) or the aircraft is not registered as provided in subsection (2)(d) or (e),
the serial number is the serial number of the boat or airframe.
(6) Unless otherwise provided by subsection (2), the serial number of collateral is the serial number that is assigned by the manufacturer and is cut, embossed or otherwise permanently marked or attached on the collateral.
(7) In completing a serial number, the secured party must not include
(a) any hyphens, nor
(b) any words, punctuation marks or symbols that are not part of the serial number.
(8) Where collateral to be described by serial number does not have a serial number referred to in subsection (6), a serial number may be assigned to the collateral if it contains at least 6 characters and is cut, embossed or otherwise permanently marked or attached on the collateral.
(9) Subsection (8) does not apply to collateral that is a boat referred to in subsection (2)(c)(i) or an aircraft referred to in subsection (2)(d) or (e) other than a boat or aircraft referred to in subsection (5).
AR 95/2001 s35;237/2004;229/2007
Collateral to be described other than by serial number
36(1) This section applies where a financing statement is submitted for the registration of a security interest in
(a) collateral other than serial number goods, or
(b) serial number goods not described in accordance with section 35 in the case of inventory or equipment.
(2) Where collateral is to be described under this section, the secured party must set out the description under “Collateral: General” and must provide
(a) a description of the collateral by item or kind or as “goods”, “chattel paper”, “investment property”, “documents of title”, “instruments”, “money” or “intangibles”,
(b) a statement indicating that a security interest is taken in all of the debtor’s present and after-acquired personal property,
(c) a statement indicating 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 personal property described as “goods”, “chattel paper”, “investment property”, “documents of title”, “instruments”, “money” or “intangibles”, or
(d) a description of the collateral as inventory, but such a description is valid for the purposes of this section only while the collateral is held by the debtor as inventory.
(3) A description is inadequate for the purposes of subsection (2) if it describes collateral as consumer goods or equipment without further reference to the kind of collateral.
AR 95/2001 s36;130/2007
Proceeds description
37 Where collateral that is proceeds is to be described pursuant to section 28(2)(a) or (3) of the Act,
(a) if the proceeds are serial number goods that are consumer goods, the secured party must provide a description of the goods in accordance with section 35;
(b) if the proceeds are serial number goods that are equipment, the secured party may
(i) provide a description of the goods in accordance with section 36 and must write “Proceeds:” preceding the description, or
(ii) provide a description of the goods in accordance with section 35;
(c) if the proceeds are inventory or collateral other than serial number goods, the secured party must provide a description of the proceeds in accordance with section 36 and must write “Proceeds:” preceding the description.
Part 5 Financing Statements - Miscellaneous
38 Repealed AR 229/2007 s13.
Court orders, etc.
39 Where a financing statement is submitted in respect of a court order or receiver’s report that is an initial registration, the secured party must, in the area for “Particulars”, select the heading “Court Order” and specify
(a) the Court,
(b) the date and court file number of the order,
(c) the judicial centre out of which it was issued, and
(d) its effect.
AR 95/2001 s39;229/2007;164/2010
Part 6 Financing Change Statements
Use of financing change statements
40 A financing change statement may be used to
(a) renew, discharge or otherwise amend any consolidated registration commenced by registration of a financing statement,
(b) discharge or otherwise amend a pre-October 1, 1990 registration of a matrimonial property order, garage keeper’s lien or employment standards order, or
(c) discharge any pre-October 1, 1990 registration of a conditional sales contract, bill of sale, chattel mortgage or assignment of book debts.
AR 95/2001 s40;237/2004
41 Repealed AR 164/2010 s30.
Deletion of information
42(1) Where a financing change statement is submitted to amend a consolidated registration by deleting a block of information in respect of a debtor, a secured party or collateral, the secured party must specify the block number for that information, and may provide a description of the information to be deleted.
(2) Where a block number is specified for deletion, the entire block of information relating to that block number must be deleted.
(3) In the event of a conflict between the block number specified for deletion and a description of the information to be deleted, the block number prevails.
Court orders
43 Where a financing change statement, other than a garage keeper’s lien financing change statement, is submitted in respect of a court order, the secured party must
(a) identify the changes to the consolidated registration by completing all relevant information regarding renewal, total discharge, deletions or additions, and
(b) in the area for “Particulars”, select the heading “Court Order” and specify
(i) the Court,
(ii) the date and court file number of the court order,
(iii) the judicial centre out of which the court order is issued, and
(iv) the effect of that court order.
AR 95/2001 s43;237/2004;229/2007;164/2010
Subordinations
44 Where a financing statement or financing change statement is submitted in respect of a subordination, the secured party must, in the area for “Particulars”, select the heading “Other Changes” and set out
(a) the registration number of the registration to which the security interest is being subordinated, or where the security interest is being subordinated to an interest not registered in the Registry, a description of the interest, and
(b) a description of the collateral to which the subordination applies, if the subordination applies to only part of the collateral.
AR 95/2001 s44;229/2007
Change of name or transfer
45 Where a financing change statement is submitted in respect of a change of name of a secured party or debtor, or a transfer by a secured party of the secured party’s or debtor’s entire interest, the secured party must
(a) specify under “Deletions” the block number for the name to be changed or for the transferor, and
(b) specify under “Additions” the new name or the name of the transferee, together with the required information relating to an address.
Change of name or address affecting multiple registrations
46(1) A secured party may submit a “Global Financing Change Statement” in the prescribed form to
(a) change the name or address of a secured party, or
(b) disclose a transfer by a secured party of the secured party’s entire interest
in relation to all registrations showing a secured party code for the secured party.
(2) The “Global Financing Change Statement” may only be used for a transfer under subsection (1) if the transferee has a secured party code.
Partial transfers
47 Where a financing change statement is submitted in respect of
(a) the transfer by a secured party of a part of a security interest or a security interest in part of the collateral, or
(b) the transfer by a debtor of a partial interest in the collateral, or a transfer of a part of the collateral,
the secured party must
(c) disclose the transferee by completing the information required for the new secured party or debtor, as the case may be, under “Additions”, and
(d) in the area for “Particulars”, select the heading “Other Changes” and set out the extent of the interest for the collateral being transferred and the names of the transferor and transferee.
AR 95/2001 s47;229/2007
Trust indentures
48 Where a financing change statement is submitted to disclose that a consolidated registration relates to or no longer relates to a security interest arising under a trust indenture, the secured party must, in the area for “Particulars”,
(a) select the heading “Other Changes”, and
(b) state that the consolidated registration relates to or that the consolidated registration no longer relates to a security interest arising under the trust indenture.
AR 95/2001 s48;229/2007
49 Repealed AR 229/2007 s18.
Proof of service of demand
50 Where a financing change statement is submitted for registration pursuant to section 50(5) of the Act, it must be accompanied by a statutory declaration in the prescribed form as proof that the demand referred to in section 50(3) of the Act has been given to the secured party.
Court order to amend garage keeper’s lien registration
51 Where a garage keeper’s lien financing change statement is submitted in respect of a court order other than to extend the time for seizure, the secured party must identify the changes to the registration by completing the appropriate prescribed forms under section 10 for additions or deletions of secured parties, debtors or collateral, and attach those pages immediately following the garage keeper’s lien financing change statement.
AR 95/2001 s51;237/2004
Seizure of security interest
52 For the purpose of registering a notice of seizure of a security interest pursuant to section 51 of the Civil Enforcement Act, the secured party must complete a financing change statement and, in the area for “Particulars”, select the heading “Other Changes” and specify
(a) that seizure of a specified security interest has been made,
(b) the name of the enforcement debtor, and
(c) the name of the enforcement creditor.
AR 95/2001 s52;229/2007
Identifying agreement by date
53 A secured party who, for the purpose of complying with a demand under section 64(6) of the Law of Property Act, amends a registration in respect of a charge on land to identify by date the agreement to which it relates must on a General Collateral Additions form state “The date of the agreement to which the charge on land relates is” and then specify the date of the agreement.
AR 95/2001 s53;251/2001
Corrections by Registrar
54(1) The Registrar may register a financing statement or financing change statement to correct any error of the Registry in the registration of a financing statement or financing change statement.
(2) Any changes to a consolidated registration made by the Registrar under subsection (1) are effective only from the time the changes are made.
AR 95/2001 s54;229/2007
Part 7 Verification Statements and Notices of Discharge
Sending of verification statements
55(1) On registering a financing statement or financing change statement, the Registrar may send, by ordinary mail or other methods approved by the Registrar, to the person specified in the financing statement or financing change statement as the transmitting party, a verification statement to confirm the registration of the information on the financing statement or financing change statement.
(2) Where a “Global Financing Change Statement” is registered, the verification statement may be sent to
(a) the transmitting party, and
(b) any secured party in respect of whom the change is made.
(3) Where a financing change statement totally discharges a consolidated registration, the Registrar may send a verification statement providing notice of the discharge to the secured party and the transmitting party.
AR 95/2001 s55;229/2007
Use of verification statements
56(1) A verification statement, other than a verification statement referred to in section 55(2), may be submitted to a transmitting party by a secured party to do one of the following:
(a) totally discharge the consolidated registration;
(b) renew the consolidated registration;
(c) in the case of a registration relating to a garage keeper’s lien, register an order of the Court extending the time for seizure;
(d) request a correction of an error made by the secured party or the transmitting party in registering information.
(2) The portion of a verification statement to be used for the purposes specified in subsection (1) is deemed to be a financing change statement for the purposes of the Act and this Regulation.
(3) Where a verification statement is submitted under subsection (1)(c), the Court order extending the time for seizure must be submitted to the transmitting party together with the verification statement.
AR 95/2001 s56;237/2004
57 Repealed AR 229/2007 s22.
Part 7.1 Vexatious Registration
Definitions
57.1 In this Part,
(a) “affected party” means a person who appears as a debtor under a vexatious registration;
(b) “associated document” means any financing change statement or other document that relates to a vexatious registration but does not include a discharge of that registration;
(c) “potential debtor” means a person who, even though at the time may not be an affected party,
(i) has been an affected party in a proceeding concerning a vexatious registration in which the respondent in that proceeding was a vexatious party, or
(ii) has a reasonable apprehension of becoming an affected party;
(d) “prohibited party” means a person who is prohibited, pursuant to a Court order made under section 57.3(1)(b) or (2)(c), from registering a financing statement, financing change statement or other document in the Registry except with the permission of the Court;
(e) “vexatious party” means a person who claims to be a secured party under a financing statement that is registered in circumstances that constitute a vexatious registration;
(f) “vexatious registration” means a financing statement or associated document that has been registered
(i) in circumstances where the secured party does not in law have a claim or interest in relation to the debtor for which a financing statement or associated document may be registered, and
(ii) for the purpose of annoying or harassing the debtor.
AR 237/2004 s5
Refusal to register, etc.
57.2(1) The Registrar may refuse to accept for registration
(a) any financing statement where the Registrar is satisfied that registration of the financing statement would constitute a vexatious registration, or
(b) any financing change statement or other document where the Registrar is satisfied that the financing change statement or other document is an associated document.
(2) The Registrar may discharge a registration where the Registrar is satisfied that the registration constitutes a vexatious registration, and must provide notice to the secured party that the registration has been discharged.
(3) Where the Registrar
(a) refuses to accept for registration a financing statement, financing change statement or other document under subsection (1), or
(b) discharges a registration under subsection (2),
the person whose registration was refused or who is the secured party under the registration that was discharged may, on notice to the Registrar, apply to the Court for an order directing the Registrar to
(c) register the financing statement, financing change statement or other document for which registration had been refused, or
(d) re‑register the registration that has been discharged.
(4) On hearing an application made under subsection (3), the Court may, by order, do one or more of the following:
(a) direct the Registrar to accept the registration or re‑register the registration, as the case may be, where the Court is satisfied that the registration would not constitute a vexatious registration;
(b) in the case of a re‑registration of a registration, give directions as to priority;
(c) make any other direction not referred to in clause (a) or (b) that the Court considers appropriate, including directions as to costs.
AR 237/2004 s5
Court order
57.3(1) Where, on an application by an affected party, the Court is satisfied that a registration in the Registry constitutes a vexatious registration, the Court may, by order, do one or more of the following:
(a) direct the Registrar to discharge the registration;
(b) prohibit a person who is a secured party under a vexatious registration from registering any financing statement, financing change statement or other document in the Registry except where the Court by order permits the registration;
(c) authorize the Registrar to discharge any registration where
(i) the secured party under the registration is the same person who is a prohibited party pursuant to a prohibition made under clause (b), and
(ii) the registration
(A) was made at any time subsequent to that prohibition coming into effect, and
(B) was made without the permission of the Court;
(d) make any other directions not referred to in clause (a), (b) or (c) that the Court considers appropriate, including directions as to costs.
(2) Where, on an application by a potential debtor, the Court is satisfied that a person
(a) has been a vexatious party notwithstanding that at the time of the application that person may not be a secured party under a vexatious registration, or
(b) has attempted to register a financing statement that if registered would constitute a vexatious registration,
the Court may, by order,
(c) prohibit that person from registering any financing statement, financing change statement or other document in the Registry except where the Court by order permits the registration;
(d) authorize the Registrar to discharge any registration where
(i) the secured party under the registration is the same person who is a prohibited party pursuant to a prohibition made under clause (c), and
(ii) the registration
(A) was made at any time subsequent to that prohibition coming into effect, and
(B) was made without the permission of the Court;
(e) make any other directions not referred to in clause (c) or (d) that the Court considers appropriate, including directions as to costs.
(3) The Registrar may, on the Registrar’s own behalf,
(a) if in the circumstances the Registrar considers it in the public interest to do so, make an application under subsection (1) or (2), or
(b) ask the Court for directions or advice in relation to any vexatious registration or potential vexatious registration.
AR 237/2004 s5
Action by Registrar pursuant to a Court order
57.4(1) The Registrar shall discharge a registration where
(a) a person presents to the Registrar an order made under section 57.3(1)(a), or
(b) the Registrar obtains an order under section 57.3(1)(a),
directing the discharge of the registration.
(2) The Registrar shall discharge a registration where
(a) the Registrar is presented with or has obtained an order made under section 57.3(1)(c) or (2)(d), and
(b) the Registrar is satisfied that the secured party under the registration is a prohibited party under the order referred to in clause (a) and the conditions referred to in section 57.3(1)(c), in the case of an order made under section 57.3(1)(c), or section 57.3(2)(d), in the case of an order made under section 57.3(2)(d), have been met.
(3) Where the Registrar discharges a registration pursuant to a direction or an authorization contained in a Court order, the Registrar may do so without notice to the secured party.
(4) Section 57.2 does not apply in respect of a discharge of registration under this section.
AR 237/2004 s5
Registrar may require proof
57.5 The Registrar may require any person presenting an order to the Registrar or otherwise requesting the Registrar to act under this Part to provide proof satisfactory to the Registrar of any information required by the Registrar for the purposes of making a determination or otherwise acting under this Part.
AR 237/2004 s5
Registrar is not under obligation to take action
57.6 Nothing in this Part is to be construed so as to place an obligation on the Registrar to do any of the following:
(a) to refuse to register in the Registry a financing statement, financing change statement or other document;
(b) to make an application to the Court in respect of a vexatious registration or a potential vexatious registration;
(c) to act on the request of or on behalf of an affected party or a potential debtor;
(d) subject to section 57.4(1), to discharge a registration.
AR 237/2004 s5
Applications
57.7(1) Unless the Court directs otherwise, an application to the Court under this Part may be made without notice to the person who is the secured party under the vexatious registration.
(2) Nothing in this Part is to be construed so as to restrict or otherwise affect the general jurisdiction or powers of the Court.
(3) Subsection (1) does not apply in respect of an application under section 57.2(3).
AR 237/2004 s5
Part 8 Administration
Search results
58 The results of a search of the Registry
(a) must include information actively maintained in the Registry corresponding to the search criterion specified by the person requesting the search, and
(b) may include information actively maintained in the Registry corresponding to search criteria similar to those provided by the person requesting the search.
59 Repealed AR 229/2007 s22.
Fee for demand for information
60 For the purposes of section 18 of the Act, the prescribed fee that may be required by a person to whom a demand is made under that section is
(a) $15, plus
(b) $0.50 for each page of a security agreement or amendment if a demand is made for a copy of the security agreement or amendment.
Fee for receivers
61 For the purposes of section 65(6) of the Act, the prescribed fee that may be demanded by a receiver under that subsection is
(a) $15, plus
(b) $0.50 for each page of the financial statement or final account if a demand is made for copies of the financial statement or final account.
62 Repealed AR 229/2007 s22.
Agreements re credit and electronic access
63 The Registrar may enter into an agreement with any person to establish the terms and conditions on which that person may obtain
(a) services on credit from the Registry, or
(b) electronic access to the Registry database for the purpose of searches or registrations.
Assurance fund limits
64(1) The limit on the amount payable in respect of a single action pursuant to section 52 of the Act is $200 000.
(2) The limit on the total of all claims for compensation in a single action under section 53 of the Act is $2 000 000.
Deemed damages
65 For the purposes of section 67(2) of the Act, the debtor or the person disclosed as the debtor is deemed to have suffered damages of not less than $200.
Fixtures
66(1) Where a notice registered under section 49 of the Act is signed by an agent on behalf of the secured party, the notice must be accompanied by an affidavit in the prescribed form verifying the notice.
(2) A notice registered under section 49(4) of the Act must be executed by the secured party or the agent of the secured party in accordance with the requirements of the Land Titles Act.
(3) Where the Land Titles Act does not provide for the manner of execution by an artificial body, the notice referred to in subsection (2) must be executed by an agent.
Application of Part 4 of the Act
67(1) Except for the following provisions of the Act, Part 4 of the Act does not apply to the registration of a stay, statutory charge, receiver’s report, maintenance order or Crown charge or to a registration pursuant to the Matrimonial Property Act, the Workers’ Compensation Act, the Garage Keepers’ Lien Act, or section 22 or 33 of the Civil Enforcement Act:
section 43(1) to (3) and (6) to (10);
section 46;
section 47;
section 48;
section 52;
section 54.
(2) Section 44(3) and (4) of the Act apply to the registration of a stay, statutory charge, receiver’s report, maintenance order and Crown charge and a registration under the Matrimonial Property Act, the Workers’ Compensation Act or section 22 or 33 of the Civil Enforcement Act.
(3) Section 50 of the Act applies to a registration of a stay, statutory charge and maintenance order and to a registration made pursuant to section 22 or 33 of the Civil Enforcement Act.
AR 95/2001 s67;237/2004
Part 9 Transitional Provisions, Repeals, Expiry and Coming into Force
Transitional
68(1) Sections 20 and 21 apply to financing statements and financing change statements registered on or after October 1, 2001.
(2) Despite the repeal of the Personal Property Security Regulation (AR 234/90), section 17 of the Personal Property Security Regulation (AR 234/90) applies to financing statements and financing change statements registered before October 1, 2001.
(3) A reference in section 17(3) of this Regulation to sections 20 and 21 is deemed until September 30, 2001 a reference to section 17 of the Personal Property Security Regulation (AR 234/90).
Repeals
69(1) The Personal Property Security Regulation (AR 234/90) is repealed.
(2) The Personal Property Security Fees Regulation (AR 121/2000) is repealed.
70 Repealed AR 158/2015 s2.
Coming into force
71 This Regulation comes into force on July 3, 2001. Schedule 1 Character Comment Used in Name Fields* Used in Paragraph Fields** Used in Other Fields*** a-z, A-Z Letters of the Alphabet of the English Language Yes Yes Yes 0-9 Arabic Numerals Yes Yes Yes Blanks Yes Yes Yes ! Exclamation Mark Yes No No “ Double Quote Yes Yes Yes # Pound Sign Yes Yes Yes $ Dollar Sign Yes Yes Yes % Percent Yes Yes Yes & Ampersand Yes Yes Yes ’ Apostrophe Yes Yes Yes ( Left Round Parenthesis Yes Yes Yes ) Right Round Parenthesis Yes Yes Yes * Asterisk Yes Yes Yes + Plus Yes Yes Yes , Comma Yes Yes Yes . Period Yes Yes Yes - Hyphen Yes Yes Yes / Slash Yes Yes Yes : Colon Yes Yes Yes ; Semicolon Yes Yes Yes > Greater Than Yes No No
