General Regulations (N.S. Reg. 143/2015) (just regulations regs ppsgen.htm)
N.S. Reg. 143/2015
Nova Scotia — Regulations
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Part II .
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Personal Property Security Act General Regulations
made under
Section 72 of the
Personal Property Security Act
S.N.S. 1995-96, c. 13
O.I.C. 97-621 (October 1, 1997, effective November 3, 1997), N.S. Reg. 129/97
as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 143/2015
[Citation]
1 These regulations may be cited as the Personal Property Security Act General
Regulations .
Part I -
Interpretation
Definitions
(1) In these 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
Section 16 of the
Matrimonial Property 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) “claimant” means
(
i) a creditor who has applied for a warrant under the Collection Act , or
(ii) an assignee for the general benefit of creditors under the Assignments
and Preferences Act ,
as the case may be;
(f) “debtor” means
(
i) where the registration is in respect of a security interest or a notice of the
appointment of a receiver, a debtor as defined in
Section 2 of the Act,
(ia) where the registration is in respect of a notice of maintenance obligation,
a payor under the Maintenance Enforcement Act , and
Subclause 2(1)(f)(ia) added: O.I.C. 2006-271, N.S. Reg. 87/2006.
(ii) where the registration is in respect of a notice of claim as authorized by
Section 2C of the Creditors’ Relief Act ,
(
A) a person against whom a warrant has been issued under the
Collection Act , or
(
B) an assignor of an assignment for the general benefit of creditors
under the Assignments and Preferences Act ,
as the case may be;
(g) “enterprise” includes a partnership, body corporate, association, organization,
estate of a deceased individual, estate of a bankrupt, trade union, trust,
syndicate or joint venture or the Director of Maintenance Enforcement, but
does not include an individual except the Director of Maintenance
Enforcement;
Clause 2(1)(
g) amended: O.I.C. 2006-271, N.S. Reg. 87/2006.
(h) “judgment creditor” means a judgment creditor as defined in clause 2(
c) of the
Creditors’ Relief Act ;
(i) “judgment debtor” means a judgment debtor as defined in clause 2(
d) of the
Creditors’ Relief Act ;
(j) “Minister” means the Minister of Service Nova Scotia;
[Note: The reference to the Minister of Service Nova Scotia and Municipal Affairs has been updated in
accordance with Order in Council 2014-71 under the Public Service Act , R.S.N.S. 1989, c. 376, effective April
1, 2014.]
(k) “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 dwelling house or premises, a business office or
premises, or accommodation for any other purpose;
(l) “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;
(m) “printed” includes typed, stamped or machine printed;
(n) “prior registration law” means prior registration law as defined in subsection
74(1) of the Act;
(o) “registrant” means the person who enters data in the Registry in relation to a
registration;
(p) “registration family” means the registration originally entered in the Registry
and all subsequent registrations that renew, amend, re-register or discharge that
registration;
(q) “registry of deeds” means a registry of deeds as defined in clause 2(am) of the
Act;
(r) “respondent spouse” means a spouse against whom an order in respect of
matrimonial assets or business assets is made under
Section 16 of the
Matrimonial Property Act ;
(s) “screen” means an electronically reproduced image that is used for the purpose
of verifying data entry in the Registry;
(t) “serial numbered goods” means a motor vehicle, trailer, mobile home, aircraft,
boat or an outboard motor for a boat;
(u) “tractor” means a self-propelled vehicle that is designed primarily for drawing
other vehicles or machines;
(v) “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.
Section 2 renumbered 2(1): O.I.C. 2006-271, N.S. Reg. 87/2006.
(2) In the Act and these regulations, for the purpose of the registration of interests or
notices authorized by any Act other than the Personal Property Security Act to be
registered in the Registry,
(a) “financing statement” is redefined to include a notice of maintenance
obligation being registered under the Maintenance Enforcement Act ;
(b) “secured party” is redefined to include the Director of Maintenance
Enforcement, if the security interest is a notice of maintenance obligation;
(c) “Director of Maintenance Enforcement” means the Director of Maintenance
Enforcement appointed under the Maintenance Enforcement Act ;
(d) “notice of maintenance obligation” means a notice of maintenance obligation
under the Maintenance Enforcement Act .
Subsection 2(2) added: O.I.C. 2006-271, N.S. Reg. 87/2006.
Part II - General
Access to the Registry
(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
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 such days and for such hours as are
specified for that office by the Registrar.
Identification codes
(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 any fees under these regulations or taxes under the Act; and
Clause 4(1)(
a) amended: O.I.C. 2006-271, N.S. Reg. 87/2006.
(
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 to effect a registration unless the
person has been assigned a client number, a user ID and a password by the Registrar
under subsection (1).
Subsection 4(2) amended: O.I.C. 2004-95, N.S. Reg. 24/2004.
(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.
(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,
judgment creditor, claimant, or applicant spouse, as the case may be.
(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, judgment creditor, claimant, or
applicant spouse, as the case may be.
(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 information
required by these regulations is entered in the appropriate fields on the screen.
7 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
(1) For the purposes 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 purposes of subsection (1), if the anniversary of the day of registration falls
on February 29, the anniversary date is deemed to be March 1.
Verification statements
(1) A registrant who effects a registration at an office of the Registry shall be issued a
printed verification statement of the registration on completion of the registration.
(2) Where a registrant effects a registration pursuant to an agreement entered into under
clause 3(1)(b), it is the responsibility of the secured party, judgment creditor,
claimant, or applicant spouse, as the case may be, or person named as such in the
registration, to have a verification statement of the registration printed for the
purposes of compliance with subsection 44(11) of the Act.
Notices of discharge, re-registration, amendment or global change
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,
judgment creditor, claimant, or applicant spouse, as the case may be.
Searches and search results
(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 judgment
debtor shall
(
a) where the judgment debtor is an individual, enter the name of the judgment
debtor in the manner provided under
Section 20 and
Section 20 applies with
the necessary changes in details; and
(
b) where the judgment debtor is an enterprise, enter the name of the judgment
debtor in the manner provided under
Section 21 and
Section 21 applies with
the necessary changes in details.
(3) 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 in
details.
(4) 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.
(5) For the purposes 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.
(6) A person who makes a search of the Registry may elect whether or not to have a
search result printed.
(7) 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.
Registry liability limits
(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.
Deemed damages
(1) For the purposes of subsection 67(3) of the Act, the debtor, or the person named as
debtor, shall be deemed to have suffered damages of not less than $ 300.
(2) For the purposes of subsection 67(4) of the Act, the secured party shall be deemed to
have suffered damages of not less than $300.
Application of Act to interests or notices registered under the authority of other Acts
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 in details to a notice of judgment registered under
Part V, a
notice of claim registered under
Part VI, a notice of an order in respect of matrimonial
assets or business assets registered under
Part VII, and to their registration.
Part III - Registration of a Financing Statement under the Act
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 and a financing statement that is a notice of maintenance obligation.
Section 15 amended: O.I.C. 2006-271, N.S. Reg. 87/2006.
Preliminary registration procedure
16 A registrant who wishes to register a financing statement in relation to a security interest
under the Act or a financing statement that is a notice of maintenance obligation 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.
Section 16 amended: O.I.C. 2006-271, N.S. Reg. 87/2006.
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
(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 1 debtor, the registrant shall identify each
debtor as a separate debtor in the registration.
Debtor (individual) name information
(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 1 middle name,
the registrant shall enter the first of the middle names.
(3) Where the debtor is an individual whose name consists of only 1 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
purposes 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 stated on 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 stated in a current passport issued to the debtor by the
(ii) if the debtor does not have a current Canadian passport, the name stated
on a current social insurance card issued to the debtor by the
(iii) if the debtor does not have a current Canadian passport or social
insurance card, the name 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 stated on 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 stated on 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 stated on 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 stated on 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) despite clauses (
a) to (
d) and subject to clause (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 stated on the debtor’s change of name certificate
or equivalent document, as the case may be;
(
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, clauses (
a) to (
d) continue to apply and both the name of the debtor determined in accordance
with those clauses and the name adopted after marriage shall be registered as
separate debtor (individual) names; and
(
g) in a case not falling within clauses (
a) to (f), the name of the debtor is the name
stated on any 2 of the following documents issued to the debtor by the
(
i) a current motor vehicle operator’s licence,
(ii) a current vehicle registration,
(iii) a current medical insurance card.
(6) For the purposes 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.
Debtor (enterprise) name information
Body corporate
(1) Where the debtor is an enterprise that is a body corporate, the registrant shall enter
the name of the body corporate.
(2) The registrant shall enter, under separate “Debtor (Enterprise)” headings in the
registration, all forms of the name of a debtor that is a body corporate if the name of
the debtor is in more than one of the following forms:
(
b) a French form;
(3) In entering the name of a debtor that is a body corporate, the registrant may enter,
with or without a period, either the abbreviation “Ltd”, “Ltee”, “Ltée”, “Inc”,
“Incorp”, “Corp”, “Co” or “Cie”, as the case may be, or “Limited”, “Limitee”,
“Limitée”, “Incorporated”, “Incorporee”, “Incorporée”, “Corporation”, “Company”
or “Compagnie”, as the case may be.
Estate of deceased individual
(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 1 word in which case only that word shall be entered, followed by the word
“estate”.
Trade union
(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.
Named trust
(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”.
Unnamed 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 1 of the trustees, unless the name of the trustee
consists of only 1 word in which case only that word shall be entered, followed by
the word “trustee”.
Bankrupt individual
(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 1 word in which case only that word shall be
entered, followed by the word “bankrupt”.
Bankrupt enterprise
(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”.
Registered or limited partnership
(10) Where the debtor is a debtor because of membership in an enterprise that is a
partnership, the registrant shall enter
(
a) in the case of a partnership that is registered under the Partnerships and
Business Names Registration Act , the firm name of the partnership as stated in
the certificate of registration issued under that Act; and
(
b) in the case of a limited partnership, the firm name of the limited partnership as
stated in the certificate filed and recorded under the Limited Partnerships Act .
Other partnership
(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.
Syndicate or joint venture
(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.
Other enterprise
(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 purposes of clause (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 stated therein.
Entering names of representatives or members of an enterprise
(16) For the purposes 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 clause (5)(b), (11)(b), subsection (12), clause (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 body corporate is to be entered, the name shall be entered in the
manner provided under
Section 19 and subsections (1) to (3).
Secured party information
(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 in details.
(3) Except as provided in subsection (3A), 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 in details.
Subsection 22(3) amended: O.I.C. 2006-271, N.S. Reg. 87/2006.
(3A) Where the secured party is the Director of Maintenance Enforcement making a
registration under the Maintenance Enforcement Act , the registrant shall indicate that
the secured party is an enterprise and enter the title “Director of Maintenance
Enforcement” as the name of the secured party.
Subsection 22(3A) added: O.I.C. 2006-271, N.S. Reg. 87/2006.
(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 1 secured party, the registrant shall
identify each secured party as a separate secured party in the registration.
Collateral (and proceeds) description
(1) Subject to subsection (2), 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) Where the collateral to which a registration relates is proceeds to be described for the
purposes 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 clause (
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
(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”, “investment
property”, “instrument”, “money” or “intangible”;
Clause 24(1)(
a) amended: O.I.C. 2010-342, N.S. Reg. 137/2010.
(
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”, “investment property”, “instrument”, “money” or “intangible”.
Clause 24(1)(
c) amended: O.I.C. 2010-342, N.S. Reg. 137/2010.
(2) A description is inadequate for the purposes of clause (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 clause (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
(1) Where collateral is to be described by serial number under the heading “Serial
Numbered Collateral Information”, the registrant
(
a) shall indicate the type of serial numbered goods to which the registration
relates after the heading “Serial Collateral Type”;
Clause 25(1)(
a) amended: O.I.C. 2004-95, N.S. Reg. 24/2004.
(
b) shall enter the last 25 characters of the serial number or all the characters if the
serial number contains less than 25 characters after the heading “Serial
Number”;
Clause 25(1)(
b) amended: O.I.C. 2004-95, N.S. Reg. 24/2004.
(
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 any
other particulars.
Subsection 25(1) amended: O.I.C. 2004-95, N.S. Reg. 24/2004.
(2) For the purposes 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 clause (
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 clause (
f) or (
g) is the serial number marked on, or
attached to, the airframe by the manufacturer.
(3) Where collateral referred to in clause (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 6 characters that is marked
on, or attached to, the collateral.
Continuation of prior security interest
(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
Corporations Securities Registration 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
Corporations Securities Registration 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 - Registration of a Notice of the Appointment of a Receiver
under
Section 65 of the Act
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
(
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 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
(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 1 debtor, the registrant shall identify each
debtor as a separate debtor in the registration.
Receiver information
(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 in details.
(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 in details.
(4) The registrant shall enter the address of the office in the Province where the records
referred to in clause 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
(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, if any, 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 - Registration of a Notice of Judgment under the Creditors’ Relief Act
Application
37 This Part applies to the registration of a notice of judgment as authorized by
Section 2A of
the Creditors’ Relief Act .
Preliminary registration procedure
38 A registrant who wishes to register a notice of judgment 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 judgment.
Particulars of judgment
39 The registrant shall
(
a) indicate the court that rendered the judgment;
(
b) indicate the judicial district, if any, of the court that rendered the judgment;
(
c) enter the court file number;
(
d) enter the date of the judgment to which the registration relates with the number
of the year entered first followed by the number of the month followed by the
number of the day; and
(
e) enter the amount of the judgment, including costs and accrued interest.
Duration of registration
40 The registrant shall specify the period of time during which the registration of the notice of
judgment is to be effective by entering a whole number from 1 to 20 indicating the number
of years, but in no case shall the aggregate registration life of the notice of judgment
exceed 20 years from the date of the judgment to which the registration relates.
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.
Judgment debtor information
(1) Where the judgment debtor is an individual, the registrant shall enter, under the
heading “Judgment Debtor (Individual)”, the name, in the manner provided under
Section 20, and address of the judgment debtor and
Section 20 applies with the
necessary changes in details.
(2) Where the judgment debtor is an enterprise, the registrant shall enter, under the
heading “Judgment Debtor (Enterprise)”, the name, in the manner provided under
Section 21, and address of the judgment debtor and
Section 21 applies with the
necessary changes in details.
(3) Where the judgment debtor is an individual, the registrant may enter the birth date of
the judgment 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 judgment 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 judgment debtor, the registrant shall
identify each judgment debtor as a separate judgment debtor in the registration.
Judgment creditor information
(1) The registrant shall indicate whether the judgment creditor is an individual or an
enterprise.
(2) Where the judgment creditor is an individual, the registrant shall enter the name, in
the manner provided under
Section 20, and address of the judgment creditor and
Section 20 applies with the necessary changes in details.
(3) Where the judgment creditor is an enterprise, the registrant shall enter the name, in
the manner provided under
Section 21, and address of the judgment creditor and
Section 21 applies with the necessary changes in details.
(4) The registrant may enter the judgment creditor’s phone number and fax number.
(5) Where the judgment creditor 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 1 judgment creditor, the registrant shall
identify each judgment creditor as a separate judgment creditor in the registration.
Default description
44 The Registrar may provide, under the heading “General Collateral”, a default description
indicating that the personal property of the judgment debtor to which the registration of a
notice of judgment relates is all the present and after-acquired personal property of the
judgment debtor.
Description of serial numbered goods
(1) The registrant shall enter, in accordance with
Section 25, a description of the
personal property of the judgment debtor that is consumer goods that are serial
numbered goods and, in such a case,
Section 25 applies with the necessary changes
in details.
(2) The registrant may enter, in accordance with
Section 25, a description of the
personal property of the judgment debtor that is equipment that is serial numbered
goods and, in such a case,
Section 25 applies with the necessary changes in details.
Additional information
46 Under the heading “Additional Information”, the registrant
(
a) shall enter the name of a party to the judgment to which the registration relates
as named in the judgment, if different than the name of that party as entered in
the Registry; and
(
b) may enter any other information relating to the registration that the registrant
wishes.
Part VI - Registration of a Notice of Claim under the Creditors’ Relief Act
Application
47 This Part applies to the registration of a notice of claim as authorized by
Section 2C of the
Creditors’ Relief Act .
Preliminary registration procedure
48 A registrant who wishes to register a notice of claim 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 claim.
Particulars of claim
(1) The registrant shall, in the case of a warrant for the arrest and imprisonment of a
debtor issued under the Collection Act ,
(
a) indicate the court that issued the warrant or made the order, as the case may be;
(
b) indicate the judicial district, if any, of the court that issued the warrant or made
the order, as the case may be;
(
c) enter the court file number;
(
d) enter the amount of the claim, where appropriate; and
(
e) enter, under the heading “Additional Information”,
(
i) the date of the warrant or order to which the registration relates, and
(ii) the names of the parties to the warrant or order.
(2) The registrant shall, in the case of an assignment for the general benefit of creditors
made under the Assignments and Preferences Act , enter, under the heading
“Additional Information”,
(
a) the date of the assignment to which the registration relates; and
(
b) the names of the parties to the assignment.
Duration of registration
50 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
51 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
(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 1 debtor, the registrant shall identify each
debtor as a separate debtor in the registration.
Claimant information
(1) The registrant shall indicate whether the claimant is an individual or an enterprise.
(2) Where the claimant is an individual, the registrant shall enter the name, in the
manner provided under
Section 20, and address of the claimant and
Section 20
applies with the necessary changes in details.
(3) Where the claimant is an enterprise, the registrant shall enter the name, in the
manner provided under
Section 21, and address of the claimant and
Section 21
applies with the necessary changes in details.
(4) The registrant may enter the claimant’s phone number and fax number.
(5) Where the claimant 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 1 claimant, the registrant shall identify
each claimant as a separate claimant in the registration.
Property description
54 The registrant may enter, in accordance with Sections 23 to 25, a description of the
personal property of the debtor affected by the warrant, assignment or order to which the
registration relates and, in such a case, Sections 23 to 25 apply with the necessary changes
in details.
Additional information
55 The registrant may enter, under the heading “Additional Information”, any information
relating to the registration that the registrant wishes.
Part VII - Registration of a Notice of an Order in Respect of Personal Property
under the Matrimonial Property Act
Application
56 This Part applies to the registration of a notice of an order in respect of matrimonial assets
or business assets as authorized by
Section 20 of the Matrimonial Property Act .
Preliminary registration procedure
57 A registrant who wishes to register a notice of an order in respect of personal property
made under subsection 20(2) or 20(3) of the Matrimonial Property 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 a Matrimonial Property Act
personal property order.
Particulars of order
58 The registrant shall
(
a) indicate the court that made the order;
(
b) indicate the judicial district, if any, of the court that made the order; and
(
c) enter the court file number.
Duration of registration
59 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
60 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
(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 in details.
(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
62 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 in details.
General description of personal property subject to order
63 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 relates.
Description of serial numbered goods
64 Under the heading “Serial Numbered Collateral”, the registrant shall enter, in accordance
with
Section 25, a description of the personal property to which the order relates that are
serial numbered goods.
Additional information
65 Under the heading “Additional Information”, the registrant
(
a) shall enter the date of the order to which the registration relates;
(
b) shall enter the name of a party to the order to which the registration relates as
named in the order, if different than the name of that party as entered in the
Registry; and
(
c) may enter any other information relating to the registration that the registrant
wishes.
Part VIII - Renewals, Discharges, Re-registrations and Amendments
Application
66 This Part applies
(
a) to the renewal, discharge, re-registration under subsection 36(7) of the Act and
amendment of a financing statement registered under
Part III and a notice of
the appointment of a receiver registered under
Part IV;
(
b) with the necessary changes in details, to the renewal, discharge, re-registration
under subsection 36(7) of the Act and amendment of a notice of judgment
registered under
Part V, a notice of claim registered under
Part VI, and a notice
of an order in respect of personal property registered under
Part VII; and
(
c) to an amendment that globally changes multiple registrations.
Registrations under prior registration law
67 An unexpired registration under prior registration law shall only be renewed, discharged or
amended by registering a financing statement in accordance with
Part III to continue the
registration in the Registry after which the registration may be renewed, discharged or
amended in accordance with this Part.
Renewals
(1) 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) subject to subsection (2), 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.
(2) Where a registrant wishes to renew the registration of a notice of judgment registered
under
Part V, the registrant shall specify the period of time for which the registration
is to be extended by entering a whole number indicating the number of years, but in
no case shall the aggregate registration life of the notice of judgment exceed 20 years
from the date of the judgment to which the registration relates.
Discharges
69 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.
70 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
71 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
(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 clause (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
(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 clause (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
(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 or
in which the collateral is to be added; and
Clause 74(1)(
d) amended: O.I.C. 2004-95, N.S. Reg. 24/2004.
(
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
75 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) if the subordination relates to only part of the collateral, enter a statement
describing the collateral to which the subordination relates; and
(
g) if 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
76 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
77 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
(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
79 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 IX - Security Interests in Fixtures and Crops: Registration
of Notice in Registry of Deeds
Application
80 This Part applies to the registration in the registries of deeds of a notice of a security
interest in fixtures or crops under
Section 50 of the Act.
Contents of notice
(1) Where a secured party wishes to register notice of a security interest in goods that are
or may become fixtures or in crops that are growing or to be grown, the secured
party shall submit a notice in Form 1 to the appropriate 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 Registry Act .
Renewal, amendment, discharge, transfer or subordination
(1) If a notice registered under subsection 81(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
Form 2 to the appropriate 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 of deeds, 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 Registry Act .
Part X - Fees
(1) The following fees are payable for registrations and searches in the Registry:
Clauses 83(1)(a)-(
d) repealed: O.I.C. 2006-271, N.S. Reg. 87/2006.
(
e) to discharge a registration no fee;
(
f) to re-register a registration under subsection 36(7)
of the Act no fee;
Clauses 83(1)(g)-(
h) repealed: O.I.C. 2006-271, N.S. Reg. 87/2006.
(
i) to search the Registry $8.75 per search.
Clause 83(1)(
i) amended: O.I.C. 2015-96, N.S. Reg. 143/2015.
(2) The fees provided for in subsection (1) shall be charged on completion of the
registration or search.
(3) 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.
84 The fee payable for the registration of a notice under subsection 50(3) or (7) of the Act is
the applicable fee charged by the Registry of Deeds for registration of a document.
85 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 the
sum of
(a) $20.00; and
(b) $0.50 for each page of a security agreement including any amendments if a
demand is made for a copy of the security agreement.
86 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 the sum of
(a) $20.00; and
(b) $0.50 for each page of the receiver’s financial statement or final account if a
demand is made for copies of the financial statement or final account.
Form 1 - Notice of Security Interest
(Fixtures or Crops)
( Personal Property Security Act ,
Chapter 13 of the
Acts of Nova Scotia, 1995-96, subsection 50(2))
TAKE NOTICE that a security interest in collateral that is or may become a fixture or crop
attaching to land has been created and that the particulars of the security interest are as
follows:
Debtor - Name and Address:
Secured Party - Name and Address:
Description of Collateral:
The land on which the collateral is or will be located or affixed is described as follows:
( provide legal description, attach a
schedule if necessary )
Name of owner of land as it appears in the registry of deeds (if different from the debtor’s
name):*
The security agreement providing for this security interest is/is not a trust indenture.*
The registration of this notice is effective for ____ years from registration.*
This notice is an infinite registration.*
*DELETE INAPPLICABLE PORTIONS
DATED this ____ day of _________________, 19___.
WITNESS
Signature of Secured Party or Agent
Form 2 - Notice Of Change Of Security Interest
(Fixtures or Crops)
( Personal Property Security Act ,
Chapter 13 of the
Acts of Nova Scotia, 1995-96, subsection 50(6))
TAKE NOTICE that the security interest in respect of which a notice was registered as
document number __________ in book ______ at page _____ particulars of which are as
follows:
Debtor - Name and Address:
Secured Party - Name and Address:
The land in relation to which the original notice was registered is described as follows:
( provide legal description, attach a
schedule if necessary )
Name of owner of land as it appears in the registry of deeds (if different from the debtor’s
name):
has been*
- renewed for a period of ______ years.
- renewed to infinity.
- totally discharged.
- partially discharged as to the collateral described as follows:
( describe collateral released from the security interest )
- partially discharged as to the land described as follows:
( provide legal description, attach a
schedule if necessary )
- subordinated to the interest of:
( provide name and address )
in the _______________________ registered as document number ____
( describe nature of interest )
in book ___ at page ___ .
- transferred to:
( provide name and address )
- amended as follows:
( provide particulars of the amendment )
*DELETE INAPPLICABLE PORTIONS
Dated this ____ day of _______________, 19____.
WITNESS
Signature of Secured Party or Agent