Acts and Regulations

95-57 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 95-57
under the
Personal Property Security Act
(O.C. 95-378)
Filed March 31, 1995
Under section 71 of the Personal Property Security Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Personal Property Security Act.
I
INTERPRETATION
Definitions
2In this Regulation
“Act” means the Personal Property Security Act;(Loi)
“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;(aéronef)
“applicant spouse” means a spouse in whose favour an order in respect of household goods is made under subsection 27(3) or paragraph 23(1)(d) of the Marital Property Act;(conjoint demandeur)
“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;(bateau)
“claimant” means a person who has obtained a preservation order under Part 3 of the Enforcement of Money Judgments Act;(réclamant)
“debtor” means (débiteur)
(a) if the registration is in respect of a security interest or a notice of the appointment of a receiver, a debtor as defined in subsection 1(1) of the Act, and,
(b) if the registration is in respect of a notice of claim as authorized by subsection 18(1) of the Enforcement of Money Judgments Act, a person against whom a preservation order has been issued under Part 3 of that Act;
“employee” means, in sections 5, 9 and 10, the Director under the Employment Standards Act;(salarié)
“employer” means an employer named in a certificate referred to in subsection 38.1(1) of the Employment Standards Act;(employeur)
“enterprise” includes a partnership, body corporate, association, organization, estate of a deceased individual, estate of a bankrupt, trade union, trust, syndicate or joint venture, but does not include an individual;(entreprise)
“judgment creditor” means a judgment creditor as defined in section 1 of the Enforcement of Money Judgments Act;(créancier sur jugement)
“judgment debtor” means a judgment debtor as defined in section 1 of the Enforcement of Money Judgments Act;(débiteur sur jugement)
“land registration office” means a land registration office as defined in subsection 49(1) of the Act;(bureau de l’enregistrement de bien-fonds)
“land registry” means a land registry as defined in subsection 49(1) of the Act;(registre de bien-fonds)
“mobile home” means a structure, whether ordinarily equipped with wheels or not, that is not self-propelled and is designed(maison mobile)
(a) to be moved from one place to another by being towed or carried, and
(b) to be used as a dwelling house or premises, a business office or premises, or accommodation for any other purpose;
“motor vehicle” means a mobile device that is propelled primarily by any power other than muscle power(véhicule à moteur)
(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 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;
“printed” includes typed, stamped or machine printed;(imprimé)
“prior registration law” means prior registration law as defined in subsection 73(1) of the Act;(loi d’enregistrement antérieure)
“registrant” means the person who enters data in the Registry in relation to a registration;(enregistreur)
“registration family” means the registration originally entered in the Registry and all subsequent registrations that renew, amend, re-register or discharge that registration;(famille d’enregistrements)
“respondent spouse” means a spouse against whom an order in respect of household goods is made under subsection 27(3) or paragraph 23(1)(d) of the Marital Property Act;(conjoint défendeur)
“screen” means an electronically reproduced image that is used for the purpose of verifying data entry in the Registry;(écran)
“serial numbered goods” means a motor vehicle, trailer, mobile home, aircraft, boat or an outboard motor for a boat;(objets numérotés en série)
“tractor” means a self-propelled vehicle that is designed primarily for drawing other vehicles or machines;(tracteur)
“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.(remorque)
2005-111; 2019-36
II
GENERAL
Access to the Registry
3(1)A person who wishes to have access to the Registry to effect a registration or make a search may
(a) apply to the Registrar at any office of the Registry, or
(b) enter into an agreement with the Registrar that provides for access to the Registry in such manner and on such terms and conditions as the Registrar considers advisable.
3(2)The location of the offices of the Registry shall be designated by Service New Brunswick.
3(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.
2004-37
Identification Codes
4(1)The Registrar may assign a client number, a user ID and a password to a person who wishes to have access to the Registry
(a) on making arrangements satisfactory to the Registrar for the payment of any fees under this Regulation, and
(b) where the person wishes to effect a registration, on receiving proof satisfactory to the Registrar of the identity of the person.
4(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).
4(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(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.
2004-37
Identification Codes
5(1)A registrant may enter the secured party number assigned by the Registrar under subsection 4(3), instead of the name and address, of the secured party, receiver, judgment creditor, claimant, employee or applicant spouse, as the case may be.
5(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.
5(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, employee or applicant spouse, as the case may be.
5(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
6A registrant who effects a registration in the Registry shall ensure that the information required by this Regulation is entered in the appropriate fields on the screen.
Responsibility of Registrants
7The Registrar may permit a registration to be effected in the Registry without proof that
(a) the client number given by the registrant is the client number assigned by the Registrar to the registrant under subsection 4(1), or
(b) the registrant has authority to effect the registration.
Calculation of Registration Life
8(1)For the 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.
8(2)For the purposes of subsection (1), if the anniversary of the day of registration falls on the twenty-ninth day of February, the anniversary date is deemed to be the first day of March.
Verification Statements
9(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.
9(2)Where a registrant effects a registration pursuant to an agreement entered into under paragraph 3(1)(b), it is the responsibility of the secured party, judgment creditor, claimant, employee 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 43(11) of the Act.
Notices of Discharge, Re-registration, Amendment or Global Change
10Where 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, employee or applicant spouse, as the case may be.
Searches and Search Results
11(1)A person who makes a search of the Registry according to the name of the debtor shall
(a) where the debtor is an individual, enter the name of the debtor in the manner provided under section 20, and
(b) where the debtor is an enterprise, enter the name of the debtor in the manner provided under section 21.
11(2)A person who makes a search of the Registry according to the name of the judgment debtor or employer shall
(a) where the judgment debtor or employer, as the case may be, is an individual, enter the name of the judgment debtor or employer in the manner provided under section 20 and section 20 applies with the necessary modifications, and
(b) where the judgment debtor or employer, as the case may be, is an enterprise, enter the name of the judgment debtor or employer in the manner provided under section 21 and section 21 applies with the necessary modifications.
11(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 modifications.
11(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.
11(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.
11(6)A person who makes a search of the Registry may elect whether or not to have a search result printed.
11(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
12(1)The maximum total amount recoverable in a single action under section 52 of the Act is two hundred thousand dollars.
12(2)The maximum total amount recoverable for all claims in a single action under section 53 of the Act is two million dollars.
Deemed Damages
13(1)For the purposes of subsection 66(3) of the Act, the debtor, or the person named as debtor, shall be deemed to have suffered damages of not less than three hundred dollars.
13(2)For the purposes of subsection 66(4) of the Act, the secured party shall be deemed to have suffered damages of not less than three hundred dollars.
Application of Act to Interests or Notices Registered under the Authority of Other Acts
14(1)Subject to subsection (2), the following provisions of the Act apply, with the necessary modifications, to a notice of judgment registered under Part V, a notice of claim registered under Part VI, a notice of a certificate registered under Part VII, a notice of an order in respect of household goods registered under Part VIII, and to their registration:
(a) subsection 35(7);
(b) section 42;
(c) section 43, except subsections (5) and (6);
(d) section 44;
(e) section 45, except subsection (6);
(f) sections 46 to 48;
(g) section 50, except subsections (2), (8) and (9);
(h) section 51, except subsection (3);
(i) section 52; and
(j) section 54.
14(2)Section 50 of the Act does not apply to a notice of judgment registered under Part V.
2019-36
III
REGISTRATION OF A FINANCING STATEMENT UNDER THE ACT
Application
15This Part applies to the registration in the Registry of a financing statement in relation to a security interest under the Act including a prior security interest that was registered under prior registration law.
Preliminary Registration Procedure
16A registrant who wishes to register a financing statement in relation to a security interest under the Act shall indicate
(a) that the registrant wishes to have access to the Registry to effect a registration,
(b) that the registrant wishes to enter a registration, and
(c) that the registrant wishes to register a PPSA financing statement.
Duration of Registration
17The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from one to twenty-five indicating the number of years or by selecting infinity.
Your File Number
18For 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 twelve characters.
Debtor Information
19(1)Where the debtor is an individual, the registrant shall enter, under the heading “Debtor (Individual)”, the name, in the manner provided under section 20, and address of the debtor.
19(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.
19(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.
19(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.
19(5)Where a registration applies to more than one debtor, the registrant shall identify each debtor as a separate debtor in the registration.
Debtor (Individual) Name Information
20(1)Where the debtor is an individual, the registrant shall enter the last name followed by the first name followed by the middle name, if any, of the debtor.
20(2)Where the debtor is an individual whose name includes more than one middle name, the registrant shall enter the first of the middle names.
20(3)Where the debtor is an individual whose name consists of only one word, the registrant shall enter that word in the field for entering the last name of the debtor.
20(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).
20(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 as stated in the debtor’s birth certificate or equivalent document issued by the government agency;
(b) where the debtor was born in Canada but the debtor’s birth is not registered in Canada with a government agency responsible for the registration of births, the name of the debtor is
(i) the name as stated in a current passport issued to the debtor by the Government of Canada,
(ii) if the debtor does not have a current Canadian passport, the name as stated in a current social insurance card issued to the debtor by the Government of Canada, or
(iii) if the debtor does not have a current Canadian passport or social insurance card, the name as stated in a current passport issued to the debtor by the government of a jurisdiction other than Canada where the debtor habitually resides;
(c) where the debtor was not born in Canada but is a Canadian citizen, the name of the debtor is the name as stated in the debtor’s certificate of Canadian citizenship;
(d) where the debtor was not born in Canada and is not a Canadian citizen, the name of the debtor is
(i) the name as stated in a current visa issued to the debtor by the Government of Canada,
(ii) if the debtor does not have a current Canadian visa, the name as stated in a current passport issued to the debtor by the government of the jurisdiction where the debtor habitually resides, or
(iii) if the debtor does not have a current Canadian visa or a current passport, the name as stated in the birth certificate or equivalent document issued to the debtor by the government agency responsible for the registration of births at the place where the debtor was born;
(e) notwithstanding paragraphs (a) to (d) and subject to paragraph (f), if the debtor changes his or her name after marriage or in accordance with change of name legislation, the name of the debtor is the name adopted by the debtor after marriage, if that name is recognized under the law of the jurisdiction where the debtor habitually resides, or the name as stated in the debtor’s change of name certificate or equivalent document, 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, paragraphs (a) to (d) continue to apply and both the name of the debtor determined in accordance with those paragraphs and the name adopted after marriage shall be registered as separate debtor (individual) names; and
(g) in a case not falling within paragraphs (a) to (f), the name of the debtor is the name as stated in any two of the following documents issued to the debtor by the Government of Canada or of a province or territory of Canada:
(i) a current motor vehicle operator’s licence;
(ii) a current vehicle registration;
(iii) a current medical insurance card.
20(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.
20(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
21(1)Where the debtor is an enterprise that is a body corporate, the registrant shall enter the name of the body corporate.
Body Corporate
21(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:
(a) an English form;
(b) a French form;
(c) a combined English-French form.
Body Corporate
21(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
21(4)Where the debtor is an enterprise that is the estate of a deceased individual, the registrant shall enter the first name followed by the first of the middle names, if any, followed by the last name of the deceased, unless the name of the deceased consists of only one word in which case only that word shall be entered, followed by the word “estate”.
Trade Union
21(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
21(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
21(7)Where the debtor is a trustee acting for an enterprise that is in the form of a trust, and the document creating the trust does not designate the name of the trust, the registrant shall enter the first name followed by the first of the middle names, if any, followed by the last name of at least one of the trustees, unless the name of the trustee consists of only one word in which case only that word shall be entered, followed by the word “trustee”.
Bankrupt Individual
21(8)Where the debtor is a trustee acting for an enterprise that is in the form of the estate of a bankrupt individual, the registrant shall enter the first name followed by the first of the middle names, if any, followed by the last name of the bankrupt, unless the name of the bankrupt consists of only one word in which case only that word shall be entered, followed by the word “bankrupt”.
Bankrupt Enterprise
21(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
21(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 registered under that Act, and
(b) in the case of a limited partnership, the firm name of the partnership as stated in the declaration filed under the Limited Partnership Act.
Other Partnership
21(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.
Other Partnership
21(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
21(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
21(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.
Other Enterprise
21(15)For the purposes of paragraph (14)(a), if the name of the association, organization or enterprise is stated in a constitution, charter or other document creating it, the registrant shall enter the name in the form stated therein.
Entering Names of Representatives or Members of an Enterprise
21(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.
Entering Names of Representatives or Members of an Enterprise
21(17)Where, under paragraph (5)(b), (11)(b), subsection (12), paragraph (13)(b) or (14)(b),
(a) the name of an individual is to be entered, the name shall be entered in the manner provided under sections 19 and 20, or
(b) the name of a 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
22(1)The registrant shall indicate whether the secured party is an individual or an enterprise.
22(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 modifications.
22(3)Where the secured party is an enterprise, the registrant shall enter the name, in the manner provided under section 21, and address of the secured party and section 21 applies with the necessary modifications.
22(4)The registrant may enter the secured party’s phone number and fax number.
22(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.
22(6)Where a registration applies to more than one secured party, the registrant shall identify each secured party as a separate secured party in the registration.
99-20
Collateral (and Proceeds) Description
23(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.
23(2)Where the collateral to which a registration relates is proceeds to be described for the purposes of subsection 28(3) or (4) of the Act, and the collateral is
(a) consumer goods that are serial numbered goods, the registrant shall enter a description of the collateral in accordance with section 25,
(b) equipment that is serial numbered goods, the registrant shall
(i) enter a description of the collateral in accordance with section 25, or
(ii) enter a description of the collateral in accordance with section 24 and indicate that the description relates to proceeds, or
(c) collateral not referred to in paragraph (a) or (b), the registrant shall enter a description of the collateral in accordance with section 24 and indicate that the description relates to proceeds.
General Description of Collateral
24(1)Where collateral is to be described other than by serial number, the registrant shall enter
(a) a description of the collateral by item or kind or by reference to one or more of the following: “goods”, “document of title”, “chattel paper”, “investment property”, “instrument”, “money” or “intangible”,
(b) a statement that a security interest is taken in all of the debtor’s present and after-acquired personal property, or
(c) a statement that a security interest is taken in all of the debtor’s present and after-acquired personal property except specified items or kinds of personal property or except one or more of the following: “goods”, “document of title”, “chattel paper”, “investment property”, “instrument”, “money” or “intangible”.
24(2)A description is inadequate for the purposes of paragraph (1)(a) if it describes the collateral as consumer goods or equipment without further describing the item or kind of collateral, but where the personal property to be excluded from a description of collateral under paragraph (1)(c) is the consumer goods of the debtor, the excluded property may be described simply as consumer goods.
24(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.
2009-116
Description of Serial Numbered Goods
25(1)Where collateral is to be described by serial number, the registrant, in the block of data labelled “Serial Numbered Collateral Information”,
(a) shall enter the last twenty-five characters of the serial number or all the characters if the serial number contains less than twenty-five characters in the field labelled “Serial Number”,
(b) may verify the serial number entered by entering it a second time in the field labelled “Rekey Serial Number”,
(c) shall indicate the type of serial numbered goods to which the registration relates by entering or selecting the appropriate code in the field labelled “Serial Collateral Type”, and
(d) may describe the collateral by make, manufacturer, model, model year or any other particulars in the field labelled “Description”.
25(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 paragraph (c) is the serial number marked on, or attached to, the boat by the manufacturer,
(e) an outboard motor for a boat is the serial number marked on, or attached to, the outboard motor by the manufacturer,
(f) an aircraft that must be registered under the Aeronautics Act (Canada) or regulations made under that Act in order to be operated in Canada is the registration marks assigned to the airframe by the Department of Transport (Canada), omitting any hyphen,
(g) an aircraft that must be registered under the law of a state, other than Canada, that is a party to the Convention on International Civil Aviation 1944 (Chicago) is the registration marks assigned to the airframe by the relevant licensing authority, omitting any hyphen, and
(h) an aircraft not referred to in paragraph (f) or (g) is the serial number marked on, or attached to, the airframe by the manufacturer.
25(3)Where collateral referred to in paragraph (2)(a), (b), (d), (e) or (h) does not have a serial number or vehicle identification number marked on, or attached to, it by the manufacturer, the serial number is any number of at least six characters that is marked on, or attached to, the collateral.
99-20; 2004-37
Continuation of Prior Security Interest
26(1)Where a registrant wishes to continue the registered and perfected or perfected status of a prior security interest referred to in section 74 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 74 of the Act.
26(2)Where a financing statement is registered under section 74 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 Corporation 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 Corporation Securities Registration Act, enter “not applicable”, 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.
26(3)Where a financing statement is registered under section 74 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 74(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.
99-20
Additional Information
27The registrant may enter, under the heading “Additional Information”, any information relating to the registration that the registrant wishes.
IV
REGISTRATION OF A NOTICE OF THE APPOINTMENT OF A RECEIVER UNDER SECTION 64 OF THE ACT
Application
28This Part applies to the registration in the Registry of a notice of the appointment of a receiver as authorized by section 64 of the Act.
Preliminary Registration Procedure
29A 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
30The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from one to twenty-five indicating the number of years or by selecting infinity.
Your File Number
31For 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 twelve characters.
Debtor Information
32(1)Where the debtor is an individual, the registrant shall enter, under the heading “Debtor (Individual)”, the name, in the manner provided under section 20, and address of the debtor.
32(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.
32(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.
32(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.
32(5)Where a registration applies to more than one debtor, the registrant shall identify each debtor as a separate debtor in the registration.
Receiver Information
33(1)The registrant shall indicate whether the receiver is an individual or an enterprise.
33(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 modifications.
33(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 modifications.
33(4)The registrant shall enter the address of the office in the Province where the records referred to in paragraph 64(2)(d) of the Act shall be maintained.
33(5)The registrant may enter the receiver’s phone number and fax number.
33(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.
99-20
Particulars of Appointment
34(1)The registrant shall, in the case of a court appointed receiver,
(a) indicate the court that made the appointment,
(b) indicate the judicial district, 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.
34(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.
99-20
Collateral Description
35The 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
36The registrant may enter, under the heading “Additional Information”, any information relating to the registration that the registrant wishes.
V
REGISTRATION OF A NOTICE OF JUDGMENT UNDER THE ENFORCEMENT OF
MONEY JUDGMENTS ACT
2019-36
Application
37This Part applies to the registration of a notice of judgment as authorized by subsection 21(1) of the Enforcement of Money Judgments Act.
2019-36
Preliminary Registration Procedure
38A 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
39The 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.
99-20
Duration of Registration
40The 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 one to 15 indicating the number of years, but no registration of a notice of judgment is effective more than 15 years after the date of the judgment.
2019-36
Your File Number
41For 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 twelve characters.
Judgment Debtor Information
42(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 modifications.
42(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 modifications.
42(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.
42(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.
42(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
43(1)The registrant shall indicate whether the judgment creditor is an individual or an enterprise.
43(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 modifications.
43(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 modifications.
43(4)The registrant may enter the judgment creditor’s phone number and fax number.
43(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.
43(6)Where a registration applies to more than one judgment creditor, the registrant shall identify each judgment creditor as a separate judgment creditor in the registration.
99-20
Default Description
44The 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
45(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 modifications.
45(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 modifications.
Additional Information
46Under 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.
VI
REGISTRATION OF A NOTICE OF CLAIM UNDER THE ENFORCEMENT OF
MONEY JUDGMENTS ACT
2019-36
Application
47This Part applies to the registration of a notice of claim as authorized by subsection 18(1) of the Enforcement of Money Judgments Act.
2019-36
Preliminary Registration Procedure
48A 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
49(1)The registrant shall
(a) indicate the court that issued the preservation order to which the notice of claim relates,
(b) indicate the judicial district of the court that issued the preservation order,
(c) enter the court file number,
(d) enter the amount of the claim, if known, and
(e) enter, under the heading “Additional Information”,
(i) the date of the preservation order,
(ii) the name of the claimant, and
(iii) the name of the debtor.
49(2)Repealed: 2005-111
99-20; 2005-111; 2019-36
Duration of Registration
50The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from one to twenty-five indicating the number of years or by selecting infinity.
Your File Number
51For 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 twelve characters.
Debtor Information
52(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.
52(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.
52(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.
52(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.
52(5)Where a registration applies to more than one debtor, the registrant shall identify each debtor as a separate debtor in the registration.
Claimant Information
53(1)The registrant shall indicate whether the claimant is an individual or an enterprise.
53(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 modifications.
53(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 modifications.
53(4)The registrant may enter the claimant’s phone number and fax number.
53(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.
53(6)Where a registration applies to more than one claimant, the registrant shall identify each claimant as a separate claimant in the registration.
99-20
Property Description
54The registrant may enter, in accordance with sections 23 to 25, a description of the personal property of the debtor affected by the warrant or order to which the registration relates and, in such a case, sections 23 to 25 apply with the necessary modifications.
2005-111
Additional Information
55The registrant may enter, under the heading “Additional information”, any information relating to the registration that the registrant wishes.
VII
REGISTRATION OF A NOTICE OF A CERTIFICATE UNDER THE EMPLOYMENT STANDARDS ACT
Application
56(1)This Part applies to the registration of a notice of a certificate in respect of an employees’ lien as authorized by subsection 38.1(6.1) of the Employment Standards Act.
56(2)Registrations under this Part shall be made by or on behalf of the Director under the Employment Standards Act.
Preliminary Registration Procedure
57A registrant who wishes to register a notice of a certificate under this Part 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 an Employment Standards Act employees’ lien.
Duration of Registration
58The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from one to ten indicating the number of years.
Amount of Lien
59The registrant shall enter the amount of money stated in the certificate referred to in subsection 38.1(1) of the Employment Standards Act.
Your File Number
60For 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 twelve characters.
Employer Information
61(1)Where the employer is an individual, the registrant shall enter, under the heading “Employer (Individual)”, the name, in the manner provided under section 20, and address of the employer and section 20 applies with the necessary modifications.
61(2)Where the employer is an enterprise, the registrant shall enter, under the heading “Employer (Enterprise)”, the name, in the manner provided under section 21, and address of the employer and section 21 applies with the necessary modifications.
61(3)Where the employer is an individual, the registrant may enter the birth date of the employer with the number of the year entered first followed by the number of the month followed by the number of the day.
61(4)Where the employer 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.
61(5)Where a registration applies to more than one employer, the registrant shall identify each employer as a separate employer in the registration.
Employee Information
62Instead of entering the name and address of the employee in whose favour the certificate referred to in subsection 38.1(1) of the Employment Standards Act was issued, the registrant may indicate that the employee is the same person as the registrant.
Default Description
63The Registrar may provide, under the heading “General Collateral”, a default description indicating that the personal property of the employer to which the registration of a notice of a certificate relates is all the present and after-acquired personal property of the employer.
Additional Information
64The registrant may enter, under the heading “Additional Information”, any information relating to the registration that the registrant wishes.
VIII
REGISTRATION OF A NOTICE OF AN ORDER IN RESPECT OF HOUSEHOLD GOODS UNDER THE MARITAL PROPERTY ACT
Application
65This Part applies to the registration of a notice of an order in respect of household goods as authorized by subsection 30(1) of the Marital Property Act.
2018-38
Preliminary Registration Procedure
66A registrant who wishes to register a notice of an order in respect of household goods made under subsection 27(3) or paragraph 23(1)(d) of the Marital 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 Marital Property Act household goods order.
Particulars of Order
67The 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.
99-20
Duration of Registration
68The registrant shall specify the period of time during which the registration is to be effective by entering a whole number from one to twenty-five indicating the number of years.
Your File Number
69For 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 twelve characters.
Respondent Spouse Information
70(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 modifications.
70(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
71The 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 modifications.
General Description of Household Goods Subject to Order
72Under the heading “General Collateral”, the registrant shall enter, in accordance with section 24, a description of the household goods, other than serial numbered goods, to which the order relates.
Description of Serial Numbered Goods
73Under the heading “Serial Numbered Collateral”, the registrant shall enter, in accordance with section 25, a description of the household goods to which the order relates that are serial numbered goods.
Additional Information
74Under 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.
IX
RENEWALS, DISCHARGES, RE-REGISTRATIONS AND AMENDMENTS
Application
75This Part applies
(a) to the renewal, discharge, re-registration under subsection 35(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 modifications, to the renewal, discharge, re-registration under subsection 35(7) of the Act and amendment of a notice of judgment registered under Part V, a notice of claim registered under Part VI, a notice of a certificate registered under Part VII and a notice of an order in respect of household goods registered under Part VIII, and
(c) to an amendment that globally changes multiple registrations.
Registrations under Prior Registration Law
76An 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
77(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 subsections (2) and (3), specify the period of time for which the registration is to be extended by entering a whole number from one to 25 indicating the number of years or by selecting infinity.
77(2)If 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 no registration of a notice of judgment is effective more than 15 years after the date of the judgment.
77(3)Where a registrant wishes to renew the registration of a notice of a certificate registered under Part VII, 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 a certificate exceed ten years from the date of the original registration.
2019-36
Discharges
78A 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.
99-20
Discharges
79On the expiration of thirty 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
80A registrant who wishes to re-register a registration under subsection 35(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.
99-20
Amendment - Change of Debtor Information
81(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.
81(2)Where a registrant amends a registration under this section to disclose a transfer to a new debtor of only part of the collateral to which the registration relates, the registrant shall, in addition to entering the information referred to in paragraph (1)(f), enter, under the heading “Additional Information”, a statement describing the part of the collateral that is being transferred and identifying the debtor to whom it is being transferred.
Amendment - Change of Secured Party Information
82(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.
82(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.
82(3)Where a registrant amends a registration under this section to disclose a transfer of only part of the interest of a secured party, the registrant shall, in addition to entering the information referred to in paragraph (1)(f), enter, under the heading “Additional Information”, a statement specifying the part of the interest that is being transferred and identifying the secured party to whom it is being transferred.
Amendment - Change of Collateral Information
83(1)A registrant who wishes to amend a registration to add, change or delete collateral information shall
(a) indicate that the registrant wishes to have access to the Registry to effect a registration,
(b) indicate that the registrant wishes to amend a registration,
(c) enter the registration number of any registration that forms part of the registration family to be amended,
(d) locate the screen displaying the description of the collateral to be amended, and
(e) effect the amendment in the manner provided in this section.
83(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.
83(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.
83(4)Sections 23 to 25 apply to a registration under this section.
Amendment - Subordination
84A 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
85A 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
86Where 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
87(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.
87(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
88A 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.
X
SECURITY INTERESTS IN FIXTURES AND CROPS: REGISTRATION OF NOTICE IN LAND REGISTRY
Application
89This Part applies to the registration in the land registry of a notice of a security interest in fixtures or crops under section 49 of the Act.
Contents of Notice
90(1)Where a secured party wishes to register notice of a security interest in goods which are or may become fixtures or in crops that are growing or to be grown, the secured party shall submit a notice in Form 1 to the appropriate land registration office, 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 land registry, including the parcel identifier of the land,
(e) the name of the owner of the land as it appears in the land registry, 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.
90(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.
99-20
Renewal, Amendment, Discharge, Transfer or Subordination
91(1)If a notice registered under subsection 90(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 land registration office, 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 land registry, if different from the debtor’s name,
(f) in the case of a renewal, the period of time during which the renewal of the notice is to be effective, expressed in multiples of whole years or infinity,
(g) in the case of a total discharge, a statement that the security interest is totally discharged,
(h) in the case of a partial discharge releasing part of the collateral from the security interest, a description of the collateral released from the security interest,
(i) in the case of a partial discharge releasing all of the collateral from part of the land in relation to which the original notice was registered, a description of the land to which the discharge relates, sufficient for the purpose of identification in the land registry, including the parcel identifier of the land,
(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.
91(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.
99-20
XI
FEES
Fees
92(1)The following fees are payable for registrations and searches in the Registry:
(a) to effect a registration where the period of time during which the registration is to be effective is 1 to 25 years..............$25.00, plus $9.00 per year;
(b) to  effect  a  registration  where  the  period  of  time  during  which  the  registration  is  to  be  effective is infinity..............$500.00;
(c) to renew a registration where the period of time for which the registration is to be extended is 1 to 25 years..............$9.00 per year;
(d) to  renew  a  registration  where  the  period  of  time  for  which  the  registration  is  to  be  extended is infinity..............$500.00;
(e) to discharge a registration..............no fee;
(f) to re-register a registration under subsection 35(7) of the Act.............. no fee;
(g) to amend a registration..............$10.00;
(h) to  effect  a  global  change  of  multiple registrations..............$500.00; and
(i) to search the Registry..............$10.00 per search.
92(2)The fees provided for in subsection (1) shall be charged on completion of the registration or search.
92(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.
2004-122; 2011-11; 2016-10
Fees
93The fee payable for the registration of a notice under subsection 49(3) or (7) of the Act is the fee prescribed by paragraph 3(1)(a) of the Fees Regulation - Registry Act.
Fees
94Where a demand for information has been made under section 18 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.
Fees
95Where a demand has been made under subsection 64(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.
XII
REPEAL AND COMMENCEMENT
Repeal and Commencement
96New Brunswick Regulation 83-179 under the Assignment of Book Debts Act is repealed.
Repeal and Commencement
97New Brunswick Regulation 82-196 under the Bills of Sale Act is repealed.
Repeal and Commencement
98New Brunswick Regulation 82-69 under the Conditional Sales Act is repealed.
Repeal and Commencement
99New Brunswick Regulation 83-172 under the Corporation Securities Registration Act is repealed.
Repeal and Commencement
100New Brunswick Regulation 84-61 under the Forest Products Loans Act is repealed.
Repeal and Commencement
101This Regulation comes into force on April 18, 1995.
N.B. This Regulation is consolidated to December 1, 2019.