Acts and Regulations

P-7.1 - Personal Property Security Act

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Security interests in crops
1994, c.22, s.6
37(1)In this section
“secured party” includes a receiver.
37(2)Except as provided in subsections (3), (4), (5) and (7), a security interest in crops has priority with respect to the crops over a claim to the crops made by a person with an interest in the land.
37(3)A security interest in crops is subordinate to the interest of a person who acquires for value an interest in the land while the crops are growing crops, including an assignee for value of the interest of a person with an interest in the land while the crops are growing crops, if the interest is acquired without fraud and before notice of the security interest is registered in accordance with section 49.
37(4)A security interest in crops is subordinate to the interest of a person with a registered mortgage of the land who, after the crops become growing crops,
(a) makes an advance under the mortgage, but only with respect to that advance, or
(b) obtains an order for sale or foreclosure,
without fraud and before notice of the security interest in the crops is registered in accordance with section 49.
37(5)If a notice of a security interest in crops has not been registered in accordance with section 49 when a search is made of the records of a land registry office or the title register of a land title office by or on behalf of a person with a registered mortgage of the land, any advance under the mortgage made on the same day that the search was made shall be deemed to have been made before registration of a notice under section 49, notwithstanding that the notice was registered on the same day that the search was made.
37(6)The priority under this section of a person with an interest in the land referred to in subsection (3) or of a person with a registered mortgage of the land referred to in subsection (4) is not affected by priority rights in the land under the Registry Act or the Land Titles Act.
37(7)A security interest in crops is subordinate to the interest of a creditor of the debtor who causes a judgment affecting the land to be registered in the records of the appropriate land registry office or the title register of the appropriate land titles office under the Enforcement of Money Judgments Act before notice of the security interest is registered in accordance with section 49.
37(8)The interest of a creditor of the debtor referred to in subsection (7) does not take priority over a purchase money security interest in the crops or a security interest in the crops referred to in subsection 34(8) if a notice of the security interest in the crops is registered in accordance with section 49 not later than fifteen days after the security interest in the crops attaches.
37(9)Subsections 36(11) to (19) apply with the necessary modifications to the seizure and removal of growing crops from land.
1995, c.33, s.5; 2004, c.35, s.5; 2013, c.32, s.30
Security interests in crops
1994, c.22, s.6
37(1)In this section
“secured party” includes a receiver.
37(2)Except as provided in subsections (3), (4), (5) and (7), a security interest in crops has priority with respect to the crops over a claim to the crops made by a person with an interest in the land.
37(3)A security interest in crops is subordinate to the interest of a person who acquires for value an interest in the land while the crops are growing crops, including an assignee for value of the interest of a person with an interest in the land while the crops are growing crops, if the interest is acquired without fraud and before notice of the security interest is registered in accordance with section 49.
37(4)A security interest in crops is subordinate to the interest of a person with a registered mortgage of the land who, after the crops become growing crops,
(a) makes an advance under the mortgage, but only with respect to that advance, or
(b) obtains an order for sale or foreclosure,
without fraud and before notice of the security interest in the crops is registered in accordance with section 49.
37(5)If a notice of a security interest in crops has not been registered in accordance with section 49 when a search is made of the records of a land registry office or the title register of a land title office by or on behalf of a person with a registered mortgage of the land, any advance under the mortgage made on the same day that the search was made shall be deemed to have been made before registration of a notice under section 49, notwithstanding that the notice was registered on the same day that the search was made.
37(6)The priority under this section of a person with an interest in the land referred to in subsection (3) or of a person with a registered mortgage of the land referred to in subsection (4) is not affected by priority rights in the land under the Registry Act or the Land Titles Act.
37(7)A security interest in crops is subordinate to the interest of a creditor of the debtor who causes a memorial of judgment affecting the land to be registered in the records of the appropriate land registry office or the title register of the appropriate land titles office under the Memorials and Executions Act before notice of the security interest is registered in accordance with section 49.
37(8)The interest of a creditor of the debtor referred to in subsection (7) does not take priority over a purchase money security interest in the crops or a security interest in the crops referred to in subsection 34(8) if a notice of the security interest in the crops is registered in accordance with section 49 not later than fifteen days after the security interest in the crops attaches.
37(9)Subsections 36(11) to (19) apply with the necessary modifications to the seizure and removal of growing crops from land.
1995, c.33, s.5; 2004, c.35, s.5