Acts and Regulations

P-7.1 - Personal Property Security Act

Full text
Compulsory discharge or amendment of registration
50(1)In this section
“debtor” includes any person named as a debtor in a registered financing statement;(débiteur)
“secured party” includes any person named as a secured party in a registered financing statement.(partie garantie)
50(2)If a registration relates exclusively to a security interest in consumer goods, the secured party shall discharge the registration within thirty days after all obligations under the security agreement creating the security interest are performed, unless the registration lapses before the expiry of that thirty day period.
50(3)The debtor, or any person with an interest in property that falls within the collateral description included in a registered financing statement, may give a written demand to the secured party if
(a) all of the obligations under the security agreement to which the financing statement relates have been performed,
(b) the secured party has agreed to release part or all of the collateral described in the collateral description included in the financing statement,
(c) the collateral described in the collateral description included in the financing statement includes an item or kind of property that is not collateral under a security agreement between the secured party and the debtor, or
(d) no security agreement exists between the secured party and the debtor.
50(4)A demand under subsection (3) may require that the secured party, within fifteen days after the demand is given, register a financing change statement
(a) discharging the registration in a case within paragraph (3)(a) or (d),
(b) amending or discharging the registration so as to reflect the terms of the agreement in a case within paragraph (3)(b), or
(c) amending the collateral description to exclude items or kinds of property that are not collateral under a security agreement between the secured party and the debtor in a case within paragraph (3)(c).
50(5)If a secured party fails to comply with a demand under subsection (3) within fifteen days after it is given, or fails to give to the person giving the demand an order of the Court confirming that the registration need not be amended or discharged, the person giving the demand may register the financing change statement referred to in subsection (4).
50(6)A demand under subsection (3) may be given in accordance with section 69 or by registered mail addressed to the address of the secured party that was registered as part of the financing statement.
50(7)On application by the secured party, the Court may order that the registration
(a) be maintained on any condition, and subject to section 44, for any period of time, or
(b) be discharged or amended.
50(8)Subsection (5) does not apply to the registration of a security interest provided for in a trust indenture if the registration discloses that the security agreement providing for the security interest is a trust indenture.
50(9)In a case within subsection (8), if the secured party fails to comply with a demand under subsection (3) within fifteen days after it is given, the person making the demand may apply to the Court for an order directing that the registration be amended or discharged.
50(10)No fee or expense shall be charged by a secured party for compliance with a demand given under subsection (3) unless the charge was agreed to by the parties before the demand was given.
50(11)Where there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations or otherwise give value, a secured party having control of investment property under paragraph 25(1)(b) of the Securities Transfer Act or subparagraph 1(2)(d)(ii) of this Act shall, within 10 days after receipt of a written demand by the debtor, send to the securities intermediary or futures intermediary with which the security entitlement or futures contract is maintained a written record that releases the securities intermediary or futures intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party.
2008, c.S-5.8, s.109
Compulsory discharge or amendment of registration
50(1)In this section
“debtor” includes any person named as a debtor in a registered financing statement;
“secured party” includes any person named as a secured party in a registered financing statement.
50(2)If a registration relates exclusively to a security interest in consumer goods, the secured party shall discharge the registration within thirty days after all obligations under the security agreement creating the security interest are performed, unless the registration lapses before the expiry of that thirty day period.
50(3)The debtor, or any person with an interest in property that falls within the collateral description included in a registered financing statement, may give a written demand to the secured party if
(a) all of the obligations under the security agreement to which the financing statement relates have been performed,
(b) the secured party has agreed to release part or all of the collateral described in the collateral description included in the financing statement,
(c) the collateral described in the collateral description included in the financing statement includes an item or kind of property that is not collateral under a security agreement between the secured party and the debtor, or
(d) no security agreement exists between the secured party and the debtor.
50(4)A demand under subsection (3) may require that the secured party, within fifteen days after the demand is given, register a financing change statement
(a) discharging the registration in a case within paragraph (3)(a) or (d),
(b) amending or discharging the registration so as to reflect the terms of the agreement in a case within paragraph (3)(b), or
(c) amending the collateral description to exclude items or kinds of property that are not collateral under a security agreement between the secured party and the debtor in a case within paragraph (3)(c).
50(5)If a secured party fails to comply with a demand under subsection (3) within fifteen days after it is given, or fails to give to the person giving the demand an order of the Court confirming that the registration need not be amended or discharged, the person giving the demand may register the financing change statement referred to in subsection (4).
50(6)A demand under subsection (3) may be given in accordance with section 69 or by registered mail addressed to the address of the secured party that was registered as part of the financing statement.
50(7)On application by the secured party, the Court may order that the registration
(a) be maintained on any condition, and subject to section 44, for any period of time, or
(b) be discharged or amended.
50(8)Subsection (5) does not apply to the registration of a security interest provided for in a trust indenture if the registration discloses that the security agreement providing for the security interest is a trust indenture.
50(9)In a case within subsection (8), if the secured party fails to comply with a demand under subsection (3) within fifteen days after it is given, the person making the demand may apply to the Court for an order directing that the registration be amended or discharged.
50(10)No fee or expense shall be charged by a secured party for compliance with a demand given under subsection (3) unless the charge was agreed to by the parties before the demand was given.
50(11)Where there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations or otherwise give value, a secured party having control of investment property under paragraph 25(1)(b) of the Securities Transfer Act or subparagraph 1(2)(d)(ii) of this Act shall, within 10 days after receipt of a written demand by the debtor, send to the securities intermediary or futures intermediary with which the security entitlement or futures contract is maintained a written record that releases the securities intermediary or futures intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party.
2008, c.S-5.8, s.109
Compulsory discharge or amendment of registration
50(1)In this section
“debtor” includes any person named as a debtor in a registered financing statement;
“secured party” includes any person named as a secured party in a registered financing statement.
50(2)If a registration relates exclusively to a security interest in consumer goods, the secured party shall discharge the registration within thirty days after all obligations under the security agreement creating the security interest are performed, unless the registration lapses before the expiry of that thirty day period.
50(3)The debtor, or any person with an interest in property that falls within the collateral description included in a registered financing statement, may give a written demand to the secured party if
(a) all of the obligations under the security agreement to which the financing statement relates have been performed,
(b) the secured party has agreed to release part or all of the collateral described in the collateral description included in the financing statement,
(c) the collateral described in the collateral description included in the financing statement includes an item or kind of property that is not collateral under a security agreement between the secured party and the debtor, or
(d) no security agreement exists between the secured party and the debtor.
50(4)A demand under subsection (3) may require that the secured party, within fifteen days after the demand is given, register a financing change statement
(a) discharging the registration in a case within paragraph (3)(a) or (d),
(b) amending or discharging the registration so as to reflect the terms of the agreement in a case within paragraph (3)(b), or
(c) amending the collateral description to exclude items or kinds of property that are not collateral under a security agreement between the secured party and the debtor in a case within paragraph (3)(c).
50(5)If a secured party fails to comply with a demand under subsection (3) within fifteen days after it is given, or fails to give to the person giving the demand an order of the Court confirming that the registration need not be amended or discharged, the person giving the demand may register the financing change statement referred to in subsection (4).
50(6)A demand under subsection (3) may be given in accordance with section 69 or by registered mail addressed to the address of the secured party that was registered as part of the financing statement.
50(7)On application by the secured party, the Court may order that the registration
(a) be maintained on any condition, and subject to section 44, for any period of time, or
(b) be discharged or amended.
50(8)Subsection (5) does not apply to the registration of a security interest provided for in a trust indenture if the registration discloses that the security agreement providing for the security interest is a trust indenture.
50(9)In a case within subsection (8), if the secured party fails to comply with a demand under subsection (3) within fifteen days after it is given, the person making the demand may apply to the Court for an order directing that the registration be amended or discharged.
50(10)No fee or expense shall be charged by a secured party for compliance with a demand given under subsection (3) unless the charge was agreed to by the parties before the demand was given.