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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

2     (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

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.

 

       (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

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)    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.

 

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, 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

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.

 

       (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

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.

 

       (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

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.

 

       (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

12   (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

13   (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

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.

 

       (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

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.

 

       (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 Government of Canada,

 

                         (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 Government of Canada, or

 

                         (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 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.

 

       (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

21   (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:

 

                (a)    an English form;

 

                (b)    a French form;

 

                (c)    a combined English-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

22   (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

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.

 

       (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

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”;

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

25   (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

26   (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

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.

 

       (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

33   (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

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.

 

       (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

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 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

43   (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

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 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

49   (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

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.

 

       (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

53   (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

61   (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

68   (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

72   (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

73   (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

74   (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

78   (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

81   (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

82   (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

 

83   (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