Personal Property Registry Regulation
This regulation sets the filing, content, search, fee, and correction rules for Personal Property Registry registrations.
- Jurisdiction
- Canada — Manitoba
- Instrument
- Regulation
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This page preserves the statute’s identified version, provision structure, official source link, and stored legal text for reading and research.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Personal Property Registry Regulation
Showing 1 of 1
- § Verify source ↗
Personal Property Registry Regulation
This regulation sets the filing, content, search, fee, and correction rules for Personal Property Registry registrations.
Personal Property Registry Regulation, M.R. 80/2000 The Personal Property Security Act , C.C.S.M. c. P35 Regulation 80/2000 Registered June 23, 2000 bilingual version (HTML) Table of Contents Section INTERPRETATION AND GENERAL PROVISIONS 1 Definitions 2 Repealed 3 General requirements re registration 4 Printed financing statements 5 Proof of identity or authority not required 6 Date, time and number of registration 7 Correction of error 8 Statement confirming registration 9 Party codes ORIGINAL FINANCING STATEMENT 10 Restricted meaning of "financing statement" 11 Enabling statute, expiry date and general information 12 Registrant information 13 Debtor information — individuals and artificial bodies 14 Debtor information — individual 15 Debtor information — artificial bodies 16 Debtor carrying on business under other name 17 Separate entries for separate names 18 Secured party information 19 Manner of describing collateral 20 Collateral description — not serial numbered 21 Collateral description — serial numbered goods 22 Additional information FINANCING CHANGE STATEMENT 23 General requirements 24 Renewal of registration 25 Transfer of collateral to new debtor and other changes 26 Transfer of security interest and other changes 27 Change to collateral information 28 Subordination of security Interest 29 Other changes DISCHARGE STATEMENT 30 Discharge of registration OTHER REGISTRATIONS 31 Notice of appointment of receiver 32 L.T.O. registrations 33 Registration of statutory lien or other interest SEARCHES 34 Methods of submitting search requests 35 Methods of searching 36 Search results 37 Requirement to information MISCELLANEOUS 38 Limitation on amount recoverable under section 52 39 Limitation on amount recoverable under section 53 40 Prescribed fee limits 41 Minimum damages under subsection 65(6) or (7) 42 Repeal 43 Coming into force INTERPRETATION AND GENERAL PROVISIONS Definitions 1 In this regulation, "Act" means The Personal Property Security Act ; («  Loi  ») "aircraft" means a machine capable of deriving support in the atmosphere from the reactions of the air, other than a machine designed to derive support in the atmosphere from reactions against the earth's surface of air expelled from the machine; (« aéronef ») "artificial body" includes a partnership, a corporation, an unincorporated association, organization, syndicate or joint venture, the estate of a bankrupt, a trade union, and a trust, but does not include an individual; (« personne morale ») "boat" means a vessel that is designed for transporting persons or things on water and that is propelled primarily by any power other than muscle power; (« bateau ») "individual" means a natural person and includes the estate of a deceased individual; (« particulier ») "mobile home" means a structure, whether ordinarily equipped with wheels or not, that is not self-propelled and is designed (a) to be moved from one place to another by being towed or carried, and (b) to be used as a dwelling house or premises, or accommodation for any other purpose; (« maison mobile ») "motor vehicle" means a mobile device that is propelled primarily by any power other than muscle power (a) in, on or by which a person or thing may be transported or drawn, and that is designed for use on a road or natural terrain, or (b) that is being used in the construction or maintenance of roads, and includes a pedal bicycle with a motor attached, a combine or a tractor, but does not include a device that runs on rails and does not include machinery, other than a combine or a tractor, designed for use in farming; (« véhicule automobile ») "serial numbered goods" means (a) except where clause (b) applies, motor vehicles, trailers, mobile homes, aircraft, boats or outboard motors for boats, and (b) in relation to a registration that was made before the Act came into force, collateral referred to in clause (a) that, under the law in force immediately before the Act came into force, was, or was required to be, described in the area of the financing statement designated for motor vehicle description; (« objets portant un numéro de série ») "tractor" means a self-propelled vehicle that is designed primarily for drawing other vehicles or machines; (« tracteur ») "trailer" means a device in, on or by which a person or thing may be transported or drawn that is not self-propelled and that is designed to be drawn on a road by a motor vehicle, but does not include a mobile home. (« remorque ») 2 [Repealed] M.R. 77/2014 Methods of submitting financing statement 3(1) A financing statement may be submitted for registration in the Registry (a) by submitting a printed version of the statement to the office of the Registry, or to any other office or address specified by the Registrar, during the regular hours of business of the Registry office; or (b) by transmitting an electronic version of the statement to the Registry in a form and manner that meets the electronic filing requirements of the Registry. Limitations re characters 3(2) No field of information in a financing statement may contain (a) more than 20,000 characters, including non-printing characters; and (b) a character that is not in the ISO Latin alphabet No. 1. Security agreement not to be filed 3(3) When a financing statement is submitted for registration, it shall not be accompanied by the security agreement or other document creating the security interest. Form of printed financing statement 4(1) A printed financing statement submitted for registration must conform to the design approved by the Registrar. Registrar may approve nonconforming statement 4(2) Despite subsection (1), the Registrar may approve for registration a printed financing statement that does not conform to the approved design. Clarity of information 4(3) The information required or permitted to be set out in a printed financing statement shall be set out in a manner suitable to be photographed or otherwise reproduced, and shall be machine printed in black ink with clear, neat and legible characters and without corrections that may create an ambiguity. Signature 4(4) A printed financing statement shall set out the signature of (a) the secured party; (b) an individual authorized to sign the statement on behalf of the secured party, together with machine printed or stamped name of the individual; or (c) a person, other than the secured party, who has authority under the Act or any other Act to file the statement. Proof of identity or authority not required 5 The Registrar may permit the registration of a financing statement without proof that (a) in the case of a printed statement, the signature on the statement is that of a person mentioned in subsection 4(4); (b) the registrant has the authority to file the statement; (c) in the case of an electronic statement, the registrant has the authority to use the userid used by the registrant to access the Registry; (d) any party code specified on the statement for the secured party or the registrant is the party code assigned to that secured party or registrant under section 9. Assignment of date, time and number of registration 6(1) When a financing statement is entered in the Registry, it shall be assigned a registration number and the date and time that the entry is completed. Printed financing statement takes effect on registration 6(2) Despite the earlier receipt of a printed financing statement by the Registry office, the registration of a printed financing statement is not effective before the date and time assigned under subsection (1). Correction of error 7 If a registration contains an error caused by the Registrar or a Registry employee in the registration of a printed financing statement, the Registrar or a secured party named in the registration may effect an amendment of the registration to reflect the information set out in the printed financing statement. Statement confirming registration 8 The Registrar shall cause a statement confirming the registration of a financing statement to be issued and sent to, or held for pick-up by, (a) each secured party named in the registration; and (b) the registrant, if the registrant is not a secured party named in the registration and has requested a copy of the confirmation. Party codes 9(1) The Registrar may, upon application by or on behalf of any person, cause a party code to be assigned to the person. The information referred to in subsection (2) will be associated in the Registry with the person's party code. Application for party code 9(2) An application under subsection (1) may be submitted in a printed or electronic form designed or approved by the Registrar, and shall set out the following information in the appropriate fields under the heading "Create Party Code": (a) the person's name; (b) the person's address; (c) the person's telephone number; (d) the person's fax number or e-mail address, depending on the person's preferred methods of delivery under clause (e); and (e) from among the options set out on the application form, the person's preferred method of delivery of the following: (i) a statement confirming registration of a financing statement, (ii) a printed search result, (iii) a copy of a printed registered document. ORIGINAL FINANCING STATEMENT Restricted meaning of "financing statement" 10 In sections 11 to 21, "financing statement" does not include a financing change statement or a discharge statement. General Information Enabling statute and expiry date 11(1) A financing statement (a) shall set out the name of the Act pursuant to which the financing statement is submitted for registration; (b) shall specify, in the appropriate field under the heading "General Information", either (i) the expiry date of the registration in the format of four digits representing the year followed by two digits representing the month followed by two digits representing the day, or (ii) by selecting the option titled "infinity", that the registration has no expiry date. Other general information 11(2) A financing statement to effect a new registration under the Act may set out, under the heading "General Information", that the registration refers to (a) a security interest in goods perfected under the law of another jurisdiction; (b) a purchase money security interest in collateral; (c) a trust indenture; or (d) the appointment of a receiver. Registrant Information Registrant information 12 The registrant of a financing statement who is not a secured party named in the financing statement and wishes to receive a statement confirming the registration of the financing statement, shall set out, in the appropriate fields under the heading "Registering Agent Information", (a) either the party code of the registrant or the name and address of the registrant; (b) the registrant's request for the confirmation to be sent by mail, fax or e-mail, or held for pick-up; and (c) the registrant's fax number or e-mail address, as the case may be, if the registrant requested the confirmation to be sent by fax or e-mail. Debtor Information Debtor information — individual 13(1) If the debtor is an individual, the financing statement shall set out, under the heading "Individual Debtors", (a) in the manner required by section 14, all information required by that section to be set out in relation to the name and birth date of the debtor; and (b) in the fields designated for the address of the debtor, the debtor's address. Debtor information — artificial body 13(2) If the debtor is an artificial body, the financing statement shall set out, under the heading "Business Debtors" or "Individual Debtors" or both as required by section 15, (a) in the manner required by section 15, all information required by that section to be set out in relation to the debtor; and (b) in the fields designated for the address of the debtor, the debtor's address. Individual debtor's name and birth date 14(1) If the debtor is an individual, the financing statement shall set out (a) in the field designated for the debtor's surname, the debtor's surname or, if the debtor's name does not include both a surname and a first given name, the debtor's full name; (b) in the field designated for it, the debtor's first given name, if any; (c) in the field designated for it, the debtor's second given name, if any; and (d) in the fields designated for the debtor's birth date, the four digits representing the year of birth, followed by the two digits representing month of birth, followed by the two digits representing the day of birth. Determining name of individual debtor 14(2) For the purpose of subsection (1), the name of the debtor shall be determined, as of the date of the event or transaction to which the financing statement relates, by the following rules: (a) if the debtor was born in Canada and his or her birth is registered in Canada with a government agency responsible for the registration of births, the debtor's name is the name stated in the debtor's birth certificate or equivalent document issued by the agency; (b) if the debtor was born in Canada but his or her birth is not registered in Canada with a government agency responsible for the registration of births, the debtor's name is (i) if the debtor has a current passport issued to the debtor by the Government of Canada, the name as stated in the passport, (ii) if the debtor does not have a current passport but has a social insurance card issued to the debtor by the Government of Canada, the name as in the social insurance card, and (iii) if the debtor does not have a current passport or a social insurance card issued by the Government of Canada, but has a current passport issued to the debtor by another jurisdiction where the debtor habitually resides, the name as stated in that passport; (c) if the debtor was not born in Canada, but is a Canadian citizen, the debtor's name is his or her name as stated on his or her certificate of citizenship; (d) if the debtor was not born in Canada and is not a Canadian citizen, the debtor's name is (i) if the debtor has a current visa issued to him or her by the Government of Canada, the name on the visa, (ii) if the debtor does not have a current visa issued to him or her by the Government of Canada but has a current passport issued to the debtor by another jurisdiction where the debtor habitually resides, the name as stated in that passport, (iii) if the debtor does not have a visa or passport referred to in subclause (ii), the name as stated in the birth certificate or equivalent document issued to the debtor by the government agency responsible for the registration of births at the place where the debtor was born; and (e) despite clauses (a) to (d) but subject to clause (f), if the debtor's name is changed after marriage or in accordance with legislation respecting name changes, the name of the debtor is the name adopted after marriage, if that name is recognized under the law of the jurisdiction where the debtor habitually resides, or as stated in the debtor's change of name certificate or similar document, as the case may be; (f) if 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 the person had before marriage and the debtor uses both names, the financing statement shall set out, as separate individual debtors, the debtor's name determined under clauses (a) to (d) and the name adopted by the debtor after marriage; (g) in any case where the debtor's name cannot be determined under clauses (a) to (f), the debtor's name is the name as stated in any two of the following documents issued to the debtor by the Government of Canada or by 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. Debtor name — estate of deceased 14(3) If the debtor is the estate of a deceased individual, the debtor's name for the purpose of subsection (1) shall be the name of the individual determined in accordance with subsection (2) as of the time immediately before his or her death. Debtor name — corporation 15(1) If the debtor is a corporation, the financing statement shall set out the name of the corporation in the field designated for the name of the business debtor. Multiple forms of name 15(2) The financing statement shall set out all forms of the debtor's name if the debtor is a corporation whose name is in more than one of the following forms: (a) an English form; (b) a French form; (c) a combined English and French form. Debtor name — partnership 15(3) If the debtor is a partnership, the financing statement shall set out in the field designated for the name of the business debtor, (a) the name under which the partnership is registered under The Business Names Registration Act ; or (b) if the partnership is not registered under that Act, the name of the partnership as set out in the security agreement. Debtor names — partners 15(4) If the debtor is a partnership other than a limited partnership, the financing statement shall also set out the name of each member of the partnership (a) as required by section 14, if the member is an individual; and (b) as required by this section, if the member is an artificial body. Debtor name — trust 15(5) If the debtor is an artificial body that is a trust, the financing statement shall set out, (a) in the field designated for the name of the business debtor, the name given to the trust in the document that established the trust, if it was given a name in that document; and (b) the name of each trustee of the trust, (i) as required by section 14, if the trustee is an individual, and (ii) as required by this section, if the trustee is an artificial body. Debtor name — trade union 15(6) If the debtor is a trade union, the financing statement shall set out, in the field designated for the name of a business debtor, the name of the trade union. Debtor name — other artificial body 15(7) If the debtor is an artificial body not referred to in any of subsections (1) to (6), the financing statement shall set out (a) in the field designated for the name of the business debtor, the name of the artificial body; and (b) the name of each person who signs the security agreement on behalf of the artificial body, (i) as required by section 14, if the person is an individual, and (ii) as required by this section, if the person is an artificial body. Debtor carrying on business under other name 16 Where the debtor carries on business under a name or style other than the debtor's own name, the financing statement may set out, in the field designated for the name of a business debtor, the name or style under which the business is carried on. Separate entries for separate names 17 If a financing statement is required or permitted to set out more than one name or form of name for a debtor or secured party, the names or forms of name shall be entered in separate fields as if they were the names of separate debtors or secured parties. Secured Party Information Secured party name and address or party code 18(1) A financing statement shall set out, in the appropriate fields under the heading "Secured Party", using separate fields for each secured party if there is more than one, either the name and address of the secured party or the secured party's party code. Other information 18(2) For each secured party named in a financing statement, the financing statement may set out, in the appropriate fields under the heading "Secured Party", any or all of the following information: (a) the telephone number, fax number or e-mail address of the secured party; (b) whether the statement confirming registration is to be sent by mail, fax or e-mail to the secured party, or whether it is to be held at the Registry office for pick-up; (c) a file reference for the secured party. Default method of delivery 18(3) If the financing statement does not indicate a preference for any other method of delivery to the secured party of the statement confirming registration, the Registrar shall cause it to be sent by ordinary mail to the secured party at the address shown for the secured party in the financing statement. Collateral Information Manner of describing collateral 19 Collateral to which a financing statement relates shall be described (a) according to section 20, if the collateral consists of goods that are not serial numbered goods; (b) according to section 21, if the collateral consists of consumer goods that are serial numbered goods; or (c) according to section 20 or 21, if the collateral consists of serial numbered goods that are equipment or inventory. Collateral description — not serial numbered 20 For collateral that is to be described under this section, the financing statement shall set out the following information under the heading "General Collateral Description": (a) a description of the collateral by item or kind; (b) a statement that a security interest is taken in all of the debtor's present and after-acquired property; or (c) a statement that a security interest is taken in all of the debtor's present and after-acquired property except for specified items or kinds of personal property. Collateral — serial numbered goods 21(1) For collateral that is to be described under this section, the financing statement shall set out for each item, under the heading "Serial Numbered Goods", (a) the serial number; (b) the applicable category from the list of categories included in the definition "serial numbered goods" in section 1; (c) the model year; and (d) a general description of the item. Determination of serial number 21(2) For the purpose of subsection (1), the serial number of a serial numbered good is (a) for a motor vehicle other than a combine or tractor, the vehicle identification number marked on, or attached to, the body frame by the manufacturer; (b) for a combine, tractor, mobile home or trailer, the serial number marked on, or attached to, the chassis by the manufacturer; (c) for a boat that can be registered, recorded or licensed under the Canada Shipping Act (Canada), the registration, recording or licence number assigned to the boat under that Act; (d) for a boat not referred to in clause (c), the serial number marked on, or attached to, the boat by the manufacturer; (e) for an outboard motor for a boat, the serial number marked on, or attached to, the outboard motor by the manufacturer; (f) for an aircraft that must be registered under the Aeronautics Act (Canada) or regulations made under that Act in order to be operated in Canada, the registration marks assigned to the airframe by the Department of Transport (Canada); (g) for 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) , the registration marks assigned to the airframe by the relevant licensing authority; and (h) for an aircraft not referred to in clause (f) or (g), the serial number marked on, or attached to, the airframe by the manufacturer. Absence of manufacturer's serial number or v.i.n. 21(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 six characters that is marked on, or attached to, the collateral. Additional Information Additional information 22 A financing statement may set out under the heading "Additional Information" (a) that the registration refers to the reregistration of a security interest not more than 30 days after the previous registration was allowed to lapse or was discharged without authorization or in error; and (b) any other information relating to the debtor, the secured party, the registrant or any other matter relating to the registration. FINANCING CHANGE STATEMENTS General General requirements 23 A financing change statement shall set out (a) under the heading "Request for Change", in order to identify the registration to be affected, (i) the registration number of the registration to be changed, and (ii) the name of one debtor and one secured party named in the registration to be changed; (b) in the appropriate fields under the heading "Registering Agent Information", if the registrant is not the secured party and wishes to receive a statement confirming the registration of the financing change statement, (i) either the party code of the registrant or the name and address of the registrant, (ii) the registrant's request for the confirmation to be sent by mail, fax or e-mail or held for pick-up, and (iii) the registrant's fax number or e-mail address, as the case may be, if the registrant requests the confirmation to be sent by fax or e-mail; and (c) all other information required by sections 24 to 29 for the financing change statement. Renewal Renewal of registration 24(1) When submitting a financing change statement to renew a registration, the registrant shall specify in the appropriate fields under the heading "General Information", either (a) the expiry date of the renewed registration in the format of four digits representing the year followed by two digits representing the month followed by two digits representing the day; or (b) by selecting the option titled "infinity", that the renewed registration has no expiry date. Transitional: collateral other than serial numbered goods 24(2) When submitting a financing change statement to renew a registration that was made before this regulation came into force, the registrant shall set out a description of the collateral in accordance with section 20 if (a) the financing change statement is the first renewal of the registration after the regulation came into force; and (b) the collateral includes collateral that was described on an Additional General Schedule of Collateral. Change in Debtor Information Transfer of collateral to new debtor 25(1) If all or part of the collateral referred to in a registration is transferred to one or more new debtors, the financing change statement to register the change shall (a) for each new debtor who is an individual, set out according to sections 13 and 14 the name, address and birth date of the new debtor; (b) for each new debtor that is an artificial body, set out according to sections 13 and 15 the name and address of the new debtor and any other information required by section 15 in relation to the new debtor; (c) if any currently listed debtor is to be deleted, (i) in the case of a printed financing change statement, set out the name and address of the debtor to be deleted, or (ii) in the case of an electronic financing change statement, indicate which of the debtors currently listed in the registration is to be deleted from the registration; and (d) if only part of the collateral is transferred, set out under the heading "Additional Information" a description of the transferred collateral. Other change in debtor information 25(2) If a debtor's name or any other registered information relating to a debtor is changed, the financing change statement to register the change shall set out, according to sections 13 to 15, the revised information for the debtor. Change in Secured Party Information Amendment — transfer of security interest 26(1) If all or part of a registered security interest is transferred to one or more new secured parties, the financing change statement to register the change (a) shall set out under the heading "Secured Parties", the name and address of each secured party to be added to the registration as a secured party; (b) if any currently listed secured party is to be deleted from the registration, (i) in the case of a printed financing change statement, shall set out the party code or the name and address of the secured party to be deleted, or (ii) in the case of an electronic financing change statement, shall indicate which of the secured parties currently listed in the registration is to be deleted; and (c) if a secured party transfers part of an interest in part of the collateral, shall set out under the heading "Additional Information" a description of the collateral the interest in which is transferred. Other change in secured party information 26(2) If a secured party's name or any other registered information relating to a secured party is changed, the financing change statement to register the change shall set out, according to section 18, the revised information for the secured party. Global changes 26(3) A financing change statement that is intended to change the secured party information for all registrations in which the secured party is associated with a specified party code shall, (a) in the "Global Change" portion of the statement, set out in the appropriate fields under the heading "Party Codes", the current party code and new party code; and (b) if it is submitted as a printed financing statement, shall specify for each party code the name of the secured party to which it is assigned. Change to Collateral Information Change to collateral information 27(1) A registrant wishing to amend a registration to add, change or delete collateral information may submit for registration a financing change statement that sets out (a) where the collateral to be deleted, changed or added is, or is to be, described under section 20, the revised description of the collateral under the heading "General Collateral Description"; (b) where the collateral to be deleted, changed or added is, or is to be, described under section 21, (i) in the case of an addition, the information required by that section for a serial numbered good, (ii) in the case of a change to an existing item, the revised information for that item, and (iii) in the case of the deletion of an existing item information sufficient to identify the item to be deleted and an indication that it is to be deleted. Partial discharge or release of collateral 27(2) If part of the collateral is to be deleted from a registration by a financing change statement referred to in subsection (1), the financing change statement shall set out, under the heading "Additional Information", a statement indicating that the financing change statement is partially discharging the registration or releasing part of the collateral described or referred to in the registration. Application of sections 19 to 21 27(3) Sections 19 to 21 apply with necessary modifications to any change in the collateral description made under this section. Subordination of Security Interest Subordination of security interest 28 A financing change statement to register the subordination of a security interest to another registration shall set out, under the heading "Additional Information", (a) a statement indicating the registration number and date of registration of each other registration to which the interest is subordinated; and (b) if the subordination applies to only part of the collateral described in the subordinated registration, a statement describing the collateral the interest in which is subordinated. Other Changes Other changes 29 A financing change statement that amends a registration in a manner not otherwise provided for in sections 24 to 28 shall set out, under the appropriate headings and in the appropriate fields, the amending information or the information as amended. DISCHARGE STATEMENT Discharge of registration 30 A discharge statement shall set out, in the appropriate fields under the heading or on the form "Request for Discharge", (a) the registration number of the registration to be discharged; (b) the name of one debtor and the name of one secured party as they are listed in the registration to be discharged; and (c) in the appropriate fields under the heading "Registering Agent Information", if the registrant is not the secured party and wishes to receive a statement confirming the discharge of the registration, (i) either the party code of the registrant or the name and address of the registrant, (ii) the registrant's request for the confirmation to be sent by mail, fax or e-mail or held for pick-up, and (iii) the registrant's fax number or e-mail address, as the case may be, if the registrant requests the confirmation to be sent by fax or e-mail. OTHER REGISTRATIONS Notice of appointment of receiver 31 If a registrant indicates on a financing statement or financing change statement, under the heading "General Information", that a receiver has been appointed, the financing statement or financing change statement shall set out, under the heading "Additional Information", (a) the name of the receiver; and (b) the address of the office in Manitoba at which the receiver's records will be maintained. L.T.O. registration re fixture, crop or lease 32(1) The prescribed form for the purpose of subsection 49(2) of the Act is the Request/Transmission form approved by the Registrar-General under The Real Property Act . Other L.T.O. registrations 32(2) The prescribed forms for the purpose of subsection 49(4) of the Act are the following forms approved by the Registrar-General under The Real Property Act : (a) for notice of renewal or amendment of a security interest, the Request/Transmission form; (b) for notice of a transfer of a security interest, the Transfer form; (c) for notice of a discharge or partial discharge of a security interest, the Discharge form; and (d) for notice of the subordination of a security interest, the Postponement of Registration form. M.R. 77/2014 Registrations for statutory liens and other interests 33(1) If any Act, other than The Personal Property Security Act , authorizes a financing statement to be registered in the Registry, this regulation applies with necessary modifications to the registration of the financing statement and, for this purpose, unless that other Act otherwise provides, (a) if the financing statement is in respect of a lien arising under that other Act, (i) the term "debtor" in this regulation refers to the indebted person in relation to whose property or interest in property the lien arose, (ii) the term "secured party" in this regulation refers to the holder of the lien, (iii) the term "collateral" in this regulation refers to the personal property in relation to which the lien arose, and (iv) the lien is deemed to be a security interest; and (b) in any other case, (i) the term "debtor" in this regulation refers to the person in respect of whose property or whose interest in property the financing statement may be registered, (ii) the term "secured party" in this regulation refers to the person on whose behalf the financing statement may be registered, and (iii) the term "collateral" in this regulation refers to the property in respect of which the financing statement may be registered. Non-application to garage keeper's lien 33(2) Clause 11(1)⁠(b) and section 24 do not apply to a financing statement registered in respect of a lien under The Garage Keepers Act . SEARCHES Methods of submitting search requests 34 A person wishing to search the Registry may submit a search request (a) to the office of the Registry, or to any other office specified by the Registrar, during the regular hours of business of the Registry office; or (b) electronically in a form and manner that meets the electronic search requirements of the Registry. Methods of searching 35 A person may request a search of the Registry for records containing (a) the name of a debtor, by specifying the name, in the manner required by section 14 or 15 for a registration, of the individual or artificial body whose name is to be searched; (b) a reference to a specified serial numbered good, by specifying the serial number to be searched, determined according to section 21 for a registration; or (c) the registration number of a financing statement, other than a financing change statement or discharge statement, by specifying the registration number to be searched. Methods of issuing search result 36(1) The Registrar shall cause to be issued (a) a printed search result to a person who submits a search request under clause 34(a); and (b) to a person who submits an electronic search request under clause 34(b), (i) a transmission of data comprising the search result for the purpose of having it displayed electronically to the person, and (ii) if requested by the person, a printed search result. Search results — exact matches 36(2) Subject to subsection 37(2), a search result must disclose (a) all the information contained in all the active registrations in the Registry that contain the debtor name, serial number or registration number searched; or (b) where applicable, that the search criteria provided by the searcher did not match exactly the information contained in any active registration in the Registry at the date and time of the search. Search results — close matches 36(3) Subject to subsection 37(2), a search result may disclose (a) all the information contained in the active registrations in the Registry in which a debtor name is similar to the debtor name specified to be searched; or (b) where applicable, that the search criteria provided by the searcher did not match closely the information contained in any active registration in the Registry at the date and time of the search. Application to withhold information 37(1) An individual may apply to the Registrar to have information about his or her address withheld from a search of the Registry if (a) the individual has obtained a peace bond, restraining order or non-molestation order against any person; or (b) there is in effect an order of judicial interim release (recognizance or undertaking) or of probation containing a condition that the person named in the order shall not communicate or have contact with the individual. Requirement to withhold information 37(2) On receipt of an application under subsection (1) in a form acceptable to the Registrar, and until the end of the year following the year in which the application was received, the address information of the applicant shall be withheld from all search results containing registrations in which the applicant is named as a debtor. MISCELLANEOUS Limitation under section 52 38 The total amount recoverable in a single action under section 52 of the Act is $250,000. Limitation under section 53 39 The total amount recoverable for all claims in a single action under section 53 of the Act is $2,000,000. Prescribed fees under subsections 18(17) and 64(6) 40 The fee that may be charged under subsection 18(17) or 64(6) of the Act in respect of each demand for information is the total of (a) $20.; and (b) $0.50 for each page of a copy of a document to be given to the person making the demand. Minimum damages under subsection 65(6) or (7) 41 The amount prescribed for the purposes of subsections 65(6) and (7) of the Act is $200. Repeal 42 The Personal Property Regulation , Manitoba Regulation 323/87 R, is repealed. Coming into force 43 This regulation comes into force on the day The Personal Property Security Act , S.M. 1993, c. 14, comes into force.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Personal Property Registry Regulation
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.