| 词条 | Personal Property Security Act (Canada) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 释义 |
The Personal Property Security Act ("PPSA") is the name given to each of the statutes passed by all common law provinces, as well as the territories, of Canada. They regulate the creation and registration of security interests in all personal property within their respective jurisdictions. It is similar in structure to Article 9 of the Uniform Commercial Code in the United States, but there are important differences.[1] PPSA regimeThe legislation that implemented the PPSA scheme was first introduced in Ontario, followed by the remaining provinces and territories (which followed a newer uniform model with notable differences). The Atlantic provinces, together with the Northwest Territories and Nunavut, have fully computerized registries, while the others have varying degrees of electronic and paper registration. The following is a brief outline of how the regime generally works. Personal property subject to the ActThe scope of the Act is extremely broad, as it is concerned with every transaction which in substance creates a security interest, without regard to its form and without regard to the person who has title to the collateral. There are small differences between the provinces as to how far this extends, but the concept is basically the same. That said, however, there are some items that are specifically excluded:
Personal property is classified into the following categories:
Creation of security interestsSecurity interests are created through attachment, which can be followed on by perfection. Attachment occurs when
Perfection can occur by possession of the collateral, or by registration. In certain circumstances, possession can be considered to be the superior form of perfection. Purchase money security interests (PMSIs)A PMSI is a special type of security interest taken in collateral by a party who gives value for the purpose of enabling the debtor to acquire rights in the collateral. Some examples are:
Creation of "super-priorities"In specified circumstances, PPSA registrants can obtain "super-priority" status over other secured parties, when the following steps are taken:
The PPSA and landPPSA security interests can have priority over real property security interests against fixtures, when the secured party registers notice against the land at the local registry or land titles office. Where attachment occurs before the affixation to the land, the interest will have priority, However, where attachment occurs after affixation, the interest is subordinate unless where the debtor otherwise consents. Other intersections can also occur with interests in land. For example, a lender that grants a mortgage over a rental property will also register a PPSA security interest against the rents being generated, in order to attorn the rents in the event the mortgage goes into default. Priorities of security interestsIn the absence of any other special priority rules, the general order of priority is as follows:
Regime under Québec legislationFor moveable property in Québec, secured creditors create their security interests by way of hypothec through the Registre des droits personnels et réels mobiliers (RDPRM).[2][3] Security interests created under Federal legislationFederal legislation has also created certain security interests that may take precedence over provincial legislation.[4] They notably include:
Conflicts between provincial PPSAs and federal legislationS. 89(1) of the Indian Act governs the application of security interests on reserves: {{cquote|89. (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.[5]}} Recent jurisprudence[6] has tended to restrict how this provision should be applied.[7] There can also be complex interplay with security interests under admiralty law.[8] Resources by province
Notable cases
Documents
References1. ^{{Cite web|author = Daryl E. Clark |title = Revised Article 9 and the PPSA - A comparison of the American and Canadian secured property legal regimes | url= http://findarticles.com/p/articles/mi_qa5352/is_200301/ai_n21325601/ | publisher = The Secured Lender (as reprinted at the CBS Interactive Business Network Resource Library) | year = 2003 | accessdate = 2011-09-29}} 2. ^{{Cite web|author = Kiriakoula Hatzikiriako |title = An attempt to "demystify" Québec secured transactions law (Part I) | url= http://www.mcmillan.ca/Files/ARTICLE_An%20attempt%20to%20demystify_ABA_E_0610.pdf | publisher = ABA Commercial Law Newsletter as reprinted by McMillan LLP | date = Summer 2010 | accessdate = 2011-09-13}} 3. ^{{Cite web |title = Registre des droits personnels et réels mobiliers |url = http://www.justice.gouv.qc.ca/english/programmes/rdprm-a.htm |accessdate = 2011-09-13 |archive-url = https://web.archive.org/web/20111029163840/http://www.justice.gouv.qc.ca/english/programmes/rdprm-a.htm |archive-date = 2011-10-29 |dead-url = yes |df = }} 4. ^{{Cite web|title = Federal Security Interests: Contract #99-08-2 | url= http://dalspace.library.dal.ca/bitstream/handle/10222/10278/Fraser%20Milner%20Casgrain%20Research%20Security%20Interests%20EN.pdf?sequence=1 | publisher = Fraser Milner Casgrain under contract to the Law Commission of Canada| date = June 2000 | accessdate = 2011-09-14}} 5. ^{{cite web|title = Indian Act (R.S.C., 1985, c. I-5), s. 89|url = http://laws-lois.justice.gc.ca/eng/acts/I-5/section-89.html}} 6. ^{{cite CanLII|litigants=McDiarmid Lumber Ltd. v. God's Lake First Nation|link=|year=2006|court=scc|num=58|format=|pinpoint=|parallelcite=[2006] 2 SCR 846|date=2006-12-15|courtname=|juris=}} 7. ^{{cite journal|author= Anita G. Wandzura|year= 2007|title= The Enforcement of Security Interests Against the Personal Property of First Nations Persons on a Reserve|url= http://www.rdo-olr.uottawa.ca/index2.php?option=com_sobi2&sobi2Task=dd_download&fid=544&Itemid=842|journal= Ottawa Law Review|publisher= University of Ottawa|volume= 39|issue= 1|pages= |doi= |pmc= |pmid= |deadurl= yes|archiveurl= https://web.archive.org/web/20131202225921/http://www.rdo-olr.uottawa.ca/index2.php?option=com_sobi2&sobi2Task=dd_download&fid=544&Itemid=842|archivedate= 2013-12-02|df= }} 8. ^{{Cite web|author = Christopher J. Giaschi|title = Summary of Canadian Law of Priorities|url = http://www.admiraltylaw.com/papers/priorities.htm|accessdate = 2011-09-30|deadurl = yes|archiveurl = https://web.archive.org/web/20020616131135/http://admiraltylaw.com/papers/priorities.htm|archivedate = 2002-06-16|df = }} 2 : Insolvency law of Canada|Canadian business law |
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