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Bulletin information:

Issue Date: August 25, 1993
Legislation: Personal Property Security Act, Land Titles Act, Registry Act

Bulletin content:

Section 54 of the Personal Property Security Act, R.S.O. 1990, chapter. paragraph. 10 provides for the registration of notices of security interests and extensions and discharges of such interests in land registry offices. Section 27 of Regulation 912, R.R.O. 1990 provides for the following forms:

  • Form 5: Notice of Security interest in collateral that is fixtures, goods that may become fixtures, crops, oil, gas or mineral to be extracted.
  • Form 6: Notice of Security Interest in a right to payment under a mortgage, charge or lease of real property.
  • Form 7: Extension of Notice
  • Form 8: Certificate of Discharge

A copy of these forms is attached. Please note that the following registration requirements apply:

  1. The text of the forms is already incorporated in a Form 4 (Land Registration Reform Act) format. Accordingly, a separate form 4 under the Land Registration Reform Act is not required to be a attached to any of these forms.
  2. An extension of Notice is not registerable unless it sets out an expiration date no later than five years from the date of registration.
  3. The Forms may be signed by the secured party or the secured party’s solicitor or a personal representative. If the solicitor or personal representative signs, the title or capacity of the person signing must be set out in the Form. No further proof is required that the person is the solicitor or personal representative.
  4. Where an attorney signs for the secured party, the power of attorney must be registered in the same land registry office. The form must include a recital incorporating the registration date, registration number and a statement that the power of attorney is still in effect and has not been revoked.
  5. Where the form is signed by a corporation, it must include:
    1. the corporation’s seal with the signature of an official of the corporation, or
    2. the signature of an official of the corporation with a statement that the person has authority to bind the corporation.
  6. Where a Notice in Form 6 has been registered, a Cessation of Charge under the Land Titles Act should not be registered unless
    1. a Certificate of Discharge in Form 8 under the Personal Property Security Act has been registered; or
    2. the secured party has signed the Cessation of Charge, indicating his/her concurrence.

A Discharge of Mortgage under The Registry Act may be accepted for registration, but the entry of the mortgage should not be deleted unless the requirements set out in (a) and (b) above have been satisfied.

Bulletins 82003 and 88004 are hereby revoked.

Original signed by:

Despina H. Georgas, Director of Land Registration
Katherine M. Murray, Director of Titles

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