Acts and Regulations

The Saskatchewan Personal Property Registry (SPPR) is governed by the following Government of Saskatchewan acts and regulations:?

The Personal Property Security Act, 1993
The Personal Property Security Regulations
The Land Titles Act, 2000
The Enforcement of Money Judgments Act, 2012
The Commercial Liens Act

Other types of acts, agreements and?interests affect how liens are registered.?Below is a brief description of each one as they?relate to?SPPR registration services.

Personal Property Security Agreement

A personal property security agreement?is an agreement between a debtor and a creditor where the creditor agrees to lend the debtor money on the condition that the debtor gives some property as collateral. For example, a person goes into a car dealership and buys a car, financing part of the purchase price through the dealership. The dealership?then has?the buyer sign an agreement that says the dealership can take the car back if the buyer defaults on the loan.

Commercial Lien

A commercial lien (which used to be called a garage keepers' lien) is an interest in goods held by a person who either: ?
  • provides labour or materials to repair or improve goods;
  • stores goods; or
  • transports goods.
If a person takes a car into a mechanic's shop?for repairs but does not pay the?bill, the?mechanic can take out a?commercial lien on the car for the value of the work that was performed on it.

If a person takes goods to a warehouse in order to store them there and then does not pay the bill, the warehouse owner can submit a commercial ien on the property being stored.

Sale of Goods

A seller may sell goods to a buyer but keep possession of the goods. If the seller then sells the goods to a second buyer who does not know the goods were already?sold to someone else, then the second buyer is entitled to the goods unless the original buyer registered?their interest first in?the?Saskatchewan Personal Property Registry (SPPR).

Enforcement Charge - Provincial Judgment

If a person obtains judgment from?a provincial court, the Court of Queen’s Bench or the Court of Appeal, the creditor can get a judgment that allows the sheriff to seize and sell the debtor’s property so that the creditor’s judgment is paid.

The?judgment may attach to any land or interest in land that the debtor acquires after the?judgment is registered in the Saskatchewan Personal Property Registry (SPPR) and?appears in the Judgment Registry, but?only if there is an exact name match between the debtor’s name in the?judgment and the debtor’s name on title (either as the owner of the land or the holder of?an interest).

Enforcement Charge - Federal Judgment and Federal Writ of Execution

A federal?judgment is the same as a?provincial judgment,?except that a federal court or the Tax Court of Canada issues it.

Enforcement Charge - Provincial Maintenance Judgment

A provincial maintenance?judgment is an order made by the court for spousal or child support. An interest based on a maintenance judgment cannot be registered in the Saskatchewan Land Titles?Registry until it has been registered in the Judgment Registry.

The entry point for the Judgment Registry?is through the?Saskatchewan Personal Property Registry (SPPR). A?maintenance judgment?must therefore be registered in the?Judgment Registry?through the SPPR. Once it is registered there, it will automatically appear in the Judgment Registry.

Enforcement Instructions

An enforcement instruction is a part of the legal process in place that enables the Sheriff and Enforcement of Money Judgment Office to pursue funds owed under a judgment.? The enforcement instruction must be linked to an active judgment.? This notices indicates the creditor's representative has commenced action on a judgment.l

Summary Offence Procedure Act

The Summary Offence Procedure Act allows municipalities to register liens as a tool for enforcing parking fines.

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