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

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 would have 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 Lien on the property being stored.

The Sale of Goods Act or Factors Act

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).

Maintenance Writ of Execution (SWR)

If a court makes an order for spousal support or child support and there are arrears owing under that order, the local registrar can issue a Writ of Execution for the unpaid amount.

That writ is then registered as a Maintenance Writ in the Saskatchewan Personal Property Registry (SPPR) and is then automatically downloaded into the Saskatchewan Writ Registry. Once it is in the Saskatchewan Writ Registry, it may attach to any land or interest in land that the debtor acquires after it is registered - but only if there is an exact name match between the debtor’s name in the writ and the debtor’s name on title (either as the owner of the land or the holder of an interest).

Maintenance Order (SWR)

A Maintenance Order is an order made by the court for spousal or child support. An interest based on a Maintenance Order cannot be registered in the Land Titles Registry unless it is first registered in the Saskatchewan Writ Registry.

The entry point for the Saskatchewan Writ Registry is through the Saskatchewan Personal Property Registry (SPPR). A Maintenance Order must therefore be registered in the Saskatchewan Writ Registry through the SPPR. Once it is registered there, it will automatically enter the Saskatchewan Writ Registry.

Writ of Execution Provincial or Creditor’s Relief Certificate (SWR)

If a person obtains judgment from the Provincial Court, Court of Queen’s Bench or Court of Appeal, the creditor can get a Writ of Execution from the Local Registrar at the Court of Queen’s Bench. The writ allows the sheriff to seize and sell the debtor’s property so that the creditor’s judgment is paid.

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

Under The Creditor’s Relief Act, creditors share with other creditors any property obtained by the sheriff under a Writ of Execution. If a creditor has an uncontested claim or a contested claim that the court decided, the creditor must get a Creditor’s Relief Certificate issued by the Local Registrar and register it in the Saskatchewan Personal Property Registry (SPPR).

Writ of Execution Federal (SWR)

A Federal Writ is the same as a Provincial Writ except that a Federal Court or the Tax Court of Canada issues it.

PPSA Crown Interests

A Crown Interest is an interest held by the Government of Saskatchewan. It is registered to give the provincial government priority in cases of bankruptcy.

Summary Offence Procedure Act

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

Act Types That Can Not Be Registered - but can be amended/discharged

The following acts can no longer be registered but are still able to be maintained and discharged. They were deemed to be a Personal Property Security Agreement in May 1981.
  • The Assignment of Book Debts Act - This is an old registration type that existed under The Assignment of Book Debts Act. It came into play when a debtor had accounts receivable or other debts that were going to be payable to the debtor in the ordinary course of business.

    If the debtor assigned these debts to another party in order to satisfy a debt, or if the debtor gave a mortgage on these debts, then the assignment or mortgage of those book debts was registered in the Saskatchewan Personal Property Registry (SPPR) to protect the creditors’ interests.
     
  • The Bills of Sale Act - This is an old registration type that existed under The Bills of Sale Act. A Bill of Sale under this act could refer to a chattel mortgage, which is defined below, or a Sale of Goods. If goods were sold and the seller kept possession of the goods, then the Act required the buyer to register notice of the sale in the Saskatchewan Personal Property Registry (SPPR) preventing the seller’s creditors from seizing the goods while ensuring that someone who bought the goods (thinking that they belonged to the seller) could not keep the goods.
     
  • Chattel Mortgage - A Chattel Mortgage is an old registration type that was governed by The Conditional Sales Act. A Chattel Mortgage is similar to the current Personal Property Security Agreement and in essence it means that the debtor gives a chattel (i.e. property that is not land) as collateral to secure a debt.
     
  • The Conditional Sales Act - This is an old registration type that existed under The Conditional Sales Act. A conditional sale existed when a seller sold goods to a buyer and either kept the goods until the buyer paid the full purchase price or allowed the buyer to take the goods under the condition that the buyer would only become the owner of the goods after the full purchase price was paid.

    A Conditional Sales Contract also existed if a person leased goods but had the option of buying them. If the seller/lessor did not register the Conditional Sale of Goods document in the Saskatchewan Personal Property Registry (SPPR), then a creditor of the buyer or a person who bought the property from the buyer in good faith could take it, even though it still technically belonged to the seller.
     
  • The Corporation Securities Registration Act- This is an old registration type that existed pursuant to The Corporation Securities Registration Act. Under that act, if a corporation granted property or an assignment of book debts (which refers to any receivables) as collateral and this was contained in a trust deed or other instrument, it was registered in the Saskatchewan Personal Property Registry (SPPR). If it was not registered, then the corporation’s creditors or a person who bought the property from the corporation could take it.