A person who is obligated under an intangible or chattel paper.

The fee you or your ACOL account will be charged for performing a function, subject to special discounts or additional surcharges.

Additional Information

Fees for some, but not all, ACOL services are defined by legislation and regulations.

ACOL fees are automatically charged to the user's ACOL account. If you are using a public access terminal without having set up your own account, your payment method will be determined by the providers of the public access terminal.

ACOL endeavors, wherever possible, to display an accurate fee before the user requests a service. However, fees for some services cannot be calculated at the time the user is requesting the service.

In some cases, the Fee displayed by the ACOL application may be reduced by temporary or volume discounts. In other cases, the ACOL service may additionally be subject to a surcharge to cover the cost, for example, of a value-added service or of access to a public access terminal.

The payment of money, the provision of credit or the giving of value and includes any liability of the debtor to pay interest, credit costs and other charges payable by the debtor in connection with an advance or the enforcement of a security interest securing the advance.

In Nova Scotia, a spouse in whose favour an order in respect of matrimonial assets or business assets is made under the Matrimonial Property Act.

In New Brunswick, a spouse in whose favour an order in respect of household goods is made under the Marital Property Act.

Every ACOL user is assigned an authority level. The authority level determines what account and user information the user can view and change.

ACOL authority levels - Prime Contact, Contact and Basic - determine what ACOL Client Services functions the user will be able to perform. Prime Contact and Contact users are often described as "administrative users" because they are permitted to perform functions such as Reset Password, Account Status, Account Statement Query and changing other users' User Information.

A structure, erection, mine or work built, constructed or opened on or in land.

Bulletin board message postings providing general information for ACOL users.

One or more writings that evidence both a monetary obligation and a security interest in, or a lease of, specific goods or specific goods and accessions.

As defined in Nova Scotia General Regulations:

• a creditor who has applied for a warrant under the Collection Act,
• an assignee for the general benefit of creditors under the Assignments and Preferences Act,

as the case may be.

As defined in New Brunswick General Regulations:

• a person who has obtained a preservation order under Part 3 of the Enforcement of Money Judgments Act,

as the case may be.

A consignment under which goods are delivered for sale, lease or other disposition to a consignee who, in the ordinary course of the consignee's business, deals in goods of that description, by a consignor who,

• in the ordinary course of the consignor's business, deals in goods of that description, and
• reserves an interest in the goods after they have been delivered,

but does not include an agreement under which goods are delivered

• to an auctioneer for sale, or
• to a consignee for sale, lease or other disposition if the consignee is generally known to the creditors of the consignee to be selling or leasing goods of others.

Goods that are used or acquired for use primarily for personal, family or household purposes.

Includes an assignee for the benefit of creditors, an executor, an administrator or a committee of a creditor.

Within PPRS, if you are making a global change to the name, address, and/or email address information of a holder of registered interests, the name, address, and/or email address information must first be changed using the Update Secured Party Number Information function on the PPRS Administration menu. If you have already done this, enter the secured party number of the holder of these interests in this field.

After you have entered the current and new secured party numbers, the system will display name,partial address and email information for the secured party numbers. If either number has been entered incorrectly, select the Cancel button to enter a new secured party number.

Within PPRS, a generic reference to any individual or enterprise identified in a registration as a Debtor, Judgment Debtor, Employer, Respondent Spouse or Execution Debtor.

Additional Information

As defined in PPSA, debtor means

• a person who owes payment or performance of an obligation secured, whether or not that person owns or has rights in the collateral,
• a person who receives goods from another person under a commercial consignment,
• a lessee under a lease for a term of more than one year,
• a transferor of an account or chattel paper,
• a seller under a sale of goods without a change of possession,
• [as stated in specific sections of the Act], the transferee of a debtor's interest in the collateral, and
• if the person referred to in paragraph (a) and the owner of the collateral are not the same person,
  • where the word "debtor" is used in a provision dealing with the collateral, an owner of the collateral,
  • where the word "debtor" is used in a provision dealing with the obligation, the obligor, and
  • where the context permits, both the owner and the obligor.

A writing issued by or addressed to a bailee

• that covers goods in the bailee's possession that are identified or that are fungible portions of an identified mass, and
• in which it is stated that the goods covered by it will be delivered to a named person, or to the transferee of that person, or to bearer or to the order of a named person.

Includes a partnership, body corporate, association, organization, estate of a deceased individual, estate of a bankrupt, trade union, trust, syndicate or joint venture, but does not include an individual.

In the Northwest Territories and Nunavut, a person who is entitled to enforce the payment of money by a writ of execution under the Seizures Act or the Federal Court Act (Canada).

Fields are labeled sections of a screen, which display information or provide a place for the user to enter or change information.

The data authorized by the regulations to be entered in the Registry to effect a registration.

An advance, whether or not made pursuant to an obligation and includes advances and reasonable costs incurred and expenditures made for the protection, maintenance, preservation or repair of the collateral.

Within PPRS, a description of collateral that is not serial numbered goods or is inventory.

Additional Information:

The PPSA General Regulations describe how the registrant should describe general collateral:

• a description of the collateral by item or kind or by reference to one or more of the following: "goods", "document of title", "chattel paper", "security", "instrument", "money" or "intangible",
• a statement that a security interest is taken in all of the debtor's present and after-acquired personal property, or
• a statement that a security interest is taken in all of the debtor's present and after-acquired personal property except specified items or kinds of personal property or except one or more of the following: "goods", "document of title", "chattel paper", "security", "instrument", "money" or "intangible".

Means

• a bill of exchange, note or cheque within the meaning of the Bills of Exchange Act (Canada),
• any other writing that evidences a right to payment of money and is of a type that in the ordinary course of business is transferred by delivery with any necessary endorsement or assignment, and
• a letter of credit or an advice of credit if the letter or advice states that it must be surrendered on claiming payment under it,

but does not include

• a document of title, chattel paper or a security, or
• a writing that provides for or creates a mortgage or charge in respect of an interest in land that is specifically identified in the writing.

Goods that are

• held by a person for sale or lease, or that have been leased by that person as lessor,
• to be furnished or that have been furnished under a contract of service,
• raw materials or work in progress, or
• materials used or consumed in a business or profession.

A person in whose favour there is a subsisting money judgment.

List boxes look like one-line text fields, but feature a down arrow symbol at the end of the field. They feature a pre-defined set of values which are valid for that field. To select a value from the List box, do any of the following:

• use the mouse to click on the down arrow symbol to display the list of values, then use the mouse or the up and down arrow keys to highlight a value;
• use the up and down arrow keys to display each item in the list; or
• press the key corresponding to the first letter of any item in the list.

The menu bar is a horizontal list of drop-down menus. The menu bar appears immediately below the title bar. Menu items that are not currently accessible are displayed in faded text.

A structure, whether ordinarily equipped with wheels or not, that is not self-propelled and is designed

• to be moved from one place to another by being towed or carried, and
• to be used as a dwelling house or premises, a business office or premises, or accommodation for any other purpose.

A mobile device that is propelled primarily by any power other than muscle power

• 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
• 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 or machinery designed only for use in farming, other than a combine or a tractor.

In the case of a Garage Keepers Lien in the Northwest Territories or in Nunavut, a "motor vehicle" is as defined in the Motor Vehicles Act.

Within PPRS, a Notice to Secured Party is a system-generated report sent to every secured party listed in a registration when the registration is amended, discharged or re-registered.

Additional Information:

The Notice to Secured Party includes the registration family history and all registration details at the time of the amendment, discharge or re-registration, including identification of the registrant. This provides the secured party with the opportunity to correct an accidental, incorrect or fraudulent registration change.

The Notice to Secured Party is sent as follows:

• If a secured party listed in the registration has Send NSP by email checkbox checked, a Notice to Secured Party is sent to the email address provided.

• If a secured party listed in the registration was entered via the use of a secured party number or the "Same as Registrant" facility, the Notice to Secured Party will be sent electronically to the secured party number administrator. An exception to this rule is that if the secured party number has been made inactive (see help for ACOL CSC Update), the Notice to Secured Party will be sent either by email, if that delivery option was chosen, or by surface mail to the name and address listed in the registration.

• If a secured party listed in the registration was entered, without using a secured party number, by typing the name, address and contact information, and if the email delivery option was not chosen, the Notice to Secured Party will be sent by surface mail to the name and address listed in the registration.

In a registration of a Maintenance Orders Enforcement Act Order in the Northwest Territories or in Nunavut, Order Date means the date of the maintenance order to which the registration relates.

Goods, a document of title, chattel paper, a security, an instrument, money or an intangible.

The Personal Property Registry as defined by the Personal Property Security Act (see "PPRS", "PPSA (NB)", "PPSA (NL)", "PPSA (NS)", "PPSA (PEI)", "PPSA (NT)", and "PPSA (NU)").

In ACOL PPRS, Personal Property Registry and its acronym (PPR) are also used to refer to the “Personal Property Security Registry” and its acronym (PPSR) as defined by the Yukon Personal Property Security Act (see “PPSA (YT)”).

The Personal Property Registry System. The ACOL-supported system that is used to make registrations and conduct searches in the PPR (see "PPR").

The Personal Property Security Act (PPSA), Chapter P-7.1, 1998 was assented to by the House of Assembly on December 15, 1998, and later proclaimed with the commencement of the new system. A number of existing acts were amended and the following acts repealed:

• Assignment of Book Debts Act
• Bills of Sale Act
• Conditional Sales Act
• Part I, II, and III of the Security Interest Registration Act

The Personal Property Security Act, S.N.W.T. 1994, c. 8, was enacted, but not proclaimed, in the Legislative Assembly in 1994. The electronic registry supports the new Personal Property Security Act, proclaimed with the commencement of the new system. A number of existing acts were amended and the following acts repealed:

• Assignment of Book Debts Act
• Bills of Sale Act
• Conditional Sales Act
• Corporation Securities Registration Act
• Document Registry Act

The Personal Property Security Act, S.P.E.I. 1997, Cap. 33, was passed in the Legislative Assembly and given royal assent in May 1997. Subsequently, Act to Amend the Personal Property Security Act, Cap. 67 was assented to December 24, 1997. The electronic registry supports the new Personal Property Security Act, proclaimed with the commencement of the new system. A number of existing acts were amended and the following acts repealed:

• Assignment of Book Debts Act
• Bills of Sales Act
• Bulk Sales Act
• Conditional Sales Act
• Corporation Securities Registration Act
• Personal Property Security Act (1990)
• Potato Crop Mortgage Act (1988)

Includes typed, stamped or machine printed.

1.  Means

• identifiable or traceable personal property that is derived directly or indirectly from any dealing with collateral or proceeds of collateral and in which the debtor acquires an interest,
• an insurance or other payment that represents indemnity or compensation for loss of or damage to collateral or proceeds of collateral, or a right to such a payment, and
• a payment made in total or partial discharge or redemption of chattel paper, a security, an instrument or an intangible.

2.  Proceeds as defined in the Personal Property Security Act.

Means

• a security interest taken in collateral to the extent that it secures all or part of the purchase price of the collateral,
• a security interest taken in collateral by a person who gives value for the purpose of enabling the debtor to acquire rights in the collateral, to the extent that the value is applied to acquire the rights,
• the interest of a lesser of goods under a lease for a term of more than one year, and
• the interest of a consignor who delivers goods to a consignee under a commercial consignment,

but does not include a transaction of sale by and lease back to the seller, and for the purposes of this definition, "purchase price" and "value" include interest, credit costs and other charges payable for the purchase or loan credit.

Includes a receiver manager

The Registrar of the Personal Property Registry appointed pursuant to the Personal Property Security Act.

Within PPRS, a number assigned by the system (PPRS) when a registration is successfully added to the Registry (database).

The registration number is unique within the provincial/territorial Registry. Every registration, whether an original registration, or a subsequent change (amendment, renewal, discharge, re-registration or global change), is assigned its own registration number.

Additional Information:

On successful completion of a registration, the registration number assigned by the system (PPRS) is reported to the registrant via the Verification Statement report.

The registration number is also included in Search Result Reports and Notice to Secured Party reports.

In Yukon, a person against whom an order in respect of assets is made under the Maintenance Enforcement Act.

A sale of goods that is not accompanied by an immediate delivery and an actual, apparent and continued change of possession of the goods sold, but does not include a sale of goods in the ordinary course of business of the seller, and for the purposes of this definition, "sale" includes an assignment, transfer, conveyance, declaration of trust or any other agreement or transaction, not intended to secure payment or performance of an obligation, by which an interest in goods is conferred.

As defined by PPSA General Regulations, an electronically reproduced image that is used for the purpose of verifying data entry in the Registry.

Within PPRS, a generic reference to any individual or enterprise identified in a registration as a Secured Party, Judgment Creditor, Claimant, Receiver, Applicant Spouse, Employee, Execution Creditor, Garage Keeper.

Additional Information:

As defined in the Personal Property Security Act, secured party means

• a person who has a security interest,
• a person who holds a security interest for the benefit of another person, or
• a trustee, if a security interest is embodied in a trust indenture.

Within PPRS, the user who has responsibility for maintaining information and receiving Notices to Secured Party for a secured party number.

Additional Information:

Within PPRS, every secured party number has an administrator identified by an ACOL user-ID. This user-ID is automatically captured by the system when a user creates a secured party number (see help for Create New Secured Party Number). This user-ID can be changed to another active and authorized user-ID by making a request to the ACOL CSC.

The secured party administrator is responsible for both:

• maintaining the Secured Party Number Information; and
• receiving all electronic Notices to Secured Party (see ACOL help for Retrieve Reports).

A writing, whether or not in the form of a security certificate, that

• is recognized in the jurisdiction in which it is issued or dealt with as evidencing a share, participation or other interest in property or an enterprise, or that evidences an obligation of the issuer, and
• in the ordinary course of business is transferred
• by delivery with the necessary endorsement, assignment or registration in the records of the issuer or of an agent of the issuer, or by compliance with restrictions on transfer, or
• by an entry in the records of a clearing agency,

but does not include a writing that provides for or creates a mortgage or charge in respect of an interest in land that is specifically identified in the writing.

An interest in personal property that secures payment or performance of an obligation.

Additional Information:

Means

• an interest in personal property that secures payment or performance of an obligation, but does not include the interest of a seller who has shipped goods to a buyer under a negotiable bill of lading or its equivalent to the order of the seller or to the order of an agent of the seller, unless the parties have otherwise evidenced an intention to create or provide for a security interest in the goods, and
• the interest of
• a consignor who delivers goods to a consignee under a commercial consignment,
• a lessor under a lease for a term of more than one year,
• a transferee under a transfer of an account or a transfer of chattel paper, and
• a buyer under a sale of goods without a change of possession, that does not secure payment or performance of an obligation.

In the Northwest Territories and Nunavut, a security interest does not include "a buyer under a sale of goods without a change of possession".

In Yukon, "security interest" means an interest in goods, documents of title, investment property, chattel paper, instruments, money, or intangibles that secures payment or performance of an obligation, and includes

(a) an interest arising from an assignment of accounts or a transfer of chattel paper,

(b) an interest of a person who delivers goods to another under a consignment, and

(c) an interest of a lessor under a lease of goods for a term of one year or more,

even though the interests described in paragraphs (a) to (c) may not secure payment or performance of an obligation, but does not include the interest of a seller who has shipped goods to a buyer under a negotiable bill of lading to the buyer’s own order or to the order of the buyer’s agent, unless the parties have otherwise evidenced an intention to create or provide for a security interest.

A motor vehicle, trailer, mobile home, aircraft, boat or an outboard motor for a boat, as defined in the General Regulation under the Personal Property Security Act.

Many special keys and shortcut keys are available to assist moving around and to help you enter information. These keys make it possible to perform work without using a pointing device such as a mouse.

Most special keys and shortcut keys behave the same as they do in other Windows applications.

Displays the name of the application along the top of a window.

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.

Any consideration sufficient to support a simple contract and includes an antecedent debt or liability, and "new value" is value other than an antecedent debt or liability.

Within PPRS, a verification statement is a system-generated report sent to the registrant on successful completion of any registration, including:

• new (original) registration
• renewal
• amendment
• discharge
• re-registration
• global change of registered interest.