jswizzle3737/ontario_laws_and_regs huggingface dataset:
43.1 (1) The registrar shall issue a used vehicle information package in respect of any used motor vehicle to any person who applies therefor and pays the required fee.  1993, c. 13, s. 2; 1998, c. 18, Sched. E, s. 195. Definitions (2) In this section, “used motor vehicle” and “used vehicle information package” have the same meaning as in section 11.1 of the Highway Traffic Act. Abbreviated certificate (3) The registrar may issue an abbreviated certificate under section 43 for the purposes of a used vehicle information package and the abbreviated certificate confers all the rights and liabilities that apply in respect of certificates under section 43.  1993, c. 13, s. 2. Section Amendments with date in force (d/m/y) 1993, c. 13, s. 2 - 04/10/1993; 1998, c. 18, Sched. E, s. 195 - 18/12/1998
45 (1) In order to perfect a security interest by registration under this Act, a financing statement shall be registered.  R.S.O. 1990, c. P.10, s. 45 (1). Consumer goods (2) Where the collateral is consumer goods, the financing statement referred to in subsection (1) shall not be registered before the security agreement is signed by the debtor and, where a financing statement is registered in contravention of this subsection, the registration of the financing statement does not constitute registration or perfection under this Act.  R.S.O. 1990, c. P.10, s. 45 (2). Collateral other than consumer goods (3) Where the collateral is not consumer goods, the financing statement referred to in subsection (1) may be registered before or after the security agreement is signed by the debtor.  R.S.O. 1990, c. P.10, s. 45 (3). Subsequent security agreements (4) Except where the collateral is consumer goods, one financing statement may perfect one or more security interests created or provided for in one or more security agreements between the parties, whether or not, (a)  the security interests or security agreements are part of the same transaction or related transactions; or (b)  the security agreements are signed by the debtor before the financing statement is registered.  2000, c. 26, Sched. B, s. 16 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 16 (6) - 06/12/2000
46.1 (1) For the purposes of subsection 46 (4), in the case of a financing statement or financing change statement in respect of collateral that is or includes a motor vehicle, as defined in the regulations, a reasonable person shall be deemed not likely to be misled materially, insofar as the security interest in the motor vehicle is concerned, by the fact that the statement has one or more errors or omissions described in subsection (2) of this section, if, (a)  the motor vehicle’s vehicle identification number is set out correctly in the designated place on the statement; (b)  the statement sets out at least the name of one debtor and, if the debtor is a natural person, his or her date of birth; and (c)  the statement otherwise substantially complies with the requirements that apply for the purposes of subsection 46 (1). 2017, c. 20, Sched. 9, s. 12. Errors or omissions to which subs. (1) applies (2) The following are the errors or omissions to which subsection (1) applies: 1.  Regarding any debtor named in the statement, the debtor’s name is set out incorrectly or in a way that does not comply with the requirements that apply for the purposes of subsection 46 (1). 2.  Regarding any debtor named in the statement who is a natural person, the date of birth of the debtor is set out incorrectly or in a way that does not comply with the requirements that apply for the purposes of subsection 46 (1). 2017, c. 20, Sched. 9, s. 12. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 9, s. 12 - 14/11/2017
46.2 For the purposes of subsection 46 (4), in the case of a financing statement or financing change statement in respect of collateral that is or includes a motor vehicle, as defined in the regulations, a reasonable person shall be deemed likely to be misled materially, insofar as the security interest in the motor vehicle is concerned, by any one or more of the following errors or omissions in the statement: 1.  In the case where the motor vehicle is classified as consumer goods on the statement, i.  a vehicle identification number for the motor vehicle is not set out on the statement, ii.  a vehicle identification number for the motor vehicle is set out on the statement but not in the designated place, or iii.  a vehicle identification number for the motor vehicle is set out on the statement but is incorrect. 2.  In the case where the motor vehicle is classified as equipment or inventory on the statement and the statement sets out a vehicle identification number for the motor vehicle even though that information is not required, i.  the vehicle identification number is not set out in the designated place on the statement, or ii.  the vehicle identification number that is set out is incorrect. 2017, c. 20, Sched. 9, s. 12. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 9, s. 12 - 14/11/2017
46.3 Nothing in sections 46.1 and 46.2 affects the application of subsection 46 (4) in circumstances not described in sections 46.1 and 46.2. 2017, c. 20, Sched. 9, s. 12. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 9, s. 12 - 14/11/2017
47 (1) A financing change statement may be registered where a security interest is perfected by registration and the secured party has assigned the secured party’s interest in all or part of the collateral. Idem (2) Where a security interest has not been perfected by registration and the secured party has assigned the secured party’s interest, a financing statement referred to in section 46 may be registered, (a)  naming the assignor as the secured party and subsection (1) applies; or (b)  naming the assignee as the secured party and subsection (1) does not apply. Idem (3) Upon the registration of the financing change statement under subsection (1) or the financing statement under subsection (2), the assignee becomes a secured party of record.  R.S.O. 1990, c. P.10, s. 47.
49 A financing change statement may be registered at any time during the registration period of a financing statement, (a)  to correct an error or omission in the registered financing statement or any financing change statement related thereto; or (b)  to amend the registered financing statement or any financing change statement related thereto where the amendment is not otherwise provided for in this Part.  R.S.O. 1990, c. P.10, s. 49.
50 Where a security interest is perfected by registration and the interest of the secured party has been subordinated by the secured party to any other security interest in the collateral, a financing change statement may be registered at any time during the period that the registration of the subordinated interest is effective.  R.S.O. 1990, c. P.10, s. 50.
51 (1) A financing statement may be registered for a perpetual period or for such period of years as is set out in the financing statement.  R.S.O. 1990, c. P.10, s. 51 (1). Change of registration period (2) The registration period of a financing statement may be reduced by the registration of a financing change statement under section 49 or extended by the registration of a financing change statement under subsection 52 (1).  R.S.O. 1990, c. P.10, s. 51 (2). Duration of registration period (3) The registration period for a financing statement begins with the time assigned to its registration by the registrar or branch registrar and ends on the earlier of, (a)  the time the registration is discharged; or (b)  at the end of the registration period as set out in the financing statement or as changed by subsequent financing change statements.  R.S.O. 1990, c. P.10, s. 51 (3). Effective period (4) A financing statement is effective only during its registration period.  R.S.O. 1990, c. P.10, s. 51 (4). (5), (6) Repealed: 2015, c. 20, Sched. 35, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. E, s. 16 - 01/08/2007 2012, c. 8, Sched. 45, s. 6 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 2015, c. 20, Sched. 35, s. 1 - 16/11/2015
52 (1) Where a security interest has been perfected by registration, the registration may be extended before the registration ceases to be effective by the registration of a financing change statement. Reperfection (2) Where a security interest has been perfected by registration and the registration has ceased to be effective, the security interest may be perfected again by the registration of a financing statement.  R.S.O. 1990, c. P.10, s. 52.
53 The registration of a financing change statement is effective from the time assigned to its registration by the registrar and is effective so long as the registration of the financing statement to which it relates is effective.  R.S.O. 1990, c. P.10, s. 53; 2006, c. 34, Sched. E, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. E, s. 17 - 01/08/2007
54 (1) A notice of security interest, in the required form, may be registered in the proper land registry office, where, (a)  the collateral is or includes fixtures or goods that may become fixtures or crops, or minerals or hydrocarbons to be extracted, or timber to be cut; or (b)  the security interest is a security interest in a right to payment under a lease, mortgage or charge of real property to which this Act applies.  R.S.O. 1990, c. P.10, s. 54 (1); 1998, c. 18, Sched. E, s. 198 (1). Consumer goods, registration period (2) Where the collateral is consumer goods, a notice registered under clause (1) (a) or an extension notice registered under subsection (3), as the case may be, shall set out an expiration date, and the notice or extension notice is effective until the end of the expiration date. 2015, c. 20, Sched. 35, s. 2. Idem (3) A registration to which subsection (2) applies may be extended before the end of the registration period by the registration of an extension notice.  R.S.O. 1990, c. P.10, s. 54 (2, 3). Discharge (4) A notice registered under subsection (1) may be discharged or partially discharged by a certificate in the required form and the certificate may be registered in the proper land registry office.  R.S.O. 1990, c. P.10, s. 54 (4); 1998, c. 18, Sched. E, s. 198 (2). Effect of registration (5) Where a notice has been registered under subsection (1), every person dealing with the collateral shall be deemed for the purposes of subsection 34 (2) to have knowledge of the security interest. Loss of claim (6) Where the collateral is consumer goods and the expiration date set out in a notice registered under clause (1) (a) has passed and an extension notice has not been registered or has expired, the land described in the notice is not affected by any claim under the notice but this subsection does not prevent the registration of a new notice under clause (1) (a).  R.S.O. 1990, c. P.10, s. 54 (5, 6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 198 (1, 2) - 18/12/1998 2015, c. 20, Sched. 35, s. 2 - 16/11/2015
55 A registration may be discharged or partially discharged by the registration of a financing change statement discharging or partially discharging the registration.  R.S.O. 1990, c. P.10, s. 55. Discharge or amendment
57 (1) Within thirty days after all the obligations under a security agreement that creates a security interest in consumer goods have been performed or forgiven, the secured party shall register, (a)  a financing change statement discharging the registration if the security interest has been perfected by registration; and (b)  a certificate of discharge, if a notice of security interest has been registered under section 54.  R.S.O. 1990, c. P.10, s. 57 (1). Extended time (1.1) If the 30-day period for registering a financing change statement mentioned in clause (1) (a) expires between February 26, 1996 and April 3, 1996, the period shall be extended until April 12, 1996.  1996, c. 5, s. 4. Failure to register (2) Where a secured party fails to comply with subsection (1), the secured party shall, on written notice from the debtor, pay the debtor $500 and any damages resulting from the failure, which sum and damages are recoverable in any court of competent jurisdiction. Rights not affected (3) Subsections (1) and (2) do not affect any rights under section 56 of the debtor or of any other person having an interest in the collateral.  R.S.O. 1990, c. P.10, s. 57 (2, 3). Section Amendments with date in force (d/m/y) 1996, c. 5, s. 4 (1) - 03/04/1996; 1996, c. 5, s. 4 (2) - 27/04/1996 PART V   DEFAULT — RIGHTS AND REMEDIES
57.1 Unless otherwise provided in this Part, this Part applies to a security interest only if it secures payment or performance of an obligation.  2006, c. 34, Sched. E, s. 19. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. E, s. 19 - 01/08/2007
58 The rights and remedies mentioned in this Part are cumulative.  R.S.O. 1990, c. P.10, s. 58.
59 (1) Where the debtor is in default under a security agreement, the secured party has the rights and remedies provided in the security agreement and the rights and remedies provided in this Part and, when in possession or control of the collateral, the rights, remedies and duties provided in section 17 or 17.1, as the case may be.  2006, c. 8, s. 140 (1). Enforcement by secured party (2) The secured party may enforce a security interest by any method permitted by law and, if the collateral is or includes documents of title, the secured party may proceed either as to the documents of title or as to the goods covered thereby, and any method of enforcement that is permitted with respect to the documents of title is also permitted, with necessary modifications, with respect to the goods covered thereby.  R.S.O. 1990, c. P.10, s. 59 (2). Rights and remedies of debtor (3) Where the debtor is in default under a security agreement, the debtor has the rights and remedies provided in the security agreement and the rights and remedies provided in this Part and in section 17.  R.S.O. 1990, c. P.10, s. 59 (3). Determination of standards (4) Subject to subsection (5), a security agreement may set out the standards by which the rights of the debtor and the duties of the secured party are to be measured, so long as those standards are not manifestly unreasonable having regard to the nature of the rights and duties.  R.S.O. 1990, c. P.10, s. 59 (4). Non-waiver of rights and duties (5) Despite subsection (1), the provisions of sections 17, 17.1 and 63 to 66, to the extent that they give rights to the debtor and impose duties upon the secured party, shall not be waived or varied except as provided by this Act.  R.S.O. 1990, c. P.10, s. 59 (5); 2006, c. 8, s. 140 (2). Where agreement covers both real and personal property (6) Where a security agreement covers both real and personal property, the secured party may proceed under this Part as to the personal property or may proceed as to both the real and the personal property in accordance with the secured party’s rights, remedies and duties in respect of the real property, with all necessary modifications, as if the personal property were real property, in which case this Part does not apply.  R.S.O. 1990, c. P.10, s. 59 (6). No merger in judgment (7) A security agreement does not merge merely because the claim has been reduced to judgment by the secured party or because the secured party has levied execution thereunder on the collateral.  R.S.O. 1990, c. P.10, s. 59 (7). Section Amendments with date in force (d/m/y) 2006, c. 8, s. 140 (1, 2) - 01/01/2007
60 (1) Nothing in this Act prevents, (a)  the parties to a security agreement from agreeing that the secured party may appoint a receiver or receiver and manager and, except as provided by this Act, determining the rights and duties of the receiver or receiver and manager by agreement; or (b)  a court of competent jurisdiction from appointing a receiver or receiver and manager and determining rights and duties of the receiver or receiver and manager by order.  R.S.O. 1990, c. P.10, s. 60 (1). Idem (2) Upon application of the secured party, the debtor or any other person with an interest in the collateral, and after notice to any other person that the court directs, the Superior Court of Justice, with respect to a receiver or receiver and manager however appointed, may, (a)  remove, replace or discharge the receiver or receiver and manager; (b)  give directions on any matter relating to the duties of the receiver or receiver and manager; (c)  approve the accounts and fix the remuneration of the receiver or receiver and manager; (d)  make any order with respect to the receiver or receiver and manager that it thinks fit in the exercise of its general jurisdiction over a receiver or receiver and manager.  R.S.O. 1990, c. P.10, s. 60 (2); 2000, c. 26, Sched. B, s. 16 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 16 (1) - 06/12/2000
61 (1) Where so agreed and in any event upon default under a security agreement, a secured party is entitled, (a)  to notify any person obligated on an account or on chattel paper or any obligor on an instrument to make payment to the secured party whether or not the assignor was theretofore making collections on the collateral; and (b)  to take control of any proceeds to which the secured party is entitled under section 25. Idem (2) A secured party who by agreement is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor and who undertakes to collect from a person obligated on an account or on chattel paper or an obligor on an instrument shall proceed in a commercially reasonable manner and the secured party may deduct the reasonable expenses of realization from the collections.  R.S.O. 1990, c. P.10, s. 61.
62 (1) Upon default under a security agreement, (a)  the secured party has, unless otherwise agreed, the right to take possession of the collateral by any method permitted by law; (b)  if the collateral is equipment and the security interest has been perfected by registration, the secured party may, in a reasonable manner, render such equipment unusable without removal thereof from the debtor’s premises, and the secured party shall thereupon be deemed to have taken possession of such equipment; and (c)  the secured party may dispose of collateral on the debtor’s premises in accordance with section 63.  R.S.O. 1990, c. P.10, s. 62. Exempt collateral (2) If any of the collateral in which the secured party has a security interest under the security agreement, other than a purchase-money security interest or a possessory security interest, is property that would be exempt under the Execution Act from seizure under a writ issued out of a court, that property is exempt from the rights of the secured party under subsection (1).  2006, c. 34, Sched. E, s. 20. Section Amendments with date in force (d/m/y) 2006, c. 34, Sched. E, s. 20 - 01/08/2007
64 (1) Where the secured party has dealt with the collateral under section 61 or has disposed of it, the secured party shall account for and, subject to subsection (4), pay over any surplus consecutively to, (a)  any person who has a security interest in the collateral that is subordinate to that of the secured party and whose interest, (i)  was perfected by possession, the continuance of which was prevented by the secured party who took possession of the collateral, or (ii)  was, immediately before the dealing or disposition, perfected by registration; (b)  any other person with an interest in the surplus who has delivered a written notice to the secured party of the interest before the distribution of the proceeds; and (c)  the debtor or any other person who is known by the secured party to be an owner of the collateral, but the priority of the claim of any person referred to in clauses (a), (b) and (c) against the recipient of the surplus shall not be prejudiced thereby.  R.S.O. 1990, c. P.10, s. 64 (1). Proof of interest (2) The secured party may require any person mentioned in subsection (1) to furnish proof of that person’s interest, and, unless the proof is furnished within ten days after demand by the secured party, the secured party need not pay over any portion of the surplus to the person.  R.S.O. 1990, c. P.10, s. 64 (2). Deficiency (3) Unless otherwise agreed in the security agreement, or unless otherwise provided under this or any other Act, the debtor is liable for any deficiency.  R.S.O. 1990, c. P.10, s. 64 (3). Payment into court (4) Where there is a question as to who is entitled to receive payment under subsection (1), the secured party may pay the surplus into the Superior Court of Justice and the surplus shall not be paid out except upon an application under section 67 by a person claiming an entitlement thereto.  R.S.O. 1990, c. P.10, s. 64 (4); 2000, c. 26, Sched. B, s. 16 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 16 (1) - 06/12/2000
66 (1) At any time before the secured party, under section 63, has disposed of the collateral or contracted for such disposition or before the secured party under subsection 65 (6) shall be deemed to have irrevocably elected to accept the collateral, any person entitled to receive notice under subsection 63 (4) may, unless the person has otherwise agreed in writing after default, redeem the collateral by tendering fulfilment of all obligations secured by the collateral together with a sum equal to the reasonable expenses referred to in clause 63 (1) (a) incurred by the secured party, but if more than one person elects to redeem, the priority of their rights to redeem shall be the same as the priority of their respective interests.  R.S.O. 1990, c. P.10, s. 66 (1). Consumer goods, re-instatement (2) Where the collateral is consumer goods, at any time before the secured party under section 63 has disposed of the collateral or contracted for such disposition or before the secured party under subsection 65 (6) shall be deemed to have irrevocably elected to accept the collateral, the debtor may reinstate the security agreement by paying, (a)  the sum actually in arrears, exclusive of the operation of any acceleration clause, and by curing any other default which entitles the secured party to dispose of the collateral; and (b)  a sum equal to the reasonable expenses referred to in clause 63 (1) (a) incurred by the secured party.  R.S.O. 1990, c. P.10, s. 66 (2). Limitation (3) The right to reinstate under subsection (2) may not be exercised more than once during the term of the security agreement, unless the Superior Court of Justice, on the application of the debtor, orders otherwise.  R.S.O. 1990, c. P.10, s. 66 (3); 2000, c. 26, Sched. B, s. 16 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 16 (1) - 06/12/2000 Part V.1   VExatious registrations
66.1 (1) In this Part, “discharge” includes a partial discharge; (“mainlevée”) “vexatious registration” means the registration of a document that, (a)  the registrar considers to have been tendered, (i)  for the purpose of annoying or harassing the person named as the debtor in the document, or (ii)  for any other improper purpose, and (b)  has been tendered by or on behalf of a person who, (i)  does not hold the security interest referred to in the document, or (ii)  is claiming an interest that is not registrable under this Act. (“enregistrement vexatoire”) 2020, c. 34, Sched. 19, s. 1. Reference to “document” (2) A reference to a “document” in this Part is a reference to a financing statement, a financing change statement, a claim for lien, a change statement or any other document being tendered for registration in the registration system. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020
66.2 This Part applies in relation to, (a)  every document tendered for registration before or after the coming into force of this section; and (b)  every registration in the registration system before or after the coming into force of this section. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020
66.3 (1) The registrar may reject a document that, if registered, would result in a vexatious registration. 2020, c. 34, Sched. 19, s. 1. Reasons and right to appeal (2) The registrar shall give each person who is named as a secured party on the document, (a)  written reasons for rejecting the document; and (b)  at the same time, notice of the right to appeal the decision to the Divisional Court. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020
66.4 (1) The registrar may discharge a vexatious registration, (a)  on his or her own initiative; or (b)  in response to a written request from any person who is affected by the registration. 2020, c. 34, Sched. 19, s. 1. Same (2) A request referred to in clause (1) (b) must explain why the registration is a vexatious registration. 2020, c. 34, Sched. 19, s. 1. Notification of other affected parties (3) The registrar may notify such other persons who may be affected by the registration as the registrar considers appropriate that a request referred to in clause (1) (b) has been received. 2020, c. 34, Sched. 19, s. 1. Registrar may require information (4) The registrar may require a person who has made a request referred to in clause (1) (b) to provide information or material that the registrar considers to be necessary in order to make a determination or otherwise act under this Part. 2020, c. 34, Sched. 19, s. 1. Reasons and right to appeal (5) The registrar shall give each person affected by the registration that the registrar considers appropriate, (a)  written reasons for discharging the registration or for a decision not to discharge the registration; and (b)  at the same time, notice that, (i)  in the case of a decision to discharge the registration, any person named as a secured party on the registration has a right to appeal the decision to the Divisional Court, or (ii)  in the case of a decision not to discharge the registration, the person who made the request referred to in clause (1) (b) has a right to appeal the decision to the Divisional Court. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020
66.5 (1) The rejection of a document under section 66.3 may be appealed to the Divisional Court by any person who is named as a secured party on the document. 2020, c. 34, Sched. 19, s. 1. Same (2) The discharge of a registration under section 66.4 may be appealed to the Divisional Court by any person who is named as a secured party on the registration. 2020, c. 34, Sched. 19, s. 1. Same (3) A decision not to discharge a registration under section 66.4 may be appealed to the Divisional Court by the person who made the request referred to in clause 66.4 (1) (b). 2020, c. 34, Sched. 19, s. 1. How to appeal (4) To appeal under this section, the appealing party shall file a notice of appeal with the Divisional Court within 14 days after receiving the registrar’s written reasons and give a copy of the notice to the registrar and any other person who is affected by and named in the document or registration, as the case may be. 2020, c. 34, Sched. 19, s. 1. Registrar a party (5) The registrar is a party to the appeal. 2020, c. 34, Sched. 19, s. 1. Powers of court (6) On the appeal, the court may, (a)  affirm or reverse the registrar’s decision or make any decision that the registrar could make under this Part; (b)  in the case of a re-registration of a discharged registration, give directions as to priority; and (c)  make any other order the court considers appropriate, including an order as to costs. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020
66.6 Where the registrar registers a document or discharges a registration in accordance with a court order under section 66.5, the registrar may do so without notice to any person named as a secured party on the registration or to any other person affected by the registration. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020
66.7 Subject to any court order under section 66.5, nothing in this Part is to be construed as requiring the registrar to, (a)  reject a document or discharge a registration; or (b)  act on the request of or on behalf of a person affected by a document or a registration. 2020, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 19, s. 1 - 08/12/2020 PART VI   MISCELLANEOUS
69 For the purposes of this Act, a person learns or knows or has notice or is notified when service is effected in accordance with section 68 or the regulations or when, (a)  in the case of an individual, information comes to his or her attention under circumstances in which a reasonable person would take cognizance of it; (b)  in the case of a partnership, information has come to the attention of one or more of the general partners or of a person having control or management of the partnership business under circumstances in which a reasonable person would take cognizance of it; (c)  in the case of a corporation, other than a municipal corporation or local board thereof, information has come to the attention of a senior employee of the corporation with responsibility for matters to which the information relates under circumstances in which a reasonable person would take cognizance of it.  R.S.O. 1990, c. P.10, s. 69.
70 Where in this Act, other than in sections 5, 6, 7 and 12 and in Parts III and IV and in this Part, a required time within which or before which any act or thing must be done, the Superior Court of Justice, on an application without notice to any other person, may extend or abridge the time for compliance on terms that the court considers just.  R.S.O. 1990, c. P.10, s. 70; 1998, c. 18, Sched. E, s. 199; 2000, c. 26, Sched. B, s. 16 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 199 - 18/12/1998 2000, c. 26, Sched. B, s. 16 (1) - 06/12/2000
71 (1) The registrar may authorize the destruction of books, documents, records or paper, including those related to a prior law as defined in Part VII, (a)  that have been microfilmed; or (b)  that in the registrar’s opinion need not be preserved any longer. Removal of information from registration system (2) The registrar may remove from the central file of the registration system information related to a financing statement or financing change statement, (a)  if the financing statement is no longer effective; (b)  upon the receipt of a financing change statement discharging the registration of a financing statement; (c)  upon receipt of a court order requiring the registrar to amend the information recorded in the central file to indicate the discharge of a financing statement or a financing change statement. Idem (3) The registrar, upon notice to the secured party, may remove from the central file of the registration system information related to a financing change statement if, (a)  it does not set out the correct registration or file number of the financing statement or financing change statement to which it relates; or (b)  it does not set out the name of the debtor as that name is set out in the financing statement or financing change statement to which it relates. Idem (4) Where the destruction of a document has been authorized under subsection (1), the registrar, instead of destroying the document, may release the document to the secured party or the secured party’s agent.  R.S.O. 1990, c. P.10, s. 71.
72 Except in so far as they are inconsistent with the express provisions of this Act, the principles of law and equity, including the law merchant, the law relating to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake and other validating or invalidating rules of law, shall supplement this Act and shall continue to apply.  R.S.O. 1990, c. P.10, s. 72.
73 (1) Where there is a conflict between a provision of this Act and a provision of any general or special Act, the provision of this Act prevails. 2015, c. 38, Sched. 7, s. 57 (1). Exceptions (2) Despite subsection (1), (a)  where there is a conflict between a provision of this Act and a provision of the Consumer Protection Act, 2002, the provision of the Consumer Protection Act, 2002 prevails; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 73 (2) (a) of the Act is amended by striking out “Consumer Protection Act, 2002” wherever it appears and substituting in each case “Consumer Protection Act, 2023”. (See: 2023, c. 23, Sched. 1, s. 116 (2)) (b)  where there is a conflict between a provision of this Act and a provision of the Forfeited Corporate Property Act, 2015, the provision of the Forfeited Corporate Property Act, 2015 prevails; and (c)  where there is a conflict between a provision of this Act and a provision of the Escheats Act, 2015, the provision of the Escheats Act, 2015 prevails. 2015, c. 38, Sched. 7, s. 57 (1). Section Amendments with date in force (d/m/y) 2002, c. 30, Sched. E, s. 14 (2) - 30/07/2005 2015, c. 38, Sched. 7, s. 57 (1) - 10/12/2016 2023, c. 23, Sched. 1, s. 116 (2) - 06/12/2023
73.1 (1) The Minister responsible for the administration of this Act may make orders, (a)  Repealed:  2006, c. 34, Sched. E, s. 24 (1). (b)  specifying business hours for the offices of the registration system or any of them; (c)  respecting the registration system and searches of it; (d)  requiring the payment of fees, other than fees mentioned in subsection 74 (1), and specifying the amounts of those fees; (e)  specifying forms, the information to be contained in forms, the manner of recording the information, including the manner of setting out names, and the persons who shall sign forms; (f)  governing the format or formats of financing statements or financing change statements, the format or formats of verification statements and the information to be included in the statements; (g)  governing the tendering for registration of financing statements and financing change statements; (h)  Repealed:  2006, c. 34, Sched. E, s. 24 (2). (i)  requiring that the forms to be used shall be those provided or approved by the registrar; (j)  governing the time assigned to the registration of financing statements and financing change statements; (k)  specifying abbreviations, expansions or symbols that may be used in a financing statement or financing change statement or in the recording or production of information by the registrar; (l)  Repealed:  2006, c. 34, Sched. E, s. 24 (3). (m)  specifying a lexicon of French-English terms to be used in connection with required forms and deeming the corresponding forms of expression in the lexicon to have the same effect in law.  1998, c. 18, Sched. E, s. 200; 2006, c. 34, Sched. E, s. 24. Not regulations (2) An order made by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 18, Sched. E, s. 200; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 200 - 18/12/1998 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007; 2006, c. 34, Sched. E, s. 24 (1-3) - 01/08/2007 2012, c. 8, Sched. 45, s. 7- See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022 73.2 Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 45, s. 8 - See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022
74.1 (1) The Minister may make regulations, (a)  governing registrations in respect of personal property that became the property of the Crown as a result of the dissolution of a corporation; (b)  for the purposes of paragraph 3.1 of subsection 30 (1), prescribing classes of collateral and the priority rules that apply with respect to the classes; (c)  providing for any transitional matter that, as a result of the coming into force of the amendments to this Act made by Schedule 49 to the Protecting What Matters Most Act (Budget Measures), 2019, the Minister considers necessary for the effective implementation of this Act or the regulations. 2019, c. 7, Sched. 49, s. 9. Same (2) A regulation made under clause (1) (a) may specify provisions of this Act that do not apply in respect of registrations or may provide that specified provisions apply with necessary modifications. 2019, c. 7, Sched. 49, s. 9. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 57 (4) - 10/12/2016 2019, c. 7, Sched. 49, s. 9 - 15/05/2020 PART VII   APPLICATION AND TRANSITION
75 In this Part,  “prior law” means, (a)  the law related to a security agreement made before the 1st day of April, 1976, where the security agreement was one to which The Assignment of Book Debts Act, The Bills of Sale and Chattel Mortgages Act or The Conditional Sales Act, being chapters 33, 45 and 76, respectively, of the Revised Statutes of Ontario, 1970, or the predecessors thereof, applied, (b)  the law related to a security agreement made before the 10th day of October, 1989 where the security agreement was one to which the
Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or predecessor thereof, applied, (c)  the law related to a security agreement made before the 1st day of April, 1976, where the security agreement is not a security agreement described in clause (a) or (b).  R.S.O. 1990, c. P.10, s. 75.
76 (1) Except as otherwise provided in this Part, this Act applies, (a)  to every security agreement made on or after the 10th day of October, 1989; and (b)  to every security agreement made on or after the 1st day of April, 1976 if the security agreement was one to which the Personal Property Security Act, being chapter 375 of the Revised Statutes of Ontario, 1980, applied immediately before the repeal of that Act. Idem (2) Except as otherwise provided in this Part, this Act does not apply, (a)  to a security agreement to which a prior law applied at the time of its making including any advance or extension of credit, delivery of goods or other event occurring pursuant thereto whether before or after the 10th day of October, 1989; or (b)  to a transfer of chattel paper or an account, other than a transfer of a book debt, made before the 10th day of October, 1989 which does not secure payment or performance of an obligation. Saving (3) This Act does not affect the rights acquired by any person from a judgment or order of any court given or made before the 10th day of October, 1989, or affect the outcome of any litigation commenced on or before that day. Priority of interest (4) Priority between security interests under security agreements described in clause (1) (b) shall be determined in accordance with the law as it existed immediately before the 10th day of October, 1989 if the security interests have been continuously perfected since that day.  R.S.O. 1990, c. P.10, s. 76.
77 (1) Every security agreement to which the prior law as described in clause 75 (a) applied at the time of its making continues to have such force and effect as if the Acts referred to in that clause had not been repealed if the security interest was covered by an unexpired registration under the Personal Property Security Act, being chapter 375 of the Revised Statutes of Ontario, 1980, immediately before the 10th day of October, 1989. Idem (2) Where a security interest under a security agreement described in subsection (1) was not covered under an unexpired registration immediately before the 10th day of October, 1989, the security interest may be perfected by the registration of a financing statement. Application of Part IV (3) Part IV applies to the perfection, continuation of perfection and reperfection of a security interest under a security agreement to which subsection (1) or (2) applies. Where certain changes have not been recorded (4) Where before the 10th day of October, 1989, a secured party under a security agreement to which the prior law as described in clause 75 (a) applied at the time of its making failed to register a financing change statement after learning of the transfer of collateral and the information required to register a financing change statement or after learning of the change of name and the new name of the debtor, the secured party shall register a financing change statement recording the transfer or the new name of the debtor, as the case may be, by the 10th day of October, 1991. Effect of failure to comply (5) Where a secured party fails to register a financing change statement under subsection (4) by the 10th day of October, 1991, the security interest created by the security agreement shall be subordinate to the interest of any person without knowledge of the security interest who has subsequently acquired rights in the collateral and has relied upon a search made in the central file of the registration system in the name of the transferee or the changed name of the debtor, as the case may be.  R.S.O. 1990, c. P.10, s. 77.
79 (1) A mortgage, charge or assignment, the registration of which was provided for in the Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or a predecessor thereof, shall not be invalid by reason only that it was not registered under that Act, if the security interest created by the mortgage, charge or assignment was perfected by registration in compliance with the Personal Property Security Act, being chapter 375 of the Revised Statutes of Ontario, 1980, and the said Personal Property Security Act
shall be deemed to have applied to the security interest so created from its creation and as of the 10th day of October, 1989, this Act applies to the security interest. Idem (2) Subsection (1) applies even if after the perfection of a security interest by registration under the Personal Property Security Act, being chapter 375 of the Revised Statutes of Ontario, 1980, the mortgage, charge or assignment was registered under the Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or a predecessor thereof. Dual registration (3) Despite subsections (1) and (2), where, (a)  a security agreement created or provided for both, (i)  a security interest in any class or classes of collateral and the security interest was a mortgage, charge or assignment, the registration of which was provided for in the Corporation Securities Registration Act, being chapter 94 of the Revised Statutes of Ontario, 1980, or a predecessor thereof, and (ii)  a security interest in collateral other than collateral described in subclause (i) and the security interest was not a mortgage, charge or assignment, the registration of which was provided for in the said Corporation Securities Registration Act, or a predecessor thereof; and (b)  regardless of which occurred first, (i)  the mortgage, charge or assignment described in subclause (a) (i) was registered under the said Corporation Securities Registration Act, or a predecessor thereof, and (ii)  a financing statement was registered under a predecessor of this Act in relation to the security interest described in subclause (a) (ii) and the financing statement and the financing change statements, if any, in relation thereto, do not claim a security interest in the collateral described in subclause (a) (i), the said Corporation Securities Registration Act and this Act, except subsections (1) and (2), apply to the security interest described in subclause (a) (i) and the predecessor of this Act and this Act apply to the security interest described in subclause (a) (ii).  R.S.O. 1990, c. P.10, s. 79.
80 (1) Upon the request of any person and upon payment of the required fee, a document registered under a prior law shall be provided for inspection unless the document has been destroyed.  R.S.O. 1990, c. P.10, s. 80 (1); 1998, c. 18, Sched. E, s. 202 (1). Copies of documents (2) Upon the request of any person and upon payment of the required fee, the registrar shall furnish the person with a certified copy of a document registered under a prior law unless the document has been destroyed.  R.S.O. 1990, c. P.10, s. 80 (2); 1998, c. 18, Sched. E, s. 202 (2). Idem (3) A certified copy provided under subsection (2) is proof, in the absence of evidence to the contrary, of the contents of the document so certified.  R.S.O. 1990, c. P.10, s. 80 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 202 (1, 2) - 18/12/1998
81 Except as provided in subsections 78 (7) and (12), the order of priorities between a security interest created under a prior law and any other security interest shall be determined without regard to the priority rules set out in this Act.  R.S.O. 1990, c. P.10, s. 81.
82 (1) A financing statement or financing change statement prepared in accordance with the Personal Property Security Act, being chapter 375 of the Revised Statutes of Ontario, 1980 and the regulations thereunder, as they read immediately before the repeal of that Act, shall be accepted for registration if it is received by the registrar or a branch registrar by the 8th day of November, 1989. Period of registration (2) Every financing statement or financing change statement received by the registrar or a branch registrar before the repeal of the Personal Property Security Act, being chapter 375 of the Revised Statutes of Ontario, 1980, or received under subsection (1) expires on the expiry of the third anniversary of its registration or, in the case of a financing change statement that does not extend a period of registration, with the expiry of the financing statement to which it relates and may be renewed under this Act.  R.S.O. 1990, c. P.10, s. 82.
83 (1) No sale of goods to which the Bills of Sale Act, being chapter 43 of the Revised Statutes of Ontario, 1980, applied before its repeal shall be void for failure to comply with that Act. Idem (2) Subsection (1) does not affect the rights acquired by any person from a judgment or order of any court before the 10th day of October, 1989 or affect the outcome of any litigation commenced on or before the 8th day of June, 1988.  R.S.O. 1990, c. P.10, s. 83.
84 (1) The provisions of the Securities Transfer Act, 2006, including the provisions in Part VIII of that Act, do not affect an action or other proceeding commenced before this section comes into force.  2006, c. 8, s. 141. Same (2) No further action is required to continue perfection of a security interest in a security if, (a)  the security interest in the security was a perfected security interest immediately before this section comes into force; and (b)  the action by which the security interest was perfected would suffice to perfect the security interest under this Act.  2006, c. 8, s. 141. Same (3) A security interest in a security remains perfected for a period of four months after this section comes into force and continues to be perfected thereafter where appropriate action to perfect the security interest under this Act is taken within that period if, (a)  the security interest in the security was a perfected security interest immediately before this section comes into force; but (b)  the action by which the security interest was perfected would not suffice to perfect the security interest under this Act.  2006, c. 8, s. 141. Same (4) A financing statement or financing change may be registered under this Act within the four-month period referred to in subsection (3) to continue that perfection, or thereafter to perfect, if, (a)  the security interest was a perfected security interest immediately before this section comes into force; and (b)  the security interest can be perfected by registration under this Act.  2006, c. 8, s. 141. Section Amendments with date in force (d/m/y) 2006, c. 8, s. 141
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