This Div is a JS Trigger
Issue 66 | November 2020

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
What's in a Name?: PPSA Registration Name Requirements

When registering a security interest against an individual under the Personal Property Security Act, Regulation 20(1) requires the inclusion of the debtor’s middle name as part of the registration. The failure to include a debtor’s middle name could compromise the security, particularly if the debtor subsequently declares bankruptcy.

PPSA registrations can be corrected prior to a debtor declaring bankruptcy. If you have done a PPSA registration and you are unsure if you included the debtor’s middle name, it would be prudent to check the registration and make any necessary corrections.

Here is Section 20 of the Personal Property Security Act, General Regulations, NS Reg 129/97:

Debtor (individual) name information

20 (1) Where the debtor is an individual, the registrant shall enter the last name followed by the first name followed by the middle name, if any, of the debtor.

(2) Where the debtor is an individual whose name includes more than 1 middle name, the registrant shall enter the first of the middle names.

(3) Where the debtor is an individual whose name consists of only 1 word, the registrant shall enter that word in the field for entering the last name of the debtor.

(4) Where the debtor is an individual who carries on business under a name and style other than the individual’s own name, the registrant

(a) shall enter, in accordance with this Section, the individual’s own name as a debtor (individual); and

(b)  may enter, in accordance with Section 21, the individual’s business name and style as a debtor (enterprise).

(5) Where the debtor is an individual, the name of the debtor shall be determined, for the purposes of this Section, by the following rules:

(a) where the debtor was born in Canada and the debtor’s birth is registered in Canada with a government agency responsible for the registration of births, the name of the debtor is the name stated on the debtor’s birth certificate or equivalent document issued by the government agency;

(b) where the debtor was born in Canada but the debtor’s birth is not registered in Canada with a government agency responsible for the registration of births, the name of the debtor is

(i) the name stated in a current passport issued to the debtor by the Government of Canada,

(ii) if the debtor does not have a current Canadian passport, the name stated on a current social insurance card issued to the debtor by the Government of Canada, or

(iii) if the debtor does not have a current Canadian passport or social insurance card, the name stated in a current passport issued to the debtor by the government of a jurisdiction other than Canada where the debtor habitually resides;

(c) where the debtor was not born in Canada but is a Canadian citizen, the name of the debtor is the name stated on the debtor’s certificate of Canadian citizenship;

(d) where the debtor was not born in Canada and is not a Canadian citizen, the name of the debtor is

(i) the name stated on a current visa issued to the debtor by the Government of Canada,

(ii) if the debtor does not have a current Canadian visa, the name stated on a current passport issued to the debtor by the government of the jurisdiction where the debtor habitually resides, or

(iii) if the debtor does not have a current Canadian visa or a current passport, the name stated on the birth certificate or equivalent document issued to the debtor by the government agency responsible for the registration of births at the place where the debtor was born;

(e) despite clauses (a) to (d) and subject to clause (f), if the debtor changes his or her name after marriage or in accordance with change of name legislation, the name of the debtor is the name adopted by the debtor after marriage, if that name is recognized under the law of the jurisdiction where the debtor habitually resides, or the name stated on the debtor’s change of name certificate or equivalent document, as the case may be;

(f) where the law of the jurisdiction where the debtor habitually resides allows a person to use both the name adopted after marriage and the name that person had before marriage, and the debtor uses both names, clauses (a) to (d) continue to apply and both the name of the debtor determined in accordance with those clauses and the name adopted after marriage shall be registered as separate debtor (individual) names; and

(g) in a case not falling within clauses (a) to (f), the name of the debtor is the name stated on any 2 of the following documents issued to the debtor by the Government of Canada or of a province or territory of Canada:

(i) a current motor vehicle operator’s licence,

(ii) a current vehicle registration,

(iii) a current medical insurance card.

(6) For the purposes of subsection (5), the name of the debtor shall be determined as of the date of the event or transaction to which the registration relates.

(7) In addition to entering the name of a debtor who is an individual determined in accordance with this Section, the registrant may enter any other name of the debtor of which the registrant has knowledge as a separate debtor (individual) name.