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ARTICLE · 27 SEPTEMBER 2016

Lightening The Load – Proposed Reduction In Secured Party's Burdens When Taking Security Over Personal Property

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Pursuant to Bill 218, Burden Reduction Act, 2016, which passed its first reading in June 2016, the PPSA (Ontario) will be amended so that a debtor will be able to waive its right to receive a copy of the verification statement.

CanadaFinance and Banking

Pursuant to Bill 218, Burden Reduction Act, 2016, which passed its first reading in June 2016, the Personal Property Security Act (Ontario)1 (PPSA (Ontario)) will be amended so that a debtor will be able to waive its right to receive a copy of the verification statement.

Currently, the PPSA (Ontario) states:

Section 46(6) Copy to debtor - Within 30 days after the date of registration of a financing statement or financing change statement, the secured party shall deliver a copy of a verification statement to the debtor.

Failure to comply with this requirement is punishable by a fine of $500 payable by the secured party to the debtor.

The proposed amendments provide that:

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