Priorities Outside The Alberta Personal Property Security Act (PPSA)

A. INTRODUCTION

S4 of the PPSA, provides that "except as otherwise provided" in the PPSA, the PPSA does not apply to a number of enumerated liens, charges or other interests, including as set out in s4(a) "a lien, charge or other interest given by an Act or rule of law in force in Alberta".

Also, s32 of the PPSA provides that where a person in the ordinary course of business furnishes materials or services with respect to goods, any lien that that person has with respect to the materials or services has priority over perfected or unperfected PPSA security interests in the goods unless the lien is given by an Act that provides that the lien does not have priority.

This paper discusses some of the "liens, charges or other interests" where, save as otherwise provided under the PPSA, the PPSA priority rules do not apply or are of limited application. Unless otherwise stated, all references to the word "property" in this paper, refer to personal property.