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ARTICLE · 24 JULY 2025

Country Comparative Guide 2025: Restructuring & Insolvency Law In Canada

Gowling WLG
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In Canada, the common forms and requirements for the creation and perfection of security granted over immovable and movable property depend on provincial/territorial legislation. Canada is a federal jurisdiction...

CanadaInsolvency/Bankruptcy/Re-Structuring
Clifton Prophet
Clifton Prophet
David Cohen
David Cohen
Geneviève Cloutier
Geneviève Cloutier
Thomas Gertner
Thomas Gertner
Kate Yurkovich
Kate Yurkovich
Patrick Cajvan
Patrick Cajvan
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1. What forms of security can be granted over immovable and movable property? What formalities are required and what is the impact if such formalities are not complied with?

In Canada, the common forms and requirements for the creation and perfection of security granted over immovable and movable property depend on provincial/territorial legislation. Canada is a federal jurisdiction with two distinct legal systems. All provinces and territories are common law jurisdictions except the Province of Québec, which is a civil law jurisdiction.

Immovable property

Common law jurisdictions

Forms of security over immovable property/real property commonly utilized in the common law provinces include:

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