Register a matrimonial property order in the Personal Property Registry
Individuals that have a matrimonial property order can register the order against personal property (any property other than land) in the Personal Property Registry. An order establishes the applicant spouse’s rights to the secured property.
Register a matrimonial property order against personal property (any property other than land) in the Personal Property Registry.
Individuals that have a matrimonial property order can register the order against personal property (any property other than land) in the Personal Property Registry. Registering an order establishes the secured party’s rights to the secured property.
Personal property
Personal property includes any property other than land. Personal property is considered movable property (property that can be moved from one location to another).
You can’t register a security interest (lien) against real property (land, real estate and immovable property) in the Personal Property Registry. If you need to register an interest against real property, visit Land Registry.
Notice of Order
By registering a matrimonial property of order, an applicant spouse (individual who is owed money) notifies the public of a security interest (lien) they have in personal property. There may already be other registered orders with a security interest (lien) in the personal property. Registering an order helps establish your priority in relation to other creditors.
Length of registration
You can register an order in the Personal Property Registry for a period of 1 year to infinity from the date of the registration. When registering, consider the length of time you need the order to be registered for.
Registration expiry
As the applicant spouse (individual who is owed money or the return of goods), you need to keep track of when the registration expires. You can renew or re-register to extend the length of the registration at any time before the registration expires or within 30 days of the expiry.
If you don’t renew or re-register within 30 days of the expiry, you lose your priority over other creditors. You also have to pay the initial registration fee again, as well as the yearly fee.
ACOL account
You need to have an ACOL client or judgment creditor account to register an order in the Personal Property Registry.
Private service providers
If you’re unsure how to register an order, there are organizations that can help you with the registration or perform a search within the Personal Property Registry. Many law firms and search houses can register an order on your behalf for an additional fee. ACOL also provides a list of private service providers to help you identify organizations that can help with the registration or search process.
Eligibility
Individuals that have a matrimonial property order need to register the order against personal property (any property other than land) in the Personal Property Registry to establish their rights to the secured property.
You can register if there are sufficient grounds for registration (for example, you have a security agreement) and the registration is made in good faith.
How to register
- Review the rules and procedures outlined in the Personal Property Security Act General Regulations (including how to enter your information in the Personal Property Registry). Sections 19, 20 and 21 outline the rules for entering debtor information.
- Complete the registration form online, including the length of registration.
- Submit your completed registration and payment.
- The Personal Property Registry confirms your registration with a Verification Statement. Keep a copy of the Verification Statement for your records.
- Take a copy of the Verification Statement to the sheriff, if required.
How long it takes
You should get the Verification Statement right away.
Cost
Registration fees include an initial registration fee and a fee for each year of registration.
| Activity | Fee |
|---|---|
| Initial registration (doesn’t include fee for each year of registration) | $26.50 |
| Each year | $9.25 |
| Infinity | $623.00 |
Payment options
Payment options vary depending on your type of ACOL account. If you have a judgment creditor account, you need to pay by Visa, MasterCard or American Express. If you have a client account, you need to deposit funds into your account before you make a registration payment (your account balance needs to be more than the cost of the registration or you won’t be able to complete the payment).
Before you start
Make sure you:
- understand the rules and procedures in the Personal Property Security Act General Regulations that you need to follow when registering an order in the Personal Property Registry
- create an ACOL client or judgment creditor account or have your username and password (you get these when you create your ACOL account)
- have an ACOL account balance of more than the cost of the registration if you have an ACOL client account
- have a credit card (Visa, MasterCard or American Express) if you have an ACOL judgment creditor account
- have Adobe Reader or other software to read the Verification Statement (PDF format)
Register online
You can hire a private service provider to register an order on your behalf if you’re unable to register the order online or don’t have an ACOL client or judgment creditor account.
You can also use a public access terminal at Land Registry to register an order. Bring the original court order or security agreement and 2 pieces of identification with you (1 needs to be a Driver’s Licence, passport, Health Card or Birth Certificate). You need to complete the registration yourself. Land Registry can’t help you with the registration process.
Renewal
You need to renew or re-register within 30 days of the expiry of your registration. It’s your responsibility to renew on time.