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The Registration of Property Restraint Orders Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 14, 2017.
It has been in effect since August 9, 2002.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. R48

The Registration of Property Restraint Orders Act

(Assented to June 28, 1997)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"Attorney General" has the meaning given it

(a) in section 2 of the Criminal Code (Canada), or

(b) in subsection 2(1) of the Controlled Drugs and Substances Act (Canada),

as the case may be; (« procureur général »)

"financing statement" means a financing statement as defined in The Personal Property Security Act; (« état de financement »)

"Personal Property Registry" means the Personal Property Registry continued under The Personal Property Security Act; (« Bureau d'enregistrement relatif aux biens personnels »)

"restraint order" means a restraint order made under one of the following provisions:

(a) section 83.13 or 462.33 of the Criminal Code (Canada),

(b) section 23 of the Controlled Drugs and Substances Act (Canada); (« ordonnance de blocage »)

"The Personal Property Security Act" means The Personal Property Security Act, enacted by S.M. 1993, c. 14, and the regulations under that Act. (« Loi sur les sûretés relatives aux biens personnels »)

S.M. 2002, c. 26, s. 36.

Registration of restraint order

2           A copy of a restraint order may be registered against personal property by submitting a financing statement for registration in the Personal Property Registry in accordance with The Personal Property Security Act.

S.M. 2002, c. 26, s. 37.

Application of Personal Property Security Act

3(1)        Part 5 of The Personal Property Security Act applies to the registration of a financing statement with respect to a restraint order under this Act, with such modifications as the circumstances require.

Interpretation

3(2)        For the purpose of registering a financing statement with respect to a restraint order under The Personal

Property Security Act,

(a) the person who is named in the restraint order is deemed to be a debtor under that Act;

(b) the Attorney General who made the application for the restraint order is deemed to be a secured party under that Act; and

(c) the personal property which is specified in the restraint order is deemed to be collateral under that Act.

S.M. 2002, c. 26, s. 37.

Effect of registration

4           The registration of a financing statement with respect to a restraint order does not

(a) affect the priority of an interest in personal property unless another enactment of Manitoba or Canada provides otherwise; or

(b) create a security interest as defined in The Personal Property Security Act.

S.M. 2002, c. 26, s. 37.

Regulations

5           The Lieutenant Governor in Council may make regulations respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

C.C.S.M. reference

6           This Act may be referred to as chapter R48 of the Continuing Consolidation of the Statutes of Manitoba.

S.M. 2002, c. 26, s. 38.

Coming into force

7           This Act comes into force on a day fixed by proclamation.

NOTE:  S.M. 1997, c. 25 was proclaimed in force September 5, 2000.