The True North
By William Meany, Professional Repossessor, August 1997

Have you ever heard the line “gone to Canada”. Fear no longer. Just because a debtor has headed for the great white north, doesn’t mean that the trail is cold. Canada is well known for its Royal Canadian Mounted Police (R.C.M.P), and its repossessors, who always get their man. Even if you have never ventured to Canada, you may have heard of its well renowned cities such as Vancouver, Toronto, or Montreal - all havens for U.S. debtors.

Canada, affectionately known as the "True North, Strong and Free", has become a natural geographic haven for American debtors hoping to evade U.S. creditors and cool off with a free car.

Canada is a huge country, larger than the United States, and has literally millions of places for a debtor to hide. Made up of ten provinces and two territories, the country stretches from the Pacific to the Atlantic, and from the Arctic to the US/Canadian border; the largest undefended border in the world.

Although perhaps best known to its American neighbors for its polar bears, igloos, and a place that Santa Claus travels over to get to the United States, Canada is a sophisticated nation with a population of 30 million. The repossession business in Canada is a highly evolved procedure, with knowledge and skilled recovery agents covering every corner of the country. Not unlike the situation in the US., recovery in Canada is restricted by region. The provinces are the equivalent of states in the US., and there are different laws and regulations governing each province. Repossessors in Canada are known as bailiffs, who enforce the rights of self-help repossession. Bailiffs, for the most part, are appointed by the regional government and are restricted to operate in only the judicial region for which they are appointed.

In Canada, liens are recorded differently than in the United States. Liens do not appear on the title, but rather on a central registry referred to as the Personal Property Security Registration. (P.P.S.R).

A United States creditor that that wishes to enforce its rights over collateral in Canada must first register interest in the goods with Personal Property Security Registration. Upon registration the creditor maintains all the rights available under the Personal Property Security Act. (P.P.S.A.), the enactment of laws governing personal property security interests. Such rights include those of seizure and sale.

Because of the enormous size of the country, there are necessarily hundreds of repossession/bailiff companies who specialize in seizures. Although these are often utilized directly by creditors, there has been a movement in recent years towards companies that handle registration of liens, perfection of security interests, seizure, private investigation, legal notices, and disposition of collateral, all on a national basis. This enables a creditor or foreign recovery company to work through one full-service company that covers the entire country.

Next time you hear the words "Gone to Canada", equate it with the word "seized", and have ready confidence in the ability of your repossessor neighbors to the north. Whether its –75 in the barren Arctic Circle or hidden in the urban jungle of a major city, they always get their man.

William Meany is President of ASSET Recovery Management and Sales, a Canadian national full service repossession and sales company with over a hundred agents who cover Canada from coast to coast. He can be reached at (416) 977-7771 or at william.meany@ASSET.net.