Today, the Government of Yukon brought into force a new regulation under the Financial Administration Act to authorize the Yukon sheriff’s office to provide repossession services to creditors under the Personal Property Security Act. It also establishes a fee structure that ensures the costs of repossession services are covered by creditors who benefit from the service.
Last summer, the Yukon sheriff’s office paused private repossession and recovery services because of liability concerns. This new regulation addresses these liability concerns and sets out parameters for service provision. It also establishes a modern fee structure for the sheriffs to act as private bailiffs, making such services part of their official duties and indemnifying the sheriffs.
With this regulation in place, the Yukon sheriff’s office will resume its repossession and recovery services as private bailiffs.
This regulation will authorize the Yukon’s sheriff’s office to continue their work as private bailiffs. It is important work that needs to be supported by a clear regulatory framework and we are pleased to announce this regulatory work has been completed and the sheriff’s office will now resume providing this important service in the Yukon. This regulation will also introduce a new fee schedule that will recover costs so that taxpayers are not subsidizing the enforcement of private contracts between lenders and borrowers.
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The Personal Property Security Act allows lenders and buyers to enter secured contracts in which the asset purchased, such as a car or business equipment, serves as collateral for a loan. If the buyer defaults on their payment obligations towards the loan, the Act permits the lender to repossess the asset using the services of a private bailiff.
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The sheriff's office will process existing and incoming requests in a timely manner.
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The new fees are consistent with other jurisdictions in Canada.
Laura Seeley
Cabinet Communications
867-332-7627
[email protected]
Francis Lefebvre
Communications, Justice
867-667-8144
[email protected]