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Security Interests In Railcars
The railcar leasing industry in Canada and throughout North America has seen remarkable growth in recent years. The aging and gradual failure of current fleets of railcars, the desire to implement newer technology and the introduction of regulations that require the replacement of tank cars or retrofitting means that railcar leasing activities will continue to increase in coming years. This article provides an overview of the process for registering security interests over railcars in Canada, which is similar in many respects to the process for registering railcar security interests with the Surface Transportation Board in the United States. We also outline several considerations of which to be mindful when registering security interests over railcars in Canada.
Registrations/Deposits
The registration of security agreements, leases and other documents relating to railcars is governed in Canada by the Canada Transportation Act (S.C. 1996, c.10) (the “CTA”). To obtain a security interest in railcars, the underlying document that grants the security interest must be deposited with the Registrar General of Canada (the “Registrar”) pursuant to the applicable section of the CTA.
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