BILL 50
An Act to Amend the
Registry Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
13 of the English version of the Registry Act, chapter R-6 of the
Revised Statutes, 1973, is amended by striking out “papers”
and substituting “document”.
2 The
Act is amended by adding after section 13 the following:
Powers regarding document
maintenance and disposal
13.1(1) Any instrument or document registered in the registry office
for any county and any index, book or record used in connection with
such instrument or document
(a) may be kept in paper or photographic
film form, or
(b) may be entered or recorded by any
system of mechanical or electronic data processing or by any other
information storage system that is capable of reproducing any required
information in an accurate and intelligible paper form within a reasonable
time.
13.1(2) Instruments, documents, indices, books
or records referred to in subsection (1) that are kept in one form
may be converted to any other form.
13.1(3) Where instruments, documents, indices, books or records referred
to in subsection (1) are kept by the registrar otherwise than in paper
form, the registrar shall furnish copies or abstracts under subsection 12(1) or exemplifications or certified
copies under section 13 in an accurate
and intelligible paper form.
13.1(4) The registrar may destroy or otherwise dispose of any instrument,
document, index, book or record referred to in subsection (1) at any
time after the instrument, document, index, book or record has been
converted to another form.
13.1(5) Subsection (4) does not apply to an original will deposited in
the registry office for registration.
13.1(6) The registrar may destroy or otherwise dispose of the following
documents, indices, books or records kept in the registry office,
whether or not they have been converted to another form:
(a) any document filed under the Assignment of Book Debts Act, chapter
A-15 of the Revised Statutes, 1973, the Conditional Sales Act, chapter C-15 of the Revised Statutes,
1973, or the Bills of Sale Act, chapter B-3 of the Revised Statutes, 1973, before the repeal of
those Acts, other than a document evidencing a sale of chattels that
has been filed under the Bills of
Sale Act, if
(i) the document has been discharged or
the registration of the document has lapsed, or
(ii) the filing or registration of the
document was continued by registration under the Personal Property Security Act and
the registration under the Personal
Property Security Act was discharged or lapsed without being
re-registered under that Act within 30 days after the lapse or discharge,
or
(b) any index, book or record used in
connection with a document destroyed or otherwise disposed of under
paragraph (a) if the index, book or record does not contain information
relating to any document remaining in the registry office.
Electronic information storage
system
13.2(1) In this section, “entry”
includes a note, a notation or a memorandum.
13.2(2) Where an instrument or a document registered in any registry
office for any county is kept by the registrar in an electronic information
storage system,
(a) any reference in this Act, any other
Act or any regulation under this or any other Act to the registry
book or to any other book or index used in connection with the instrument
or document shall be construed to include that electronic information
storage system;
(b) subject to paragraph (c), a requirement
imposed by or under this Act, any other Act or any regulation under
this or any other Act that the registrar make an entry in relation
to the instrument or document in the registry book, or in any other
book or index used in connection with the instrument or document,
shall be deemed to be met if the registrar makes an entry in the electronic
information storage system having the same or similar effect as the
required entry; and
(c) a requirement imposed by or under
this Act, any other Act or any regulation under this or any other
Act that the registrar make an entry on the margin of the registry
book or of any other book in which the instrument or document is registered
shall be deemed to be met if the registrar makes an entry in the electronic
information storage system having the same or similar effect as the
required entry with the result that the system causes a notice containing
the information entered to appear whenever the instrument or document
is accessed on the system.
13.2(3) Paragraph (2)(c) applies with the necessary modifications to
a requirement imposed by or under this Act, any other Act or any regulation
under this or any other Act that the registrar make an entry in the
margin of or opposite the entry or registry of a registered instrument
or document.
3 Section
15 of the Act is amended
(a) in subsection (1) by
striking out “any book, record, plan or instrument” and
substituting “any
book, record, plan or instrument kept in paper form”;
(b) by repealing subsection
(2).
4 Section 15.1 of the Act is repealed.
5 Paragraph 17(b) of the Act is amended by striking out “preserved;
and that the handwriting in which the said records are made is clear
and legible” and substituting “preserved”.
6 Section
50 of the Act is amended
(a) in subsection (1) by
striking out “upon the original instrument being deposited with
the registrar” and “upon one such part being deposited”
and substituting “upon
the production to the registrar of the original instrument” and “upon the production
of one such part” respectively;
(b) by repealing subsection
(2.1).
7 Section
52 of the Act is repealed.
8 Section
53 of the Act is repealed and the following is substituted:
Court order respecting
production of book or record
53 The registrar shall not be obliged to attend any court with any book
or record in the registrar’s custody unless the judge presiding,
or appointed to preside, shall for special reasons appearing to him
or her sufficient order the production of the book or record, nor
unless a copy of such order is served with the summons to witness.
9 Section
54 of the Act is amended
(a) by striking out “,
and the registrar shall enter a minute of the satisfaction in the
margin of the registry of the mortgage with a reference to the book
and page where the certificate is registered”;
(b) by striking out “; or the mortgagee,
his representatives or assigns may acknowledge satisfaction in the
margin of the registry book against the registry of the mortgage in
the presence of the registrar, who shall witness it, and from the
time of the entry thereof it shall discharge the mortgage, and revest
the legal estate in the mortgagor, his heirs or assigns, but no corporation
shall discharge a mortgage except by certificate of satisfaction”.
10 Section 57 of the Act is repealed and the
following is substituted:
Certificate of satisfaction
of judgment
57 A registered certificate or memorial of
judgment may be discharged or partially discharged by the person entitled
to discharge the same, by certificate executed and registered in the
same manner as a certificate of discharge of mortgage, and such certificate,
when registered, shall have the effect of releasing the land charged
by the registration of such memorial or certificate of judgment, or
such portion thereof as may be specially mentioned in such discharge.
11 Paragraph
71(1)a) of the French version of the Act is amended by striking out “doivent être
tenus” and substituting “doivent être conservés”.
CONSEQUENTIAL AMENDMENT
Memorials and Executions
Act
12 Section 8 of the Memorials and Executions
Act, chapter M-9 of the Revised Statutes, 1973, is amended by striking
out “referring to the book and page wherein the said rule or
order is registered,” and substituting “referring to the registry number
of the rule or order that was registered,”.
COMMENCEMENT
13(1) Subject to subsection (2), this Act or any provision of it comes
into force on a day or days to be fixed by proclamation.
13(2) Paragraph 9(a) of this Act shall be deemed to have come into force
on April 19, 2002.
EXPLANATORY NOTES
Section 1
Consequential amendment.
Section 2
New provisions.
Section 3
(a) Consequential amendment.
(b) The existing provision is
as follows:
15(2) Every original shall be carefully preserved,
notwithstanding that a copy thereof has been made, either by keeping
such original in a place of safe custody in the Registry Office or
by placing the original in the Provincial Archives and every registrar
or his deputy shall be obliged to make his affidavit or declaration
mentioned in this section.
Section 4
The existing provision is as follows:
15.1(1) Notwithstanding any other provision of this Act or any other
Act, the Chief Registrar of Deeds or other person authorized by Service
New Brunswick may order a registrar of deeds for a county to remove
from a registry office
(a) any document filed under the Bills of Sale Act, the Conditional Sales Act or the Assignment of Book Debts Act that
has not been renewed within one year of the time prescribed with respect
thereto, and
(b) any index or book used in connection
with such document, so long as it does not contain information relating
to any document remaining in the registry office,
and to place such document, index or book
in the care, custody and control of the Provincial Archivist.
15.1(2) The Provincial Archivist may order any document, index or book
placed into his care, custody and control under subsection (1) to
be disposed of in accordance with a record schedule established by
the Provincial Archivist under the Archives Act.
Section 5
Consequential amendment.
Section 6
(a) Consequential amendment.
(b) The existing provision is
as follows:
50(2.1) Subject to sections 15 and 15.1,
original instruments registered in accordance with this section shall
be kept in the registry office.
Section 7
The existing provision is as follows:
52(1) Where an instrument presented for registration contains not less
than sixty folios the instrument, unless otherwise requested, need
not be registered at full length into the registry book.
52(2) The instrument shall be numbered as other instruments are required
to be numbered in the registry book in its proper order and the registrar
shall at the time of the registration enter opposite the number in
the registry book the words “Not recorded in full”, and
shall also give the date and names of the parties to the instrument,
and such a description of the land therein mentioned as will readily
identify the location.
52(3) Instruments that are registered as provided for in this section
shall be submitted in duplicate and one duplicate shall be kept and
filed in the registry office.
Section 8
The existing provision is as follows:
53 The registrar shall not be obliged to attend any court with the registry
book in order to prove that any instrument has been registered therein,
or for other purpose, unless the judge presiding, or appointed to
preside, shall for special reasons appearing to him sufficient order
the production of such registry book, nor unless a copy of such order
is served with the summons to witness.
Section 9
The existing provision is as follows:
54 A registered mortgage may be discharged by a certificate of the satisfaction
thereof signed by the mortgagee, his representatives or assigns, and
acknowledged or proved in the same manner as an instrument, and registered
with the acknowledgment or proof in the proper registry book in the
office where the mortgage is registered, and the registrar shall enter
a minute of the satisfaction in the margin of the registry of the
mortgage with a reference to the book and page where the certificate
is registered; or the mortgagee, his representatives or assigns may
acknowledge satisfaction in the margin of the registry book against
the registry of the mortgage in the presence of the registrar, who
shall witness it, and from the time of the entry thereof it shall
discharge the mortgage, and revest the legal estate in the mortgagor,
his heirs or assigns, but no corporation shall discharge a mortgage
except by certificate of satisfaction.
Section 10
The existing provision is as follows:
57 A registered certificate or memorial of judgment may be discharged
or partially discharged by the person entitled to discharge the same,
by certificate executed and registered in the same manner as a certificate
of discharge of mortgage, or by the entry of a minute on the margin
of the registry book in the same manner as in the case of a mortgage,
and such certificate, when registered, shall have the effect of releasing
the land charged by the registration of such memorial or certificate
of judgment, or such portion thereof as may be specially mentioned
in such discharge and such minute of satisfaction or partial satisfaction
entered in the margin of the registry book shall be evidence of the
discharge of the debt, pro tanto, due on said judgment.
Section 11
A correction is made in the French version.
Section 12
Consequential amendment.
Section 13
Commencement provision.