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.