Bill 26 - An Act Respecting the Land Titles Act and the Registry Act

BILL 26

An Act Respecting the Land Titles Act and the Registry Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Land Titles Act

1( 1) Section 3 of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended

(a) by repealing the definition “electronic instrument” and substituting the following:

“electronic instrument” means an instrument in electronic format or a digitally scanned image of an instrument, including a plan of a survey or a subdivision plan; (instrument électronique)

(b) by adding the following definitions in alphabetical order:

“digitally scanned image” means a digitally scanned image of an instrument in a format that has been approved by the Registrar General; (image numérisée)

“electronic format” means a computerized format of an instrument that has been approved by the Registrar General, but does not include a digitally scanned image of an instrument; (format électronique )

“land surveyor” means a member of the Association of New Brunswick Land Surveyors registered under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province of New Brunswick; (arpenteur-géomètre)

1( 2) Section 17.1 of the Act is amended

(a) by repealing subsection (4) and substituting the following:

17.1( 4) Subject to subsections (5) and (5.1), no person other than a subscriber shall submit an electronic instrument.

(b) by adding after subsection (5) the following:

17.1( 5.1) A land surveyor who has entered into an agreement with Service New Brunswick may submit, in accordance with the agreement and this Act, an electronic instrument that is a digitally scanned image of a plan of survey or subdivision plan.

1( 3) The Act is amended by adding after section 17.1 the following:

Instruments that may be submitted as digitally scanned images

17.11( 1) Except with respect to an instrument designated under subsection 17.1(1) that is required to be in electronic format, and except as otherwise provided in the regulations, an instrument that may be filed or registered under this Act may be filed or registered by submitting a digitally scanned image of the instrument.

17.11( 2) A digitally scanned image of an instrument that is submitted to be filed or registered in accordance with subsection (1)

(a) shall be in a format that has been approved by the Registrar General as being equivalent, when printed, in form and content to its counterpart prescribed by regulation, and

(b) shall be submitted using the technology put in place by Service New Brunswick.

17.11( 3) When a digitally scanned image of an instrument is submitted to be filed or registered in accordance with subsection (1), the subscriber or the land surveyor, as the case may be, shall provide to the registrar evidence of his or her identity or authorization that is satisfactory to the registrar.

1( 4) Section 17.2 of the Act is repealed and the following is substituted:

17.2( 1) An electronic instrument shall not be submitted by a subscriber for filing or registration in electronic format unless the instrument has been authenticated by a subscriber in the manner established by Service New Brunswick.

17.2( 2) A subscriber shall not authenticate an electronic instrument in electronic format unless

(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and

(b) the electronic instrument contains every material provision and particular of the instrument referred to in paragraph (a).

17.2( 3) The authentication by a subscriber under subsection (2) is a certification by the subscriber that

(b) the electronic instrument that is authenticated contains every material provision and particular contained in the instrument referred to in paragraph (a).

17.2( 4) An electronic instrument that is a digitally scanned image of an instrument shall not be submitted by a subscriber or a land surveyor for filing or registration unless the digitally scanned image of the instrument has been authenticated in the manner established by Service New Brunswick.

17.2( 5) A subscriber or a land surveyor shall not authenticate an electronic instrument that is a digitally scanned image of an instrument unless

(a) the subscriber or land surveyor has in his or her possession an instrument under subsection 17.11(1), in paper format, that, to the best of the subscriber’s or land surveyor’s knowledge and belief, has been duly executed and witnessed, if required, and

(b) the electronic instrument that is a digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).

17.2( 6) The authentication by a subscriber or land surveyor under subsection (5) is a certification by the subscriber or land surveyor that

(b) the electronic instrument that is a digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).

17.2( 7) When a subscriber authenticates an electronic instrument and the instrument referred to in paragraph (3)(a) has not been witnessed by the subscriber, the subscriber is entitled to rely on the certification of the person as to the due execution of that instrument or the sworn affidavit of the person who was a witness to the execution of the instrument as to the due execution of that instrument, unless the subscriber has reason to believe that

(a) the person who certified as to the due execution of the instrument was not lawfully entitled to do so or the person who took the affidavit of the witness was not lawfully entitled to do so, or

(b) the instrument was signed or witnessed by a person who is not the person who is purported to have signed or witnessed the instrument.

17.2( 8) Nothing in this section requires that the subscriber or land surveyor who authenticates an electronic instrument be the subscriber or land surveyor who submits the instrument for registration or filing.

1( 5) Section 17.5 of the Act is repealed and the following is substituted:

17.5 The submission of an electronic instrument by a subscriber or land surveyor to a land titles office is a certification by the subscriber or land surveyor that he or she is authorized to submit the instrument for registration or filing.

1( 6) Section 17.8 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “A member of the Law Society of New Brunswick” and substituting “A member of the Law Society of New Brunswick or a land surveyor”;

( ii) in paragraph (b) by striking out “subscriber” and substituting “subscriber or land surveyor”;

(b) by repealing subsection (2) and substituting the following:

17.8( 2) Service New Brunswick shall not enter into an agreement under subsection (1) with a member of the Law Society of New Brunswick unless there is in place an agreement between the Law Society of New Brunswick and Service New Brunswick by which the Law Society of New Brunswick assumes responsibility

(a) for certifying the eligibility of the member to practise law in the Province, and

(b) if the eligibility of the member is lost,

( i) for promptly revoking access to the technology put in place by Service New Brunswick, or

( ii) for promptly giving notice to Service New Brunswick, in the manner determined under the agreement, in which case Service New Brunswick will revoke access to the technology put in place by Service New Brunswick.

17.8( 3) Service New Brunswick shall not enter into an agreement under subsection (1) with a land surveyor unless there is in place an agreement between the Association of New Brunswick Land Surveyors and Service New Brunswick by which the Association of New Brunswick Land Surveyors assumes responsibility

(a) for certifying the eligibility of the land surveyor to practise land surveying in the Province, and

(b) if the eligibility of the land surveyor is lost,

( i) for promptly revoking access to the technology put in place by Service New Brunswick, or

1( 7) Section 83 of the Act is amended

(a) by repealing paragraph (d.3) and substituting the following:

(d.3) respecting the possession and retention of instruments and other documents in paper format by a subscriber or land surveyor or former subscriber or land surveyor, including the minimum period of time those instruments and documents are to be retained, and the inspection and copying of such instruments and documents by the Registrar General;

(b) by adding after paragraph (d.3) the following:

(d.31) designating instruments that may not be submitted as a digitally scanned image of an instrument and providing for restrictions or conditions that apply in respect of the instruments designated;

Registry Act

2( 1) Section 1 of the Registry Act, chapter R-6 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:

“digitally scanned image” means a digitally scanned image of an instrument, in a format that has been approved by the Chief Registrar of Deeds and includes a digitally scanned image of a plan of a survey or a subdivision plan; (image numérisée)

“subscriber” means a member of the Law Society of New Brunswick authorized to practise law who has entered into an agreement with Service New Brunswick respecting the authentication and submission of a digitally scanned image of an instrument; (souscripteur)

2( 2) Subsection 10(2) of the Act is amended by striking out “half-past nine in the forenoon and four o’clock” and substituting “9 a.m. and 4:30 p.m.”.

2( 3) The Act is amended by adding after section 19 the following:

Instrument that may be submitted as a digitally scanned image

19.01( 1) Except as otherwise provided in the regulations, all instruments that may be submitted to be filed or registered under this Act may be filed or registered by submitting a digitally scanned image of the instrument.

19.01( 2) A digitally scanned image of an instrument that is submitted to be filed or registered in accordance with subsection (1)

(a) shall be in a format that has been approved by the Chief Registrar of Deeds as being equivalent, when printed, in form and content to its counterpart prescribed by regulation, and

(b) shall be submitted using the technology put in place by Service New Brunswick.

19.01( 3) When a digitally scanned image of an instrument is submitted to be filed or registered in accordance with subsection (1), the subscriber or the land surveyor, as the case may be, shall provide to the registrar evidence of his or her identity or authorization that is satisfactory to the registrar.

19.01( 4) Subject to subsection (5), no person other than a subscriber shall submit a digitally scanned image of an instrument.

19.01( 5) A land surveyor who has entered into an agreement with Service New Brunswick may, in accordance with the agreement and this Act, submit a digitally scanned image of an instrument that is a plan of survey or a subdivision plan.

Authentication of digitally scanned image

19.02( 1) A digitally scanned image of an instrument shall not be submitted by a subscriber or land surveyor for filing or registration unless the digitally scanned image has been authenticated in the manner established by Service New Brunswick.

19.02( 2) Nothing in this section requires that the subscriber or land surveyor who authenticates a digitally scanned image of an instrument be the subscriber or land surveyor who submits the digitally scanned image for registration or filing.

19.02( 3) A subscriber or a land surveyor shall not authenticate a digitally scanned image of an instrument unless

(a) the subscriber or land surveyor has in his or her possession the instrument in paper format that, to the best of the subscriber’s or land surveyor’s knowledge and belief, has been duly executed and witnessed, if required, and

(b) the digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).

19.02( 4) The authentication by a subscriber or land surveyor under subsection (3) is a certification by the subscriber or land surveyor that

(b) the digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).

Authorization to submit digitally scanned image

19.03 The submission of a digitally scanned image of an instrument by a subscriber or land surveyor to a registry office is a certification by the subscriber or land surveyor that he or she is authorized to submit the digitally scanned image of the instrument for registration or filing.

Effect of digitally scanned image of an instrument

19.04 Despite any provision in any other Act or any rule of law, a digitally scanned image of an instrument that is received at a registry office is not required to be in writing or to be signed by the parties and has the same effect for all purposes as an instrument that is in writing and is signed by the parties.

Subscriber or land surveyor agreement

19.05( 1) A member of the Law Society of New Brunswick or a land surveyor who wishes to submit a digitally scanned image of an instrument to a registry office shall enter into an agreement with Service New Brunswick for the purposes of

(a) obtaining access to the technology put in place by Service New Brunswick for the authentication and submission of digitally scanned images of instruments and establishing the circumstances in which access privileges may be lost,

(b) providing for the duties, obligations and liabilities of the subscriber or land surveyor relating to the authentication and submission of digitally scanned images of instruments, and

19.05( 2) Service New Brunswick shall not enter into an agreement under subsection (1) with a member of the Law Society of New Brunswick unless there is in place an agreement between the Law Society of New Brunswick and Service New Brunswick by which the Law Society of New Brunswick assumes responsibility

(a) for certifying the eligibility of the member to practise law in the Province, and

(b) if the eligibility of the member is lost,

( i) for promptly revoking access to the technology put in place by Service New Brunswick, or

19.05( 3) Service New Brunswick shall not enter into an agreement under subsection (1) with a land surveyor unless there is in place an agreement between the Association of New Brunswick Land Surveyors and Service New Brunswick by which the Association of New Brunswick Land Surveyors assumes responsibility

(a) for certifying the eligibility of the land surveyor to practise land surveying in the Province, and

(b) if the eligibility of the land surveyor is lost,

( i) for promptly revoking access to the technology put in place by Service New Brunswick, or

2( 4) The Act is amended by adding after section 65 the following:

Payment of fees of a digitally scanned image of an instrument

65.1 Payment of any fees or taxes in respect of the registration of a digitally scanned image of an instrument shall be made by electronic means in such manner and at such time as is established by the Chief Registrar of Deeds.

2( 5) Subsection 71(1) of the Act is amended by adding after paragraph (b.2) the following:

(b.3) prescribing instruments that are to be submitted in a format other than as a digitally scanned image and providing for restrictions or conditions that apply in respect of the instruments prescribed;

(b.4) respecting the possession and retention of instruments and other documents in paper format by a subscriber or former subscriber, including the minimum period of time those instruments and documents are to be retained, and the inspection and copying of such instruments and documents by the Chief Registrar of Deeds;

(b.5) respecting the submission of a digitally scanned image of an instrument;

(b.6) respecting the registration or filing of a digitally scanned image of an instrument;

(b.7) prescribing information that is to accompany the submission of a digitally scanned image of an instrument;

Commencement

3 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.