E-2 - Act respecting Protestant churches entitled to keep civil status registers

Updated to 1 April 1999

This document has official status.

chapter E-2

Act respecting Protestant churches entitled to keep civil status registers

Repealed, 1992, c. 57, s. 572.

1992, c. 57, s. 572.

1. The Protestant churches or congregations referred to in article 42 of the Civil Code comprise all the churches and congregations in communion with the Church of England or Scotland, or The United Church of Canada and that church itself or the non-concurring congregations mentioned in the Act of the Parliament of Canada, 14-15 George V, Chapter 100, or the church or churches formed by the union of any of said non-concurring congregations, and the several religious communities and denominations in Québec mentioned in the special acts concerning them, and the priests or ministers thereof, who may validly solemnize marriage and may obtain and keep registers of civil status, subject to the provisions of the said acts with reference to each of them respectively.

R. S. 1964, c. 311, s. 1.

2. The other religious communities referred to in article 42 of the Civil Code comprise all congregations and the several religious communities professing the Jewish Religion, and the rabbis and ministers thereof, who may validly solemnize marriage and may obtain and keep registers of civil status.

R. S. 1964, c. 311, s. 2.

3. Notwithstanding any law to the contrary or the provisions of any special act, every register of civil status shall be deemed to have been kept by one entitled by law so to do, and to have been a register conforming, as such, to all legal requirements, when it has been kept by a priest, missionary or minister of any religious denomination, within the purview of sections 1 and 2 of this act, who, duly authorized by the competent ecclesiastical authority thereof to celebrate marriages, administer baptism or perform the rites of burial, was doing duty as such priest, missionary or minister in any church, congregation or religious community of such denomination in Québec; and all marriages, baptisms and acts of burial so performed by him up to the 22nd day of December, 1931, the date of the coming into force of chapter 73 of the statutes of 1931-1932, shall be deemed as valid and legal as if they had been performed by one legally competent to perform the same and as if the said register had been one conforming, as such, to all legal requirements.

R. S. 1964, c. 311, s. 3.

4. Where, before the 22nd of December, 1931, a register of civil status has been kept by the priest, missionary or minister referred to in section 3, but where a duplicate of the said register has not been deposited, as by law required, because of failure to keep the said register in duplicate or for other cause, the legal depositary of any such register, duly authorized for the purpose by resolution of the church, congregation or religious community concerned establishing the absence of such duplicate, is authorized to make, in a register numbered and authenticated as provided in the Civil Code, a facsimile copy of all the entries contained in the register in his possession, and shall certify to the same under oath or solemn affirmation before the hereinafter mentioned prothonotary.

Such copy shall thereupon be and remain deposited in the office of the prothonotary of the Superior Court of the district wherein the duplicate should have been originally deposited, and shall avail for all legal purposes as such duplicate, and shall be as valid as if the duplicate originally required had been duly deposited therein.

The legal depositary of any such register or copy made thereof to serve as a duplicate shall be bound to give extracts therefrom and the said extracts being certified and signed by him shall be authentic.

R. S. 1964, c. 311, s. 4; 1966, c. 15, s. 1.

5. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 311 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter E-2 of the Revised Statutes.