B-9 - Act respecting registry offices

Section 22 Disposition versions

1994-01-01

22. (Replaced).

R. S. 1964, c. 319, s. 23; 1965 (1st sess.), c. 17, s. 2; 1984, c. 46, s. 15; 1992, c. 57, s. 447.

1984-12-21

22. (1)  The Minister of Justice may, by order, require a registrar to replace or reconstitute the whole or part of any document kept by the registrar, so as to ensure the conservation of the rights registered in the document and make it easier to consult it.

The replacement or reconstitution may be effected by transcription, photocopy, microfilm or any other means that will ensure the conservation of the information in the document and make it easier to consult it.

The Minister shall determine, in the order, the means to be used to replace or reconstitute the document and the manner of proceeding with such replacement or reconstitution so as to ensure its authenticity.

(2)  Where a document is replaced, the registrar shall collate the reproduction with the original and certify in writing and under his oath of office that it is a true reproduction of the original.

Where a document is reconstituted, the registrar shall certify in writing and under his oath of office that it has been reconstituted in accordance with the order of the Minister.

(3)  Any reproduction so certified has the same authenticity, validity and effect as the document it replaces or of which it is a reconstitution and the provisions of the Civil Code respecting the organization of registry offices apply.

(4)  The Government may regulate, for the documents subject to registration, the lay-out of the text, the quality and dimensions of the paper and writing of the copies presented for registration and the manner of keeping documents being part of the records of the registry office.

R. S. 1964, c. 319, s. 23; 1965 (1st sess.), c. 17, s. 2; 1984, c. 46, s. 15.

1977-12-31

22. (1)  The whole or part of any register, index, repertory or other book, kept in any registry office, worn out by time and use, or in such a state of decay from age that errors or omissions of a nature to prejudice the public or endanger the rights of individuals may be committed in or arise from the same, may, upon the order of the Government, be replaced by the registrar with another in the form determined by the order-in-council, wherein shall be transcribed, in so far as the writing thereof can be deciphered, all the acts, matters and things contained in the said register, index, repertory or other book.

The index to names or any part thereof may also be replaced upon the order of the inspector of registry offices.

The copies shall be made as carefully as possible, and by referring to the registers for the illegible portions of the index or of the part of the index then being recopied.

The book in which such transcription of the whole or any part of the index to names is to be made shall be previously authenticated and initialed in the manner set forth in article 2181 of the Civil Code.

The book in which such transcription of any of the other registers or parts thereof is to be made shall be previously authenticated and initialed in the manner determined by the Government.

(2)  The registrar or his deputy shall, after having compared the original and copy, draw up and affix at the end of the copy, a certificate to the effect that the same has been examined and compared and is in conformity with the original.

Such certificate shall be attested under oath, taken before the prothonotary of the district, or before the clerk of the Provincial Court.

(3)  Every index, repertory, register or other book bearing such certificate, shall have the same authenticity, validity and effect, to all intents and purposes, as that whereof it is the transcription, and article 2161 of the Civil Code shall apply thereto.

The original book shall nevertheless be carefully preserved, and may avail and be consulted as occasion requires.

(4)  The Government may regulate, for the documents subject to registration, the lay-out of the text, the quality and dimensions of the paper and writing of the copies presented for registration and the manner of keeping documents being part of the records of the registry office.

R. S. 1964, c. 319, s. 23; 1965 (1st sess.), c. 17, s. 2.