I-13.3 - Education Act

Section 317.2 Disposition versions

2021-11-08

317.2. A creditor who takes proceedings in execution or who, as holder of an immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may request the school service centre to declare the amount of its prior claim. The request must be registered and proof of its notification must be filed at the Land Registry Office.

Within 30 days following the notification, the school service centre must declare the amount of its claim and enter it in the land register; such a declaration does not have the effect of limiting the priority of the school service centre’s claim to the amount entered.

An application for registration, in the land register, of the request for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the school service centre; the notice does not require attestation and may be presented in single copy.

1997, c. 96, s. 115; 2020, c. 1, s. 312; 2020, c. 17, s. 85.

2020-06-15

317.2. A creditor who takes proceedings in execution or who, as holder of an immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may request the school service centre to declare the amount of its prior claim. The request must be registered and proof of its notification must be filed at the registry office.

Within 30 days following the notification, the school service centre must declare the amount of its claim and enter it in the land register; such a declaration does not have the effect of limiting the priority of the school service centre’s claim to the amount entered.

An application for registration, in the land register, of the request for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the school service centre; the notice does not require attestation and may be presented in single copy.

1997, c. 96, s. 115; 2020, c. 1, s. 312.

1997-12-19

317.2. A creditor who takes proceedings in execution or who, as holder of an immovable hypothec, has registered a prior notice of his intention to exercise his hypothecary rights, may request the school board to declare the amount of its prior claim. The request must be registered and proof of its notification must be filed at the registry office.

Within 30 days following the notification, the school board must declare the amount of its claim and enter it in the land register; such a declaration does not have the effect of limiting the priority of the school board’s claim to the amount entered.

An application for registration, in the land register, of the request for declaration and of the declaration shall be made in the form of a notice. In addition to the provisions of this section and the requirements of the regulation made under Book IX of the Civil Code, the notice shall indicate the legislative provision under which it is given, the name of the debtor and the name of the school board; the notice does not require attestation and may be presented in single copy.

1997, c. 96, s. 115.