T-10 - Stamp Act

Section 27 Disposition versions

1977-12-31

27. The following duties shall be imposed, levied and collected on each deed, instrument or document registered in any registry office, and on every search made therein:

  (1) On every will, marriage contract,
or gift ..................................      $0.30;
  (2) On every deed or instrument
effecting or evidencing the sale, exchange
or hypothecation of immoveable property:
  (a) If the price or sum be less
than $400 ................................      $0.10;
  (b) If the price or sum be $400 and less
than $1,000 ..............................      $0.30;
  (c) If the price or sum be $1,000 or
over but not more than $10,000 ...........      $0.50;
  (d) If the price or sum be more than
$10,000, $0.10 for each $10,000 or
fraction of $10,000, in addition to the
registration duty of $0.50.      

When a deed creating a hypothec upon an immoveable has been registered and the duties paid, the duty payable for the registration of any such subsequent deed guaranteeing the same sum by hypothec upon other immoveables shall be based upon the value of such immoveables and not upon the amount of the sum guaranteed.

The value of the immoveables, insofar as such subsequent deeds are concerned, shall be that mentioned bonafide in the deed, but if the said value be less than that entered in the valuation roll of the municipality, the latter value shall prevail. The proof of the municipal valuation shall be at the expense and cost of the party applying for registration.

(3)  Upon every deed creating or evidencing a hypothec, a mortgage or a pledge upon moveable property only, or upon both moveable and immoveable property, according to section 27 of the Special Corporate Powers Act (chapter P-16), at the time of its registration in the register covered by section 29 of the said act:

  (a) If the sum guaranteed be less
than $400 ................................      $0.10;
  (b) If such sum be $400 and less
than $1,000 ..............................      $0.30;
  (c) If it be $1,000 or over, but
not more than $10,000 ....................      $0.50;
  (d) If it be over $10,000, $0.10 for
every $10,000 or fraction of $10,000,
in addition to the $0.50 hereinabove
mentioned.      

When such a deed has been registered and entered in the index of immoveables in one registration division, and the duties contemplated by this section have been paid on such registration, the above mentioned duties shall not be exigible on the registration of the same deed in any other registration divisions.

Subject to the provisions of the preceding paragraph, when such a deed has been registered and the duties paid as aforesaid, the duty payable for the registration of any subsequent deed guaranteeing the same sum shall be based upon the value of the property affected by the hypothec or the pledge, and not upon the amount of the sum guaranteed.

  (4) On every other deed or instrument
registered, filed or deposited ...........      $0.20;
  (5) On every search with or without
certificate ..............................      $0.10.      

No duty shall be exigible on the registration of deeds evidencing loans made by the Farm Credit Corporation or by the Office du crédit agricole du Québec, or on searches made in respect thereof, or on certificates issued for the benefit of a farmer applying for such a loan.

R. S. 1964, c. 80, s. 28; 1977, c. 5, s. 14.