R-2 - Act respecting the reconstitution of civil status registers

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter R-2

Act respecting the reconstitution of civil status registers

Repealed, 1992, c. 57, s. 681.

1992, c. 57, s. 681.

1. When the duplicates of a register of civil status or a volume of such register are destroyed or lost, the Minister of Justice may order the reconstitution thereof.

R. S. 1964, c. 313, s. 1; 1965 (1st sess.), c. 16, s. 21.

2. He may appoint a commissioner for such purpose and direct him to make inquiry as to the acts of civil status which such register or volume contained and to inscribe them in two new registers or volumes, as the case may be, authenticated in conformity with the provisions of the Civil Code.

R. S. 1964, c. 313, s. 2; 1966, c. 16, s. 1.

3. Such commissioner, by notice published in the manner prescribed by the Minister of Justice, shall announce his appointment and invite all persons who, by means of documents or other information in their possession, can assist him to reconstitute the duplicates of the register or the volume destroyed or lost, to appear before him at the time and place indicated in the notice, there to testify under oath.

R. S. 1964, c. 313, s. 3; 1965 (1st sess.), c. 16, s. 21.

4. The commissioner shall hold as many sittings as are necessary to hear all the persons who present themselves to furnish information and shall so fix the dates of hearing as to entail the least possible cost and inconvenience to each of them.

He may go to the residence or place of business of any person whom he believes capable of furnishing him with useful information and who did not present himself following the public notice mentioned in section 3, provided that such residence or place of business is situated in the territory of the church, chapel, mission, congregation or other religious community for which such register or volume was kept or in the neighbourhood of such territory.

He may also obtain, by correspondence, telephone or telegram, from persons residing outside of such territory or neighbourhood, all documents and information likely to aid him in his researches.

With the authorization of the Minister of Justice, he may take any other steps and incur any other expense necessary for the purposes of his inquiry.

R. S. 1964, c. 313, s. 4; 1965 (1st sess.), c. 16, s. 21.

5. On proof obtained to his satisfaction that a birth, marriage or burial took place in the territory of the church, chapel, mission, congregation or other religious community for which such register or volume was kept and that an act thereof had been inscribed in the duplicates of such register or volume, the commissioner shall inscribe such act in the new duplicates of the said register or volume, following in so far as is possible the provisions of the Civil Code respecting the inscription of acts of civil status in the registers kept for such purpose.

Such inscription shall be attested by the signature of the commissioner and, the case arising, by those of the witnesses who established the proof of such facts.

R. S. 1964, c. 313, s. 5.

6. When all the inscriptions contemplated by section 5 are completed, the commissioner shall inscribe, on the first leaf of each of the new registers or volumes, the following certificate: “New register (or new volume of the register, as the case may be) of (births, marriages or burials, as the case may be) of (name of church, chapel, mission, congregation or religious community concerned), for the period comprised between (dates of the beginning and end of the period covered by the reconstituted register or volume)”.

The commissioner shall then affix his signature at the foot of such certificate.

R. S. 1964, c. 313, s. 6.

7. When only one of the duplicates of a register of acts of civil status or of a volume of such register is destroyed or lost, the Minister of Justice may appoint a commissioner to reconstitute it by transcribing in a new duplicate, authenticated in conformity with the provisions of the Civil Code, all the inscriptions entered in the existing duplicate.

The depositary of the latter is bound to permit and facilitate access by the commissioner to such duplicate and to allow him to make a copy thereof.

When the commissioner has finished the transcription thereof in the new register or volume, he shall inscribe, on the first leaf, the following certificate: “New duplicate of the register (or of the volume of the register, as the case may be) of (births, marriages or burials, as the case may be) of (name of the church, chapel, mission, congregation or religious community concerned), for the period comprised between (dates of the beginning and end of the period covered by the reconstituted duplicate of the register or volume), reconstituted according to the existing duplicate deposited (designation of the place where the existing duplicate is found)”.

The commissioner shall then affix his signature at the foot of such certificate.

R. S. 1964, c. 313, s. 7; 1965 (1st sess.), c. 16, s. 21; 1966, c. 16, s. 2.

8. When only one duplicate of a register or of a volume of such register, or of a portion of such register or volume has been kept, another duplicate thereof may be made by following, mutatismutandis, the procedure contemplated by section 7.

R. S. 1964, c. 313, s. 8.

9. The Minister of Justice may also appoint a commissioner to replace any deteriorated duplicate of a register of civil status or of a volume of such register, by making an exact copy thereof from such entries as he can decipher in the deteriorated register or volume, from those in the other duplicate and, where necessary, from such information and documents as he can obtain elsewhere.

When he has completed such work, he shall inscribe, on the first leaf of the new duplicate, a certificate attesting that the same is an exact copy of the deteriorated duplicate, identifying the latter in the manner provided, mutatismutandis in section 7; he shall then affix his signature at the foot of such certificate.

The deteriorated register or volume must nevertheless be preserved by the depositary thereof for subsequent consultation and reference.

R. S. 1964, c. 313, s. 9; 1965 (1st sess.), c. 16, s. 21.

10. The new registers, volumes and duplicates made under the authority of this act shall be authentic.

R. S. 1964, c. 313, s. 10.

11. Nothing in this act shall be interpreted as derogating from the right of any person to prove by other means in the manner by law provided, a birth, marriage or burial which took place in the territory and during the period concerned and which has not been inscribed in a new register, volume or duplicate made for such territory and period.

R. S. 1964, c. 313, s. 11.

12. Every commissioner appointed under this Act is answerable to the Minister of Justice in all that relates to the execution of his mandate.

R. S. 1964, c. 313, s. 12; 1965 (1st sess.), c. 16, s. 21.

13. He may administer the oath to any person testifying before him for the purposes of this act.

R. S. 1964, c. 313, s. 13.

14. The Minister of Justice may, on such conditions as he shall determine, authorize the reimbursement of reasonable travelling expenses and the payment of witness fees to any person who responds to the invitation of a commissioner to testify before him.

R. S. 1964, c. 313, s. 14; 1965 (1st sess.), c. 16, s. 21.

15. (Repealed).

R. S. 1964, c. 313, s. 15; 1991, c. 26, s. 6.

16. (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 313 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter R-2 of the Revised Statutes.