b-9 - Act respecting registry offices

À jour au 1^er janvier 2015

Ce document a valeur officielle.

chapter B-9

Act respecting registry offices

1992, c. 57, s. 446.

1. The Minister of Natural Resources and Wildlife is in charge of the organization and inspection of the Land Registry Office and the registry offices established for the registration divisions in Québec and has superintendence over the registrars assigned to those registry offices.

The Minister of Justice is in charge of the organization and inspection of the Personal and Movable Real Rights Registry Office and has superintendence of the registrar assigned to that registry office.

Unless otherwise specified, the provisions of this Act apply having regard to the respective responsibilities of the Minister of Natural Resources and Wildlife and the Minister of Justice.

R. S. 1964, c. 319, s. 1; 1992, c. 57, s. 447; 2000, c. 42, s. 108; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

1.1. The Minister of Natural Resources and Wildlife and the Minister of Justice jointly shall appoint a Land Registrar in charge of keeping the Land Registry Office and the registry offices established for the registration divisions in Québec.

The Minister of Justice shall appoint a Personal and Movable Real Rights Registrar in charge of keeping the Personal and Movable Real Rights Registry Office.

Registrars appointed under this section must be advocates or notaries.

2000, c. 42, s. 108; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

1.2. The Land Registrar shall exercise his or her functions, when acting as an administrator, under the authority of the Minister of Natural Resources and Wildlife and, when acting as a public officer, under the authority of the Minister of Justice. The Personal and Movable Real Rights Registrar shall exercise his or her functions under the sole authority of the Minister of Justice.

In the exercise of his or her functions as a public officer, the Land Registrar shall be assisted by a committee responsible for advising the Land Registrar regarding the legal interpretation or application of legislation respecting land registration. The committee shall comprise two representatives of the Ministère des Ressources naturelles et de la Faune and two representatives of the Ministère de la Justice, and its directions are binding on the Land Registrar. If the committee is unable to act or cannot agree, the directions shall be given by the Minister of Justice.

An advisory committee shall be established, composed of a representative of the Ministère des Ressources naturelles et de la Faune, the Ministère de la Justice, the Barreau du Québec, the Chambre des notaires du Québec and the Ordre des arpenteurs-géomètres du Québec. The mandate of the committee is to give its views on any matter concerning land registration submitted by the Land Registrar, the Minister of Natural Resources and Wildlife or the Minister of Justice.

2000, c. 42, s. 108; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

2. The Minister shall appoint one or more deputy registrars for the Land Registry Office and the Personal and Movable Real Rights Registry Office. The Minister shall also appoint other deputy registrars for the registry offices established in land registration divisions.

Subject to the restrictions contained in their acts of appointment, deputy registrars have, in all respects, the same powers, duties and obligations as the Registrar and act under the authority of the Registrar.

The Minister may delegate to any public servant with the Minister’s department designated in writing the power to appoint deputy registrars with limited powers, or to appoint deputy registrars with full powers for a limited time.

R. S. 1964, c. 319, s. 3; 1992, c. 57, s. 447; 1998, c. 5, s. 20; 2000, c. 42, s. 109.

3. The Minister may order 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 published and to facilitate the consultation of the document.

The replacement or reconstitution may be effected by transcription, photocopy, microfilm or any other means that will ensure the conservation of the information recorded in the document and facilitate the consultation of the document.

R. S. 1964, c. 319, s. 4; 1992, c. 57, s. 447; 2000, c. 42, s. 110.

4. The Minister determines 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.

Where a document is replaced, the registrar collates the reproduction with the original and certifies in writing and under his oath of office that it is a true reproduction of the original.

Where a document is reconstituted, the registrar certifies in writing and under his oath of office that the reproduction has been carried out in accordance with the order of the Minister.

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 relating to the organization of registry offices apply.

R. S. 1964, c. 319, s. 5; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1992, c. 57, s. 447.

4.1. The Minister may, upon noting an irregularity in the authentication of or manner of keeping the registers, issue an order in each case specifying how the registrar is to remedy the situation. Similarly, the Minister may, where required by circumstances, authorize the registrar to temporarily surrender the books, registers or other documents in his custody to facilitate their replacement or reconstitution; the order shall list the documents concerned and fix the maximum period during which they may be surrendered.

2000, c. 42, s. 111.

5. The Government may determine, by regulation, for documents requiring publication, the quality and dimensions of the paper used, the lay-out of the text, the types of copies that may be presented for registration and the manner of keeping the documents forming part of the records of the registry office.

R. S. 1964, c. 319, s. 6; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1992, c. 57, s. 447.

5.1. For the purposes of the laws respecting the publication of rights, the secretaries of the Ordre des notaires du Québec and the Ordre des arpenteurs-géomètres du Québec shall assign to all notaries and land surveyors who apply therefor a personal code allowing them to transmit, in an electronic medium, applications for registration and other documents bearing their signature for presentation to the Land Registrar.

1987, c. 98, s. 6; 1992, c. 57, s. 447; 2000, c. 42, s. 112.

6. Where a document is replaced or reconstituted by microfilm, the Minister determines the means and manner of recording any particular relating to an entry appearing on the microfilm.

R. S. 1964, c. 319, s. 7; 1965 (1st sess.), c. 14, s. 81; 1965 (1st sess.), c. 16, s. 3; 1974, c. 11, s. 46; 1978, c. 15, s. 140; 1981, c. 14, s. 21; 1983, c. 55, s. 161; 1987, c. 98, s. 7; 1992, c. 57, s. 447; 2000, c. 42, s. 113.

7. Upon their appointment, registrars shall take the following oath before a judge of the Superior Court or the Court of Québec, a clerk of either of those courts or a public servant designated in writing by the Minister:

“I, (name), declare under oath that I will faithfully, impartially and honestly perform, to the best of my ability and knowledge, all the duties of the office of (registrar or deputy registrar) and that I will so exercise all the powers thereof.

The oath is filed at the directorate within the department which, under the Minister’s authority, is in charge of registry offices. The public servant designated in writing by the Minister shall issue, upon request, a certified copy of the oath.

R. S. 1964, c. 319, s. 8; 1991, c. 26, s. 3; 1992, c. 57, s. 447; 1999, c. 40, s. 41; 2000, c. 42, s. 114.

7.1. The Minister may, by order and subject to the conditions fixed by the Minister, allow the signature of a registrar to be affixed by means of an automatic device or electronic process.

The Minister may also, by order and on the conditions fixed by the Minister, allow a facsimile of such a signature to be engraved, lithographed or printed.

2000, c. 42, s. 115.

7.2. The fees payable under this Act are, unless otherwise provided, set out in Schedule I for the fees for land registration and in Schedule II for the fees for the register of personal and movable real rights.

2011, c. 18, s. 60.

8. The Government may establish a tariff of fees to be collected by registrars for the various services performed by them if those fees are not set out in Schedule I or II.

In relation to the fees set out in Schedules I and II or those fixed in a tariff it established, the Government may also

(1)  determine the persons, departments or bodies that are exempt from the payment of fees or the documents or services for which an exemption applies;

(2)  prescribe, for the services it determines, the terms and conditions of payment of the fees, and determine the persons, departments or bodies that may benefit therefrom.

Every such order may be amended, repealed or replaced and apply to one or more or to all the registration divisions of Québec.

R. S. 1964, c. 319, s. 9; 1965 (1st sess.), c. 16, s. 3; 1979, c. 43, s. 10; 1992, c. 57, s. 447; 2000, c. 42, s. 116; 2011, c. 18, s. 61.

9. Where Schedule I, Schedule II or a tariff established in accordance with section 8 prescribes that fees must be paid for the registration of a document or the performance of a service in a registry office, no such document may be presented to the registrar, and, subject to the terms and conditions of payment prescribed under subparagraph 2 of the second paragraph of section 8, no such service may be performed by the registrar, unless the prescribed fees have been paid.

R. S. 1964, c. 319, s. 10; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1992, c. 57, s. 447; 2011, c. 18, s. 62.

10. No fee is exigible

(1)  for the registration of a hypothec granted under the Act respecting La Financière agricole du Québec (chapter L-0.1), the Act respecting the Société de financement agricole (chapter S-11.0101) or the Farm Credit Canada Act (S.C. 1993, c. 14). However, the application for registration must indicate that the grantor operates a farming business and must make reference to the Act under which the hypothec was granted;

(2)   for searches in connection with such hypothecs, made in person either at a registry office established for a registration division in the case of an immovable hypothec, or at the Personal and Movable Real Rights Registry Office in the case of a movable hypothec ;

(3)  for the issue by the registrar, either hand to hand, by regular mail or by electronic mail, of certified statements, extracts or copies of applications for registration that relate to such hypothecs.

R. S. 1964, c. 319, s. 11; 1979, c. 38, s. 39; 1991, c. 26, s. 3; 1992, c. 57, s. 447; 1995, c. 33, s. 18; 2000, c. 53, s. 63; 2000, c. 42, s. 117.

11. The territory of the registration divisions in which registry offices are established is described by government regulation.

R. S. 1964, c. 319, s. 13; 1991, c. 26, s. 3; 1992, c. 57, s. 447; 1993, c. 78, s. 15; 2000, c. 42, s. 118.

12. To ensure the updating of municipal assessment rolls, copies of all applications, together with copies of the accompanying documents where the application is in the form of a summary, for the registration of any act listed below which has been registered in the land register concerning an immovable situated in the area of jurisdiction of a municipal body responsible for assessment shall be forwarded by the registrar to the municipal body within 15 days following the registration:

 — an act of abandonment of ownership;

 — a notice of change of name;

 — an act of partition of a succession;

 — a notice of the Minister of Revenue by which the State is declared the owner of an immovable without an owner;

 — minutes of boundary determination;

 — an act creating usufruct or emphyteusis;

 — a declaration of divided co-ownership of an immovable, an amendment to such a declaration or a decision terminating divided co-ownership, or a declaration of co-emphyteusis;

 — an act of sale following a failure to pay property taxes;

 — a judgment ordering the revocation of a gift or pronouncing the extinction of a real right;

 — a lease, or a notice of registration of rights under a lease;

 — a cadastral notice;

 — a notice of classification or declassification under the Cultural Heritage Act (chapter P-9.002);

 — an agreement providing for the establishment of a controlled zone, wildlife preserve or wildlife sanctuary under the Act respecting the conservation and development of wildlife (chapter C-61.1);

 — a notice of the capacity of the Public Curator as administrator under the Public Curator Act (chapter C-81);

 — a notice of the capacity of the Minister of Revenue as administrator under the Unclaimed Property Act (chapter B-5.1);

 — a description of a golf course under the Act respecting municipal taxation (chapter F-2.1);

 — an act to cancel, rectify or amend letters patent, or the letters patent themselves if preceded by a location ticket, in particular under the Mining Act (chapter M-13.1), the Act respecting agricultural lands in the domain of the State (chapter T-7.1) or the Act respecting the lands in the domain of the State (chapter T-8.1);

 — a declaration concerning a transfer of ownership under the Public infrastructure Act (chapter I-8.3);

 — a notice of bankruptcy, or a notice of quit claim or disclaimer by the trustee, under the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3).

Notices given before 1 April 2006 by the Public Curator in the exercise of the functions of provisional administrator of property entrusted to the Minister of Revenue under the Public Curator Act are deemed to have been given by the Minister of Revenue.

R. S. 1964, c. 319, s. 13; 1991, c. 26, s. 3; 1992, c. 57, s. 447; 1993, c. 78, s. 15; 1995, c. 33, s. 19; 2000, c. 42, s. 119; 2005, c. 44, s. 48; 2011, c. 10, s. 66; 2011, c. 21, s. 212; 2013, c. 23, s. 101.

12.1. The provisions of section 12 are not applicable to applications or documents relating to the registration of deeds of transfer that are subject to the provisions of section 10 of the Act respecting duties on transfers of immovables (chapter D-15.1).

2000, c. 42, s. 119.

12.2. It is incumbent upon each municipal body responsible for assessment to provide the registrar with an up-to-date list of the immatriculated immovables situated in its area of jurisdiction, and to inform the registrar of any modification to the list, other than a change to the cadastral designation of an immovable, which includes the number assigned to it on the cadastral plan.

If the body is responsible for assessment in two or more local municipalities, the list shall be provided together with a list of those municipalities and with a classification of immovables by local municipality.

2000, c. 42, s. 119.

13. An application for registration, or the accompanying document where the application is in the form of a summary, must, if either document relates to the registration of an act listed in section 12 and if the immovable concerned is not immatriculated, indicate the name of the local municipality in which the immovable is situated. The information must appear either in the description of the immovable, or under a separate heading at the end of the application or accompanying document.

If these formalities are not complied with, the application must be refused by the registrar unless the applicant produces with the application a statement of one of the parties to the act that contains the required information.

R. S. 1964, c. 319, s. 14; 1992, c. 57, s. 447; 1995, c. 33, s. 19; 2000, c. 42, s. 120.

14. (Replaced).

R. S. 1964, c. 319, s. 15; 1992, c. 57, s. 447.

15. (Replaced).

R. S. 1964, c. 319, s. 16; 1992, c. 57, s. 447.

16. (Replaced).

R. S. 1964, c. 319, s. 17; 1992, c. 57, s. 447.

17. (Replaced).

R. S. 1964, c. 319, s. 18; 1992, c. 57, s. 447.

18. (Replaced).

R. S. 1964, c. 319, s. 19; 1992, c. 57, s. 447.

19. (Replaced).

R. S. 1964, c. 319, s. 20; 1992, c. 57, s. 447.

20. (Repealed).

R. S. 1964, c. 319, s. 21; 1986, c. 62, s. 2.

21. (Replaced).

R. S. 1964, c. 319, s. 22; 1969, c. 26, s. 91; 1991, c. 26, s. 4; 1992, c. 57, s. 447.

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.

22.1. (Replaced).

1982, c. 58, s. 16; 1984, c. 46, s. 16; 1992, c. 57, s. 447.

23. (Replaced).

R. S. 1964, c. 319, s. 24; 1992, c. 57, s. 447.

24. (Replaced).

R. S. 1964, c. 319, s. 25; 1990, c. 4, s. 115; 1992, c. 57, s. 447.

25. (Replaced).

R. S. 1964, c. 319, s. 26; 1965 (1st sess.), c. 16, s. 3; 1979, c. 43, s. 11; 1992, c. 57, s. 447.

26. (Replaced).

R. S. 1964, c. 319, s. 27; 1992, c. 57, s. 447.

27. (Replaced).

R. S. 1964, c. 319, s. 28; 1990, c. 4, s. 116; 1992, c. 57, s. 447.

28. (Replaced).

R. S. 1964, c. 319, s. 29; 1992, c. 57, s. 447.

29. (Replaced).

R. S. 1964, c. 319, s. 30; 1965 (1st sess.), c. 16, s. 3; 1992, c. 57, s. 447.

30. (Replaced).

R. S. 1964, c. 319, s. 31; 1974, c. 11, s. 2; 1987, c. 98, s. 8; 1992, c. 57, s. 447.

31. (Repealed).

R. S. 1964, c. 319, s. 32; 1979, c. 43, s. 12.

32. (Replaced).

R. S. 1964, c. 319, s. 33; 1992, c. 57, s. 447.

33. (Repealed).

R. S. 1964, c. 319, s. 34; 1982, c. 58, s. 17.

34. (Replaced).

R. S. 1964, c. 319, s. 35; 1992, c. 57, s. 447.

35. (Replaced).

R. S. 1964, c. 319, s. 36; 1992, c. 57, s. 447.

36. (Replaced).

R. S. 1964, c. 319, s. 37; 1992, c. 57, s. 447.

37. (Replaced).

R. S. 1964, c. 319, s. 38; 1985, c. 22, s. 37; 1991, c. 20, s. 2; 1992, c. 57, s. 447.

37.1. (Replaced).

1991, c. 20, s. 3; 1992, c. 57, s. 447.

37.2. (Replaced).

1991, c. 20, s. 3; 1992, c. 32, s. 39; 1992, c. 57, s. 447.

38. (Replaced).

R. S. 1964, c. 319, s. 39; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1992, c. 57, s. 447.

39. (Replaced).

R. S. 1964, c. 319, s. 40; 1965 (1st sess.), c. 16, s. 3; 1992, c. 57, s. 447.

40. (Replaced).

R. S. 1964, c. 319, s. 41; 1992, c. 57, s. 447.

41. (Replaced).

R. S. 1964, c. 319, s. 42; 1992, c. 57, s. 447.

42. (Replaced).

R. S. 1964, c. 319, s. 43; 1992, c. 57, s. 447.

43. (Replaced).

R. S. 1964, c. 319, s. 44; 1965 (1st sess.), c. 16, s. 3; 1977, c. 5, s. 14; 1991, c. 20, s. 4; 1992, c. 61, s. 89; 1992, c. 57, s. 447.

44. (Replaced).

R. S. 1964, c. 319, s. 45; 1992, c. 57, s. 447.

45. (Replaced).

R. S. 1964, c. 319, s. 46; 1992, c. 57, s. 447.

46. (Replaced).

R. S. 1964, c. 319, s. 47; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1992, c. 57, s. 447.

47. (Repealed).

R. S. 1964, c. 319, s. 48; 1991, c. 26, s. 5.

48. (Repealed).

R. S. 1964, c. 319, s. 49; 1991, c. 26, s. 5.

49. (Repealed).

R. S. 1964, c. 319, s. 50; 1991, c. 26, s. 5.

50. (Replaced).

R. S. 1964, c. 319, s. 51; 1986, c. 95, s. 37; 1992, c. 57, s. 447.

51. (Replaced).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33; 1992, c. 57, s. 447.

FORMS

FORM 1

(Repealed).

R. S. 1964, c. 319, form 1; 1986, c. 95, s. 38; 1987, c. 98, s. 9.

FORM 2

(Repealed).

R. S. 1964, c. 319, form 2; 1987, c. 98, s. 9.

FORM 3

(Replaced).

R. S. 1964, c. 319, form 3; 1992, c. 57, s. 447.

SCHEDULE I

TARIFF OF FEES–LAND REGISTRATION

1. The fee for the filing of an application for the registration of rights, in paper form, at the registry office for a registration division is $74. The fee is reduced by $10 if the application is filed electronically with the Land Registry Office.

2. Despite section 1, the fee for the filing of an application for the registration of rights that is in the form of a summary, in paper form, at the registry office for a registration division is $74 per summarized document. The fee is reduced by $10 per summarized document if the application is filed electronically with the Land Registry Office.

3. The fee for the filing of an application for the cancellation or reduction of a registration–including the cancellation or reduction of the rights set out in the corresponding initial application for registration–in paper form, at the registry office for a registration division is $89, plus $58 for every additional application. Both of these amounts are reduced by $10 if the application is filed electronically with the Land Registry Office.

4. The fee for the filing of a prior notice of sale for non-payment of immovable taxes, in paper form, at the registry office for a registration division is $74 plus $9 per lot or part of a lot. The fee is $64 plus $9 per lot or part of a lot if the application is filed electronically with the Land Registry Office.

5. The fee for the filing of an application for the registration of an address, by notice or by reference to a previously published notice, for the renewal of the registration of an address or for the registration of an omitted reference to a notice of address is $44.

However, no fee is payable for the registration of a change in a reference to a notice of address.

6. Despite sections 1 to 5, no fee is payable for the registration of

(1) a change in the address or in the name of a person referred to in article 3022 of the Civil Code or the cancellation or reduction of the registration of a notice of address;

(2) a list of immovables unsold at a sale for non-payment of immovable taxes;

(3) a document evidencing the redemption of lots adjudicated at a sale for non-payment of immovable taxes;

(4) a notice served under article 813.4 of the Code of Civil Procedure (chapter C-25);

(5) an action against the owner of an immovable involving a legal hypothec in favour of the participants in the construction or renovation of the immovable or involving a legal hypothec held by a syndicate of co-owners on a co-owner’s fraction;

(6) a list of immovables adjudicated at a sale for non-payment of immovable taxes;

(7) a notice of a sheriff’s sale;

(8) a release from a sheriff’s seizure;

(9) a clerk’s certificate attesting that an action has been discontinued;

(10) a certificate of the Attorney General stating that a hypothec in favour of the State is extinguished or reduced; and

(11) the abandonment or revocation of a real right of State resource development that is not exempt from registration.

7. The fee for statements certified by the registrar as provided for in the first paragraph of article 3019 of the Civil Code and article 704 of the Code of Civil Procedure is $13 for the certified statement and $13 for each copy of an application for registration that forms part of the statement, including the accompanying document if the application is in the form of a summary.

8. The fee for any other certificate is $13, unless the law expressly provides that no fee or a different set fee is payable.

9. The fee for each copy or extract from a register kept at the Land Registry Office is $19 per land file or per file opened in the index of names, directory of addresses or directory of real right holders or, in the case of the book of presentation, per date and registration division. The fee is $19 per file for each copy or extract from the register complementary to the index of names preserved on microfilm or microfiche for the registration divisions of Montréal and Laval.

The fee for each copy or extract from a register preserved at the registry office for a registration division, under section 245 of the Act to amend the Civil Code and other legislative provisions relating to land registration (2000, chapter 42), is $19 per page of the register.

The fee for each copy of the plan of a lot is $6. The fee for each copy or extract from an application for registration, including the accompanying document if the application is in the form of a summary, or for each copy or extract from any other document is $19.

10. The fee for copies of applications, including the accompanying documents if the applications are in the form of a summary, forwarded for the purposes of transfers of immovables or the updating of the municipal assessment rolls, is $4 per copy, regardless of the means used to issue such copies.

11. A fee of $19 is added to the fee payable when the copy, extract or statement is sent by fax.

12. The municipal bodies are billed monthly for the fees payable for the copies of applications and documents that are forwarded to them for the purposes of transfers of immovables and the updating of the municipal assessment rolls.

13. The fee for completing the Agence du revenu du Québec form concerning a person who appears to be the registered owner of a lot, of part of a lot or of an immovable identified by a serial number in the registers is $6 for each form completed.

14. The fee for on-site consultation, at the registry office for a registration division, of the registers, plans and other documents preserved in paper form or on microfilm or microfiche is $6 per person per day or fraction of a day. The consultation fee includes the cost of copies from the registers and other microfilmed or microphotographed documents produced by the printers made available to the public.

No fee is payable to consult the registers, plans and documents for the purpose of preparing cadastres under the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or the Act respecting land titles in certain electoral districts (chapter T-11).

15. The fee for the consultation of electronic registers, plans and other documents is $4 per lot, document, name, registration division or keyword search, according to the document or register consulted. The fee is $1 per lot, document, name, registration division or keyword search if the registers, plans and documents are consulted otherwise than by means of the screens available at the registry offices for the registration divisions. The consultation fee includes the cost of copies from the electronic registers, plans and other documents produced by the printers made available to the public.

No fee is payable to consult the registers, plans and documents by means of the screens available at the registry offices for the registration divisions, for the purpose of preparing cadastres under the Cadastre Act (chapter C-1), the Act to promote the reform of the cadastre in Québec or the Act respecting land titles in certain electoral districts.

16. The fee for a certified statement of registration in paper form is $13. However, no fee is payable for the first certified statement of registration issued in respect of an application for registration filed in paper form at the registry office for a registration division.

17. The fees payable under this Tariff are adjusted by operation of law on 1 April of each year by the rate prescribed in section 83.3 of the Financial Administration Act (chapter A-6.001). However, a fee is not adjusted if it was set in the preceding year or was increased in the preceding year otherwise than under that section.

Adjusted amounts are rounded down to the nearest dollar if they include a dollar fraction that is less than $0.50, or up to the nearest dollar if they include a dollar fraction that is equal to or greater than $0.50. The application of this rounding rule may not operate to decrease a fee below its pre-adjustment level.

If an adjusted amount cannot be rounded up to the nearest dollar, the annual adjustments are deferred and accumulated until the fee payable includes a dollar fraction that is equal to or greater than $0.50.

The Minister publishes the results of the adjustment in the Gazette officielle du Québec.

2011, c. 18, s. 63; 2013, c. 16, s. 44 to s. 49.

SCHEDULE II

TARIFF OF FEES–REGISTER OF PERSONAL AND MOVABLE REAL RIGHTS

1. The fee for the registration of a right whose ultimate effective date of registration is required, by law, to be specified in the application is

(1) $33 for one year or less of registration;

(2) $36 for more than one year and up to two years of registration;

(3) $39 for more than two years and up to three years of registration;

(4) $42 for more than three years and up to four years of registration; and

(5) $45 for more than four years of registration.

The fees for the renewal of the registration of a right are the same as above. However, if the application is for the renewal of the registration of two or more rights, the applicable fee is increased by $3 per year or fraction of a year, up to a maximum of five years of registration, multiplied by the number of additional registrations listed by number under the heading “Reference to registration in the register of personal and movable real rights” on the form.

2. The fee for the registration of a right whose ultimate effective date of registration is not required by law to be specified in the application, or for the registration of a correction in an entry, is $46 per application.

3. The fee for the registration of an address or of a change in the beneficiary’s name, address or fax number is $46 per application.

4. The fees payable under sections 1 to 3 are reduced by $8 per application if filed electronically.

5. Despite sections 1 and 2, no fee is payable to register

(1) a judgment notified by the court clerk under article 817.2 of the Code of Civil Procedure (chapter C-25);

(2) a marriage contract under article 442 of the Civil Code;

(3) a correction with regard to the rights referred to in paragraphs 1 and 2; or

(4) a cancellation or reduction of a registration.

6. The fee for a statement of a particular entry, certified by the registrar and issued in accordance with article 3019 of the Civil Code, is $5.05.

7. The fee for a statement of rights entered in the register, certified by the registrar, is

(1) $14 per name for a given date of birth if the statement is made under the name of a natural person;

(2) $14 per name if the statement is made under a name other than that of a natural person; and

(3) $14 per identification number if the statement is made under the identification number of a road vehicle.

8. The fee for the issue by the registrar of a copy or extract from an application for registration or a memorial of presentation is $5.05 per copy or extract.

This fee is doubled for a copy or extract certified by the registrar.

9. Despite sections 6 and 8, no fee is payable for the issue of a statement or copy certified by the registrar in respect of a list contained in the register or in an application, if a regulation under article 3024 of the Civil Code provides that the list can not be accessed for examination by the means provided for in the regulation.

10. The fee for any other certificate is $5.05, unless the law expressly provides that no fee or a different set fee is payable.

11. A fee of $5.05 per document is added to the fees set in sections 6, 7 and 8 when a statement, copy or extract is sent by fax.

12. The fee for the issue of statistical reports is $2 per second of computer time, but may not be less than $109.

13. The fee for searching by name in the register is $9 per name or, in the case of a natural person’s name, $9 per name coupled with a given date of birth.

14. The fee for searching by road vehicle identification number in the register is $3 per number.

15. The fee for consulting a specific entry in the register using the number of the entry or the form number of the related application is $3 per number.

16. The fee for searching by name in the list of addresses is $3 per name or, in the case of a natural person’s name, $3 per name coupled with a given date of birth.

The fee for searching by notice of address number in the list of addresses is $3 per number.

17. The fees payable under sections 13 to 16 are increased by $3 per name or per number when the register or the list of addresses is consulted by telephone.

18. The fees payable under this Tariff are adjusted in accordance with section 83.3 of the Financial Administration Act (chapter A-6.001). However, a fee is not adjusted if it was set in the preceding year or was increased in the preceding year otherwise than under that section.

Adjusted amounts are rounded down to the nearest dollar if they include a dollar fraction that is less than $0.50, or up to the nearest dollar if they include a dollar fraction that is equal to or greater than $0.50. The application of this rounding rule may not operate to decrease a fee to below its pre-adjustment level.

If an adjusted amount cannot be rounded up to the nearest dollar, the annual adjustments are deferred and accumulated until the fee payable includes a dollar fraction that is equal to or greater than $0.50.

The Minister publishes the results of the adjustment in the Gazette officielle du Québec.

2011, c. 18, s. 63.

See notice of indexation; (2015) 147 G.O. 1, 140.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 319 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except section 2, effective from the coming into force of chapter B-9 of the Revised Statutes.