CCQ, r. 8 - Regulation respecting the register of personal and movable real rights

À jour au 1^er novembre 2022

Ce document a valeur officielle.

chapter CCQ, r. 8

Regulation respecting the register of personal and movable real rights

Civil Code of Québec

(Civil Code, art. 3024).

Act respecting the implementation of the reform of the Civil Code

(1992, c. 57, s. 165).

Act respecting registry offices

(chapter B-9, s. 5).

CHAPTER I REGISTER OF PERSONAL AND MOVABLE REAL RIGHTS

O.C. 1594-93, c. I.

DIVISION I GENERAL PROVISIONS

1. The register of personal and movable real rights shall be kept on computer.

O.C. 1594-93, s. 1.

2. Applications for registration shall be numbered by the registrar, using sequence numbers beginning with the last 2 numerals of the calendar year.

O.C. 1594-93, s. 2.

DIVISION II MEMORIALS OF PRESENTATION

3. Memorials of presentation shall be numbered by the registrar, using sequence numbers preceded by an identifying character.

O.C. 1594-93, s. 3.

4. Memorials may also be used by the registry office for the purposes of fixing and collecting exigible fees, and for billing purposes.

O.C. 1594-93, s. 4.

DIVISION III STRUCTURE OF THE REGISTER

5. The register of personal and movable real rights is composed of name files and descriptive files.

O.C. 1594-93, s. 5.

6. A name file shall be opened for each grantor named in an application for registration.

O.C. 1594-93, s. 6.

7. A descriptive file shall be opened only for a road vehicle listed in section 15. Name files and descriptive files are supplementary.

O.C. 1594-93, s. 7; O.C. 444-98, s. 1.

8. Both name files and descriptive files are composed of a synoptic file and one or more detailed files.

O.C. 1594-93, s. 8.

9. Each name file and descriptive file shall bear a heading indicating, in particular, the name of the register, the name of the grantor or the identification number of the property in question, and the dates of certification of the register.

O.C. 1594-93, s. 9; O.C. 444-98, s. 2.

10. A synoptic file, in addition to bearing the heading prescribed in section 9, shall record the date, hour and minute of presentation of the application, as well as the registration number, and shall indicate the nature of the right registered; it shall cross-refer to the various detailed files.

O.C. 1594-93, s. 10; O.C. 444-98, s. 2.

11. A detailed file, in addition to bearing the heading prescribed in section 9, shall contain the registered entry of the right in respect of which such file has been opened.

Once a detailed file is opened, entries concerning the right in question shall be made in that file, and each such entry shall also be recorded in the synoptic file.

O.C. 1594-93, s. 11.

12. Where an entry is cancelled in a detailed file, the record of that entry shall be deleted from the corresponding synoptic file. Where a reduction completely eliminates from a registered entry the property in respect of which a descriptive file was opened, the registered entry shall be deleted from the descriptive file, and the reduction shall be recorded in the name file.

O.C. 1594-93, s. 12.

DIVISION IV OPENING A FILE IN THE REGISTER

§ 1 . — Name files

13. Name files shall be opened as follows:

(1)  in the case of a natural person, under the person’s name and date of birth;

(1.1)  in the case of a succession, under the name and date of birth of the deceased;

(1.2)  in the case of a trust, under its name and the postal code for the establishment concerned by the registration, if that establishment is located in Canada;

(2)  in the case of a legal person, under the person’s name and the postal code for the establishment directly concerned by the registration, if that establishment is located in Canada;

(3)  in the case of a general partnership, a limited partnership or an association, under the name of the partnership or association and the postal code for the establishment directly concerned by the registration, if that establishment is located in Canada;

(4)  in the case of the State, under the name of the administrative authority concerned by the registration and the postal code for the main establishment of that authority.

Where a natural person acts within the framework of a business that the person operates or where a legal person acts under a name other than its own name and the designation of that natural or legal person on the application includes the name of the business or the other name, a name file shall also be opened under the name of the business or the other name and under the postal code for the address corresponding to that name.

O.C. 1594-93, s. 13; O.C. 444-98, s. 3.

13.1. When a name file is opened, a writing standardization algorithm shall be applied to the name under which the file is opened; any request to waive application of the algorithm shall be denied.

O.C. 444-98, s. 4.

§ 2 . — Descriptive files

14. A descriptive file shall be opened under the identification number of a road vehicle.

O.C. 1594-93, s. 14.

15. Descriptive files shall be opened for the following road vehicles, where the description complies with section 20 and the road vehicle is provided with an identification number affixed in accordance with section 210 of the Highway Safety Code (chapter C-24.2):

(1)  a passenger vehicle;

(2)  a motorcycle;

(3)  a taxi;

(4)  an emergency vehicle;

(5)  a bus;

(6)  a minibus;

(7)  a commercial vehicle;

(8)  a trailer or semi-trailer whose net weight exceeds 900 kg;

(9)  a motor home;

(10)  a snowmobile of a model year more recent than 1988;

(11)  a motorized all-terrain vehicle equipped with handlebars and at least 2 wheels, that is designed to be straddled and whose net weight does not exceed 600 kg.

For the purposes of the first paragraph,

(1)  the road vehicles listed in subparagraphs 1 to 7 are those defined in section 4 of the Highway Safety Code; and

(2)  the road vehicles listed in subparagraphs 8 to 10 are those defined in section 2 of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29).

A descriptive file shall be opened for a road vehicle included in one of the classes referred to in subparagraphs 1 and 3 to 9 of the first paragraph only where the vehicle’s identification number has 17 characters and has been validated by the registrar using the control algorithm.

O.C. 1594-93, s. 15; O.C. 444-98, s. 5; O.C. 907-99, s. 1.

DIVISION V OBJECT OF CERTAIN RIGHTS SUBJECT TO PUBLICATION IN THE REGISTER

O.C. 907-99, s. 2.

15.01. In addition to where they pertain to property acquired or required for the service or operation of an enterprise, reservations of ownership, rights of redemption and rights under a lease of more than one year, as well as any transfer of those reservations or rights, require publication in the register in accordance with articles 1745, 1750 and 1852 of the Civil Code where they pertain to the following property:

(1)  a road vehicle included in one of the classes referred to in subparagraphs 1, 2, 9, 10 and 11 of the first paragraph of section 15;

(2)  a caravan or a fifth-wheel;

(3)  a mobile home;

(4)  a boat;

(5)  a personal watercraft;

(6)  an aircraft.

O.C. 907-99, s. 2.

15.02. The property on which a natural person who does not operate an enterprise may grant a movable hypothec without delivery pursuant to article 2683 of the Civil Code is

(1)  the property listed in section 15.01;

(2)  precious property within the meaning of the Taxation Act (chapter I-3);

(3)  incorporeal property, particularly property that constitutes a form of investment within the meaning of the Securities Act (chapter V-1.1), securities and security entitlements referred to in the Act respecting the transfer of securities and the establishment of security entitlements (chapter T-11.002), derivatives referred to in the Derivatives Act (chapter I-14.01), claims, rights arising from an insurance contract and intellectual property rights, excluding in all cases property constituting a registered retirement savings plan, a registered retirement income fund, a registered education savings plan or a registered disability savings plan within the meaning of the Taxation Act.

O.C. 907-99, s. 2; O.C. 30-2009, s. 1.

CHAPTER II MEASURES TO GUARANTEE THE RELIABILITY OF DOCUMENTS TRANSMITTED ELECTRONICALLY

O.C. 755-99, s. 2.

DIVISION I TECHNOLOGICAL STRUCTURE

O.C. 755-99, s. 2.

15.1. Where an application for registration and the accompanying request for service are transmitted electronically, the reliability and security standards prescribed in this Chapter shall apply.

The computer system that is installed and the standards with which it must comply, in particular with respect to security, shall protect the confidentiality of the documents during transmission, ensure their nonrepudiation by establishing the identity of the applicant or of the person who sends the documents over an open communications network, and guarantee their integrity and completeness at all times.

O.C. 755-99, s. 2.

15.2. An asymmetric cryptographic system, combined with an auxiliary symmetric cryptographic system, shall be used to ensure the reliability of the data constituting the electronic documents transmitted to the registry office.

O.C. 755-99, s. 2.

15.3. The technological structure used for the electronic transmission of documents to the registry office shall be established in accordance with international or internationally recognized recommendations and standards, and more specifically, at a minimum, with the following criteria or criteria that are at least equivalent;

(1)  International Telecommunication Union (ITU) Recommendation X.500 (11/93), in general, adopted as an international standard by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) under the general designation of ISO/IEC 9594: 1995, for the management of the directory containing the information relating to the certificates and public keys that form an integral part of key pairs;

(2)  ITU Recommendation X.509 (11/93), in particular, adopted as an international standard by ISO and IEC under the designation ISO/IEC 9594-8: 1995 Information Technology — Open systems interconnection (OSI) — The Directory: Authentication framework, for the issue and storage of key pairs and signature verification and encryption certificates;

(3)  American National Standards Institute (ANSI) Standard X12 for data format and markup;

(4)  The American federal government’s National Institute of Standards and Technology (NIST) Standard FIPS 140-1 for the DES, DSA and SHA-1 algorithms used in cryptography; and

(5)  ISO/IEC 8859-1: 1988 graphic character sets (Latin alphabet No. 1) for the processing and storage of documents and their printing or conversion into hard copy.

Subsections 3 and 4 above refer to standards as they existed on 1 December 1997.

O.C. 755-99, s. 2.

15.4. The asymmetric cryptographic system shall provide for the issue of a signing key pair by means of which the transmitted documents are signed and their source identified.

The system shall also provide for the issue of an encryption key pair to protect the confidentiality of the documents being transmitted. Confidentiality is ensured by encrypting the data by means of a randomly variable secret key generated by the symmetric cryptographic system. That key is itself encrypted with the public key that forms part of the encryption key pair of the intended recipient, namely, the registry office, which decrypts the transmitted data with its private key.

The system shall also include a hash function by means of which the registry office can verify the integrity and completeness of the documents it receives.

O.C. 755-99, s. 2.

15.5. Each signing and encryption key pair shall consist of a unique and indissociable pair of keys, one public and the other private, that are linked mathematically. Each public key shall be referred to in a certificate which serves to bind the key to the key pair holder.

The identity of the holder is verified by means of his public key and his signature verification certificate.

O.C. 755-99, s. 2.

15.6. The signature verification certificate and encryption certificate shall be in electronic form and shall include the following information:

(1)  the distinguishing name of the key pair and certificate holder which consists of his name combined with a unique code;

(2)  the signature verification public key or the encryption public key, as the case may be, together with the certificate serial number, version, issue date and expiry date; and

(3)  the name of the issuer, the characteristics of the algorithm and the resulting hash code used in delivering the certificate.

O.C. 755-99, s. 2.

15.7. The encryption certificates shall be entered in an electronic directory and kept up-to-date by the registrar of the registry office.

The directory shall include the serial numbers of the signature verification certificates and encryption certificates that have been suspended, revoked or withdrawn. The form generation software automatically verifies the validity of a certificate when documents are transmitted.

O.C. 755-99, s. 2; O.C. 752-2019, s. 1.

DIVISION II ISSUE AND RENEWAL OF KEY PAIRS AND CERTIFICATES

O.C. 755-99, s. 2.

15.8. The registrar is charged with the issue and storage of key pairs and certificates attesting to the identity of the holders of key pairs that must be used to send applications for registration pursuant to this Regulation.

O.C. 755-99, s. 2; O.C. 752-2019, s. 2.

15.9. In order to send an application for registration to the registry office electronically, a person shall first obtain the appropriate key pairs and certificates. They will be issued after a notary accredited by the registrar has verified the person’s identity. The person requiring that verification shall bear its cost.

O.C. 755-99, s. 2.

15.10. The person whose identity is to be verified shall appear in person and provide accurate information and relevant supporting documents.

O.C. 755-99, s. 2.

15.11. The notary verifying an identity shall record the information required by the registrar, including the verification code selected by the applicant that only he can use to identify himself to the registrar.

The notary shall draw up an act en minute in which he certifies that the identity of the person has been established, that the identity has been verified for the purpose of obtaining key pairs and certificates for the electronic transmission of documents to the registry office and, where applicable, that the person whose identity has been established intends to send applications on his own behalf or that he is authorized to send applications on behalf of another person who is named.

He shall convey the recorded information and the certified facts to the registrar electronically in a transmission signed and encrypted by means of key pairs that provide at least the same degree of security and reliability as those issued by the registrar.

O.C. 755-99, s. 2.

15.12. Where a person who applies for key pairs and certificates has been a holder of key pairs and certificates in the preceding year, his identify verification code may be used to verify his identity providing he intends to send applications only on his own behalf.

O.C. 755-99, s. 2.

15.13. The registrar shall send to the person whose identity has been verified, in separate deliveries, 2 parts of a token with which the person shall generate his signing key pair from his workstation or chip card. That person shall generate his signing key pair within 15 days of receipt of the first part of the token and ensure the confidentiality thereof in the meantime.

The person shall also choose a password to be used primarily to initiate the process of signing, encrypting and transmitting electronic data.

The public key required to verify the holder’s signature shall be sent to the registrar. The transmission is done electronically and is automatic.

O.C. 755-99, s. 2; O.C. 752-2019, s. 3.

15.14. After receipt of the public key forming part of the signing key pair, an encryption key pair, together with a signature verification certificate and an encryption certificate, shall be issued to the holder. Where the holder is authorized to transmit applications on behalf of another person, that information shall be linked electronically, or cross-referenced, to his signature verification certificate.

The holder shall, before transmitting documents electronically, notify the registrar of the receipt of his key pairs and certificates in order that the registrar may activate them.

O.C. 755-99, s. 2.

15.15. A valid certificate may be renewed before its expiry date for the same term as that for which it was issued. The renewal shall be effected by means of a link-up between the holder’s and the registrar’s computer systems within the following time limits:

(1)  within 2 months of the certificate’s expiry date, where it was issued for one year;

(2)  within 4 months of the certificate’s expiry date, where it was issued for 2 years;

(3)  within 7 months of the certificate’s expiry date, where it was issued for 3 years;

(4)  within 9 months of the certificate’s expiry date, where it was issued for 4 years; or

(5)  within 12 months of the certificate’s expiry date, where it was issued for 5 years.

A renewal requires the generation of a new key pair. The new public key that is part of the key pair is automatically sent to the registrar who shall then issue to the holder the certificate relating to the key pair.

O.C. 755-99, s. 2.

DIVISION III OBLIGATIONS OF KEY PAIR AND CERTIFICATE HOLDERS

O.C. 755-99, s. 2.

15.16. The holder shall use his key pairs and certificates solely for the electronic transmission of documents to the registry office.

O.C. 755-99, s. 2.

15.17. The holder shall guarantee the security and confidentiality of the private key of each of his key pairs and of his identity verification code.

He shall notify the registrar as quickly as possible where the security or the confidentiality of a private key has been compromised, particularly where there is a danger of usurpation of the key or of voluntary or accidental disclosure of the password that initiates the process of electronic signing, encryption and transmission of documents, or where he believes that he has lost a private key or has had it stolen.

O.C. 755-99, s. 2; O.C. 752-2019, s. 4.

15.18. The holder shall destroy his key pairs where, for whatever reason, he no longer uses them or may no longer use them because of the non-renewal of a certificate, or because of its withdrawal or its revocation or because he is no longer authorized to transmit documents on others’ behalf to the registry office.

O.C. 755-99, s. 2; O.C. 752-2019, s. 5.

DIVISION IV VALIDITY OF KEY PAIRS AND CERTIFICATES

O.C. 755-99, s. 2.

15.19. In the event of the loss of a password accessing a certificate related to an encryption key pair, or in the event of a breakdown, dysfunction or loss of the medium storing the certificate, the holder may request the registrar to retrieve the encryption certificate and reactivate it.

A new signing key pair shall be generated from a new token sent to the holder. The new public key that is part of the signing key pair shall be automatically transmitted to the registrar who shall then issue a new signature verification certificate to the holder and send him the key pair and encryption certificate that were recovered.

Before transmitting documents electronically, the holder shall notify the registrar of the receipt of his key pairs and certificates in order that the registrar may activate them. The registrar shall then revoke the former signature verification certificate.

O.C. 755-99, s. 2; O.C. 752-2019, s. 6.

15.20. Where a holder no longer wishes to use his certificates, he shall notify the registrar of the date on which he intends to cease using them and request their withdrawal. The certificates shall be withdrawn following verification of the holder’s identity.

The withdrawal shall become effective when the certificate serial numbers are entered on the list of withdrawn or revoked certificates, which shall be at the latest on the first working day following the date indicated by the holder in his request or on the first working day following the verification of his identity.

O.C. 755-99, s. 2.

15.21. (Revoked).

O.C. 755-99, s. 2; O.C. 752-2019, s. 7.

15.22. The registrar may on his own initiative suspend or revoke key pairs and related certificates where

(1)  more than 6 months have elapsed since the holder last used the certificates;

(2)  there is reason to believe that a certificate has been altered;

(3)  there is reason to believe that the security of the key pairs or certificates has been compromised;

(4)  the holder is no longer authorized to transmit documents electronically on others’ behalf to the registry office, provided that the registrar has been notified; or

(5)  the holder fails to fulfil his obligations.

The registrar shall suspend the key pairs and certificates before revoking them and, except in the situation described in subparagraph 4 of the first paragraph, notify the holder, by any manner providing proof of delivery, that his certificate has been suspended and that he intends to revoke it. Any comments by the holder shall be submitted within 15 days from the date the notice was given.

Following the suspension, the certificates shall be either reactivated or revoked. The revocation shall take effect when the certificate serial numbers are entered on the list of withdrawn or revoked certificates, which shall be at the latest one working day following the revocation.

O.C. 755-99, s. 2.

15.23. Where a holder is no longer authorized to transmit documents electronically to the registry office on behalf of another person, that person shall notify the registrar accordingly.

O.C. 755-99, s. 2.

15.24. The registrar shall refuse to issue, for a period of 2 years from the revocation, new key pairs and certificates for the transmission of documents to the registry office to a person whose key pairs and certificates were revoked as a result of a failure to fulfil his obligations.

O.C. 755-99, s. 2.

15.25. Where the holder of key pairs and certificates requests the retrieval or withdrawal of a certificate or the correction of the unique code that forms part of his distinguishing name, his identity may be verified by means of his identity verification code.

O.C. 755-99, s. 2; O.C. 752-2019, s. 8.

15.26. The holder shall be notified of any correction, renewal, reactivation of a certificate following its suspension, withdrawal or revocation of a certificate. The holder shall also be notified of any refusal to issue a certificate and the grounds therefor.

O.C. 755-99, s. 2; O.C. 752-2019, s. 9.

CHAPTER III APPLICATIONS FOR REGISTRATION

O.C. 1594-93, c. II; O.C. 755-99, s. 1.

DIVISION I DESIGNATION, DESCRIPTION AND CHARACTERIZATION

16. The designation of persons shall state,

(1)  in the case of a natural person, the person’s name, and date of birth;

(2)  in the case of a legal person, its name and the address of its head office or, where applicable, the name and address of the establishment directly concerned by the application for registration.

Where a natural person acts within the framework of a business that the person operates or where a legal person acts under a name other than its own name, the designation may include the name of the business or the other name, and the corresponding address.

O.C. 1594-93, s. 16; O.C. 907-99, s. 3.

17. The designation shall state,

(1)  in the case of a general partnership, a limited partnership or an association, its name, juridical form and address;

(2)  in the case of the State, the name of the administrative authority concerned and the address of the main establishment of that authority; and

(3)  in the case of a trust, its name and address, if any. The trustee shall also be designated.

O.C. 1594-93, s. 17; O.C. 444-98, s. 6.

18. An application for registration shall clearly state whether each person named therein is a grantor or a holder of the right whose registration is being applied for.

O.C. 1594-93, s. 18.

19. All addresses shall state the number, the street name, the name of the municipality, the province or territory and, in the case of an address in Canada, the postal code. Where the country is not Canada, the name of the country shall also be given.

O.C. 1594-93, s. 19; O.C. 444-98, s. 7.

20. A road vehicle included in one of the classes referred to in subparagraphs 1 and 3 to 9 of the first paragraph of section 15, where its identification number has at least 17 characters and complies with the control algorithm, and a road vehicle included in one of the classes referred to in subparagraphs 2, 10 and 11 of that paragraph shall be described under the heading “Road vehicle” of the form to allow registration in a descriptive file. The description must contain the vehicle’s identification number and class.

Any other road vehicle, including one whose identification number does not have the required 17 characters or does not comply with the control algorithm, shall be described under the heading “Other property” of the form.

O.C. 1594-93, s. 20; O.C. 444-98, s. 7; O.C. 907-99, s. 4; O.C. 752-2019, s. 10.

21. The right whose registration is requested shall be characterized exactly, using the legal wording where possible.

O.C. 1594-93, s. 21.

DIVISION II MEDIUM AND TRANSMISSION

O.C. 1594-93, Div. II; O.C. 755-99, s. 3.

22. An application for registration may be in paper form. It may also be submitted in electronic form insofar as it is generated by means of the form generation software provided to the applicant by the registry office.

It may be transmitted to the registry office’s electronic depository in accordance with the provisions of CHAPTER II relating to the electronic transmission of documents where it is generated and delivered by means of that software.

O.C. 1594-93, s. 22; O.C. 444-98, s. 8; O.C. 755-99, s. 3.

23. The application for registration in the form of a notice shall be prepared by using either the paper form provided by the registry office or the software referred to in section 22. The form to be completed shall be appropriate to the type of application filed.

O.C. 1594-93, s. 23; O.C. 444-98, s. 9; O.C. 755-99, s. 3; O.C. 752-2019, s. 11.

23.1. The form generation software shall be locked in by means of a hash code that will guarantee its integrity. The applicant shall not modify the software and he shall use one of the versions in use at the registry office.

O.C. 755-99, s. 3.

23.2. An application form consists of texts and key words in addition to headings and spaces that shall be filled in according to the instructions relating to the type of application filed. The basic information making up the form may be arranged differently depending on whether the paper form or electronic form is used.

O.C. 755-99, s. 3.

23.3. An application for registration in paper form shall be submitted on paper measuring 215 mm wide × 279 mm or 355 mm long (8 ½ in. × 11 in. or × 14 in.), and weighing at least 75 g/m2 per ream.

O.C. 755-99, s. 3; O.C. 752-2019, s. 12.

23.4. An application for registration in paper form may not be a copy; it shall be typed, printed or written in block letters using good quality ink. The characters shall be clear, neat and legible, without deletions or alterations.

It shall bear the applicant’s handwritten signature and his name shall be typed, printed or written in block letters under the signature or in the space provided on the application form.

It may be filed in person at the registry office or sent by mail.

O.C. 755-99, s. 3.

23.5. An application for registration in electronic form shall consist of the data constituting the application form and inserted information that appear as screen pages. The form and inserted information data are linked electronically or by reference.

O.C. 755-99, s. 3.

23.6. An application for registration in electronic form shall be signed by means of the digital signature process by the holder of the key pair used to transmit data electronically to the registry office. Only one signature is required for the transmission of a set of documents consisting of several applications for registration and one request for service.

The holder shall make the transmission by file transfer to the registry office’s electronic depository where it will be received by the registrar. The holder shall attach his signature verification certificate to the transmitted data.

O.C. 755-99, s. 3.

23.7. The data shall be considered received only where they have been transmitted in full and where the registrar is able to access and decrypt them.

O.C. 755-99, s. 3.

23.8. Upon receipt of an application for registration in electronic form, the registrar shall make sure that the key pair holder’s signature verification certificate and digital signature are valid and that the transmitted data are intact.

O.C. 755-99, s. 3.

24. (Replaced).

O.C. 1594-93, s. 24; O.C. 444-98, s. 10; O.C. 755-99, s. 3.

DIVISION III CONTENT OF APPLICATIONS

O.C. 1594-93, Div. IV; O.C. 755-99, s. 4.

25. An application for registration of a right, in addition to referring to the constituting document, if any, shall contain the following information:

(1)  designation of the persons named in the application and, where a person is represented by a tutor, a mandatary appointed in a protection mandate of a party, a temporary representative by reason of the person’s incapacity, a liquidator, a bankruptcy trustee or a sequestrator, the name and quality of the representative;

(2)  a description of the property, if applicable;

(3)  characterization of the right whose registration is requested, its extent and, where applicable, the date after which the registration applied for ceases to be effective;

(4)  the event or condition, if any, on which the existence of the right depends;

(5)  to refer to a right in respect of which an entry was previously made in the register, the registration number of the right; and

(6)  where it is necessary to refer to a right in respect of which an application is presented simultaneously, the form number of the application.

The reference to a document constituting a right shall state

(1)  the date on which the document was signed and its place of signature, where applicable;

(2)  in the case of a notarized document, the name of the notary and the number of the minute or, where the document is an act en brevet, an indication of that fact;

(3)  in the case of a judicial document, the name of the court that issued it, the judicial district and the number of the court record; and

(4)  in the case of a private writing, the names of the witnesses who attested the writing, if such attestation is prescribed by law.

O.C. 1594-93, s. 25; O.C. 444-98, s. 11; I.N. 2016-01-01 (NCCP); S.Q. 2020, c. 11, s. 223.

26. An application for the reduction or cancellation of a registration, in addition to referring to the document, if any, that authorizes the reduction or cancellation, shall contain the following information:

(1)  (paragraph revoked);

(2)  identification of the right in respect of which the application is being presented and the registration number of that right;

(3)  where the reduction or cancellation is voluntary, designation of the consenting party and, where that person is represented, the name and quality of the representative, as well as a statement of the nature of the document that authorizes the representative to act, and the grantor’s name;

(4)  where the reduction or cancellation is ordered by judgment, the names of the persons referred to in the instrument;

(5)  where the reduction or cancellation is legal, the reference for the legislation on which the applicant has based the application, the statements or declarations prescribed by the legislation and, where applicable, the names of the persons named in the registration;

(6)  where the amount stated in a registered entry is being reduced, the sum for which a reduction is requested or ordered; and

(7)  where the situs of a right is being reduced, a description of the property in question.

The reference to a document authorizing the reduction or cancellation shall state

(1)  the date on which the document was signed and its place of signature, where applicable;

(2)  in the case of a notarized document, the name of the notary and the number of the minute or, where the document is an act en brevet, an indication of that fact;

(3)  in the case of a judicial document, the name of the court that issued it, the judicial district, the number of the court record and, in the case of a judgment, the conclusions; and

(4)  in the case of a private writing, the names of the witnesses who attested the writing, if such attestation is prescribed by law.

O.C. 1594-93, s. 26; O.C. 444-98, s. 12.

27. An application for renewal of the publication of a right shall designate the persons concerned by the application, shall describe the property, where applicable, and shall indicate the registration number of the right in question, as well as the date after which the registration applied for ceases to have effect.

O.C. 1594-93, s. 27; O.C. 444-98, s. 13.

28. An application for advance registration of a judicial demand shall designate the parties, shall describe the property and shall state the name of the court, the judicial district, the number of the court record, the name of the person in possession of the property, the purpose of the demand and the registration number of the right in question.

O.C. 1594-93, s. 28; O.C. 444-98, s. 13.

29. An application for advance registration of a right resulting from a will shall designate the testator and shall state the place and date of the testator’s death; it shall also state the nature of the right to which a person claims entitlement, as well as the reasons for advance registration and, where applicable, shall contain a description of the property in question.

O.C. 1594-93, s. 29; O.C. 444-98, s. 13.

30. An application for registration of an address may be made at the same time as an application for registration of a right or at some later date.

The application shall designate the beneficiary of the registration and shall state the address to which notification must be sent, as well as the registration number of the right in question or, where that right is recorded on an application presented simultaneously, the form number of that application.

O.C. 1594-93, s. 30; O.C. 444-98, s. 14; O.C. 752-2019, s. 13.

31. When an address is first registered, the registrar shall assign a notice of address number to the person who will benefit from the registration. In all subsequent applications for registration, the address to which notification must be sent shall be indicated by means of the notice of address number thus assigned.

O.C. 1594-93, s. 31.

32. An application to have an address to which notification must be sent or the name of the beneficiary of the registration changed or altered shall designate the beneficiary and indicate the number of the notice of address assigned by the registrar; it shall also state the former and new addresses to which notification must be sent or the beneficiary’s former and new names, as the case may be.

O.C. 1594-93, s. 32; O.C. 444-98, s. 15; O.C. 752-2019, s. 14.

CHAPTER IV REGISTERED ENTRIES

O.C. 1594-93, c. III; O.C. 755-99, s. 1.

33. Entries shall be clear and exact. They shall contain only the particulars prescribed by law and this Regulation.

O.C. 1594-93, s. 33.

34. Where an application specifies a date after which the registration will cease to be effective, that date should be indicated in the entry concerning the right. If the date after which the registration ceases to be effective, indicated in the application, is later than the last day of the legal time limit, the registrar shall bring that date forward to the last day of the time limit.

O.C. 1594-93, s. 34.

35. The registered entry of a right shall contain an exact statement of the nature of the right and shall record its registration number, as well as the date, hour and minute of presentation of the application for its registration.

O.C. 1594-93, s. 35; O.C. 444-98, s. 16.

36. The designation of a party in an entry in the register shall contain the particulars prescribed in sections 16 to 19.

O.C. 1594-93, s. 36; O.C. 444-98, s. 16.

36.1. To specify the situs or extent of a right, the registrar may, in registering the right, include a reference to the application requesting registration.

O.C. 444-98, s. 16.

37. Where, in registering a right, reference should be made to a right in respect of which an entry was previously made in the register, such reference shall be made by stating the nature of the right in question, along with its registration number.

Where the application for registration refers to the right in question by indicating a form number, as provided for in subparagraph 6 of the first paragraph of section 25, the registrar may, in registering the new right, replace the form number with the corresponding registration number.

O.C. 1594-93, s. 37; O.C. 444-98, s. 16.

38. (Revoked).

O.C. 1594-93, s. 38; O.C. 444-98, s. 17.

39. The entry of a legal or voluntary reduction or cancellation or of a reduction or cancellation ordered by judgment shall state the date on which the application was presented and its registration number.

The entry of a cancellation made as of right on the basis of the peremption of a registered entry shall be dated.

In all cases, a registered entry shall state the nature of a reduction or cancellation that is registered, along with the registration numbers in question.

O.C. 1594-93, s. 39; O.C. 752-2019, s. 15.

40. The entry for the reduction of a sum shall indicate the amount of the reduction.

An entry concerning a reduction that affects some of the property in question shall specify which property is affected by the reduction.

Where a reduction is not granted by all the creditors or all the holders of the right in question, those facts shall be recorded in the entry.

O.C. 1594-93, s. 40; O.C. 444-98, s. 18.

41. Where a registrar mistakenly records an entry on a name file or descriptive file, or where the registrar fails to make an entry, the entry shall be made on the appropriate file, below any entries already recorded, and any erroneous entry shall be deleted.

An indication of the fact that a correction has been made, and the date, hour and minute of correction, shall be entered in the appropriate detailed file, in the space reserved for that purpose below the entry of the right in question. The name of the registrar making the correction shall be entered in the same place.

O.C. 1594-93, s. 41; O.C. 444-98, s. 19.

42. Where an entry is made on the appropriate name file or descriptive file, but the content of that file is incomplete or erroneous, the entry shall be corrected by adding the missing item or by substituting the correct information for the erroneous.

An indication of the fact that a correction has been made, and the date, hour and minute of correction, shall be entered in the detailed file, in the space reserved for that purpose below the entry of the right in question. The name of the registrar making the correction shall be entered in the same place.

O.C. 1594-93, s. 42.

CHAPTER V LIST OF ADDRESSES

O.C. 1594-93, c. IV; O.C. 755-99, s. 1.

43. The register of personal and movable real rights shall include a list of addresses.

The list of addresses is composed of files opened, in the case of a natural person, under the name and date of birth of the beneficiary of the registration of an address and, in the other cases, under the name of the beneficiary and, where the address is in Canada, the postal code.

Each file shall state, in particular, the name of the beneficiary, the beneficiary’s address for notification purposes and the notice of address number assigned to the beneficiary by the registrar.

O.C. 1594-93, s. 43; O.C. 444-98, s. 20; O.C. 752-2019, s. 16.

43.1. When a file is opened in the list of addresses, a writing standardization algorithm shall be applied to the name under which the file is opened; any request to waive application of the algorithm shall be denied.

O.C. 444-98, s. 21.

44. Any application to have an address registered and to have the address or name of the beneficiary changed or altered shall be entered in the list of addresses under the name of the beneficiary. Where applicable, the notice of address number shall be entered in the appropriate detailed file, in the space reserved for that purpose below the entry of the right in question.

O.C. 1594-93, s. 44; O.C. 444-98, s. 22; O.C. 752-2019, s. 17.

44.1. (Revoked).

O.C. 444-98, s. 23; I.N. 2016-01-01 (NCCP); O.C. 752-2019, s. 18.

CHAPTER VI EXAMINATION OF THE REGISTER

O.C. 1594-93, c. V; O.C. 755-99, s. 1.

45. The register may be examined at the registry office, or through a telephone intermediary or by means of any information technology device made available by the registrar.

O.C. 1594-93, s. 45; O.C. 752-2019, s. 19.

46. A search in the register shall be done,

(1)  where it concerns a natural person or his succession, using the particulars provided for in section 13;

(2)  where it concerns a legal person, a partnership, an association or a trust, using the name thereof;

(3)  where it concerns the State, using the name of the administrative authority concerned by the registration;

(4)  where it concerns a road vehicle referred to in section 15, using its identification number; and

(5)  where it concerns an uncancelled entry, using the corresponding registration number or form number.

O.C. 1594-93, s. 46; O.C. 444-98, s. 23.

46.1. Where a registered entry is examined through a telephone intermediary or by means of any information technology device, it may not be possible to access the list of property in question. In such cases, the registrar shall send to the person so requesting a certified statement of the entry where the list is contained in the register or, in the case provided for in section 36.1, a certified copy of the application containing the list of the property.

O.C. 444-98, s. 23; O.C. 752-2019, s. 20.

46.2. The list of addresses may be examined, under the name of the beneficiary of the registration of the address, using the same particulars as those used for examination of the register.

It may also be examined using the beneficiary’s notice of address number.

O.C. 444-98, s. 23.

46.3. During examination, the standardization algorithm referred to in sections 13.1 and 43.1 shall be applied to the name under which the search is made.

O.C. 444-98, s. 23.

47. A cancelled entry or an entry that will cancel another entry may be examined upon presentation of an application to that effect; the application shall designate the right in question and shall state its registration number.

O.C. 1594-93, s. 47.

47.1. Where the registrar must provide a copy of a digitally signed electronic document, the document shall be converted into hard copy from the data that was received and decrypted and whose integrity has been verified. The information constituting the form shall be added to these data.

The name of the signatory resulting from the verification of his identity and, if applicable, the name of the person on whose behalf the application for registration was transmitted shall appear on the hard copy.

O.C. 755-99, s. 5.

48. The registrar’s signature may be affixed mechanically or by computer for the purposes of certifying a statement concerning rights entered in the register, a statement concerning a specific entry, or a copy of a document forming part of the records of the registry office.

O.C. 1594-93, s. 48.

CHAPTER VII CONSERVATION, REPRODUCTION AND TRANSFER

O.C. 1594-93, c. VI; O.C. 755-99, s. 6.

49. An application for registration and any supporting document may, where they are in paper form, be reproduced on a medium that protects them from being altered.

O.C. 1594-93, s. 49; O.C. 755-99, s. 6; O.C. 752-2019, s. 21.

49.1. The data constituting the applications for registration and documents transmitted in electronic form to the registry office shall be conserved as received.

They may however be transferred to a medium that protects them from being altered.

O.C. 755-99, s. 6; O.C. 752-2019, s. 22.

49.2. A backup copy of the media on which the documents were reproduced or the data transferred shall be stored elsewhere than at the registry office.

O.C. 755-99, s. 6; O.C. 752-2019, s. 23.

50. Cancelled entries or entries cancelling other entries may be transferred to a medium that protects them from being altered.

O.C. 1594-93, s. 50; O.C. 755-99, s. 6; O.C. 752-2019, s. 24.

CHAPTER VIII MISCELLANEOUS PROVISIONS

O.C. 1594-93, c. VII; O.C. 755-99, s. 1.

51. (Revoked).

O.C. 1594-93, s. 51; O.C. 444-98, s. 24.

52. The office at which the register is kept shall be open every day, except the days referred to in the first paragraph of article 82 of the Code of Civil Procedure (chapter C-25.01), on 24 and 31 December and on any non-working day to which those days are postponed pursuant to the labour agreements of Government employees in force. The registrar shall publish the closing days of the office on its website.

Applications may be presented from 9:00 a.m. to 3:00 p.m.

The register may be examined at the registry office, assisted by an office attendant, from 8:30 a.m. to 4:00 p.m or through a telephone intermediary from 8:30 a.m. to 4:30 p.m. However, on Wednesdays, those hours are respectively from 10:00 a.m. to 4:00 p.m. and from 10:00 a.m. to 4:30 p.m.

O.C. 1594-93, s. 52; O.C. 444-98, s. 25; I.N. 2016-01-01 (NCCP); O.C. 752-2019, s. 25.

52.1. Despite section 52, the register may be examined remotely by means of an information technology device made available by the registrar Monday to Friday from 7:30 a.m. to 11:00 p.m. and Saturday and Sunday from 7:30 a.m. to 5:00 p.m.

O.C. 444-98, s. 26; I.N. 2016-01-01 (NCCP); O.C. 752-2019, s. 26.

52.2. (Revoked).

O.C. 907-99, s. 5; O.C. 752-2019, s. 27.

53. (Omitted).

O.C. 1594-93, s. 53.

SCHEDULE I

(Revoked)

O.C. 1594-93, Sch. I; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE II

(Revoked)

O.C. 1594-93, Sch. II; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE III

(Revoked)

O.C. 1594-93, Sch. III; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE IV

(Revoked)

O.C. 1594-93, Sch. IV; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE V

(Revoked)

O.C. 1594-93, Sch. V; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE VI

(Revoked)

O.C. 1594-93, Sch. VI; O.C. 444-98, s. 27; O.C. 907-99, s. 6; I.N. 2016-01-01 (NCCP); O.C. 752-2019, s. 28.

SCHEDULE VII

(Revoked)

O.C. 1594-93, Sch. VII; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE VIII

(Revoked)

O.C. 1594-93, Sch. VIII; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE IX

(Revoked)

O.C. 1594-93, Sch. IX; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE X

(Revoked)

O.C. 1594-93, Sch. X; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE XI

(Revoked)

O.C. 1594-93, Sch. XI; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE XII

(Revoked)

O.C. 1594-93, Sch. XII; O.C. 444-98, s. 27; O.C. 907-99, s. 6; I.N. 2016-01-01 (NCCP); O.C. 752-2019, s. 28.

SCHEDULE XIII

(Revoked)

O.C. 1594-93, Sch. XIII; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE XIV

(Revoked)

O.C. 1594-93, Sch. XIV; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE XV

(Revoked)

O.C. 1594-93, Sch. XV; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE XVI

(Revoked)

O.C. 1594-93, Sch. XVI; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

SCHEDULE XVII

(Revoked)

O.C. 1594-93, Sch. XVII; O.C. 444-98, s. 27; O.C. 907-99, s. 6; O.C. 752-2019, s. 28.

REFERENCES

O.C. 1594-93, 1993 G.O. 2, 6215

O.C. 444-98, 1998 G.O. 2, 1513

O.C. 755-99, 1999 G.O. 2, 2055

O.C. 907-99, 1999 G.O. 2, 2719

O.C. 972-99, 1999 G.O. 2, 2835

O.C. 30-2009, 2009 G.O. 2, 17A

O.C. 752-2019, 2019 G.O. 2, 1636

S.Q. 2020, c. 11, s. 223