Certificate of discharge or partial discharge
38.6(1)Where the amount of money stated in a certificate referred to in subsection 38.1(1) or as amended by an amending certificate referred to in subsection 38.5(1) has been paid to the Director, the Director
(a)
shall cause the lien referred to in subsection 38.1(6) to be discharged by filing with the registrar of deeds a certificate of discharge in the form prescribed by regulation, and
(b)
shall cause the lien referred to in subsection 38.1(6.2) to be discharged by discharging the registration in the Personal Property Registry of the notice of the certificate to which the discharge relates.
38.6(2)Where an amount of money less than the amount of money stated in a certificate referred to in subsection 38.1(1) or, where applicable, as amended by an amending certificate referred to in subsection 38.5(1) has been paid to the Director, the Director shall
(a)
cause a certificate of partial discharge in the form prescribed by regulation to be filed with the registrar of deeds,
(b)
amend the registration in the Personal Property Registry of the notice of the certificate to which the payment relates to disclose the amended amount, and
(c)
where the certificate was issued in relation to more than one employee, distribute pro rata to the employees in respect of whom the lien or liens was or were constituted the amount of money paid.
38.6(3)In a case within paragraph (1)(
a) or (2)(
a) the certificate of discharge or partial discharge, as the case may be, shall be filed by the registrar of deeds and shall be indexed in the appropriate registration index and a notation of the certificate of discharge or partial discharge shall be made by the registrar opposite the entry of the certificate, the amending certificate or the renewal statement to which the certificate of discharge or partial discharge refers.
1988, c.59, s.15; 1994, c.50, s.2; 2003, c.4, s.8