Acts and Regulations

2018-42 - Land Titles Act

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NEW BRUNSWICK
REGULATION 2018-42
under the
Land Titles Act
(O.C. 2018-144)
Filed May 15, 2018
1Subsection 5(3) of New Brunswick Regulation 83-130 under the Land Titles Act is repealed and the following is substituted:
5(3)The land titles office shall be open for business every day except Saturdays, Sundays and holidays, between 9 a.m. and 5 p.m., but instruments shall be received for filing or registration between 9 a.m. and 4:30 p.m. only.
2Section 21 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
21(1)Subject to this section, unless prepared in book form for deposit, all instruments shall be printed or typewritten on good quality white paper, 8.5 inches by 11 inches (22.6 cm by 27.94 cm) or 8.5 inches by 14 inches (22.6 cm by 35.6 cm), with a margin of not less than one inch (2.5 cm) on the top and left side of the page and, if printed on the reverse thereof a margin of not less than one inch (2.5 cm) on the top and right side of the page, and shall be of sufficient clarity to permit photocopying or other reproduction.
(b) by adding after subsection (3) the following:
21(3.1)If an instrument is to be filed or registered under the Act by submitting a digitally scanned image of the instrument, the digitally scanned image shall be of sufficient clarity to be readable when reproduced.
21(3.2)If an instrument with a crimped or raised seal affixed to it is to be filed or registered under the Act by submitting a digitally scanned image of the instrument, the seal must be darkened or otherwise sufficiently enhanced so that the seal may be identified.
21(3.3)A registrar may refuse to file or register an instrument,
(a) with respect to a digitally scanned image of an instrument referred to in subsection (3.1), if the instrument is not of sufficient clarity to be readable by the registrar when reproduced, or
(b) with respect to a digitally scanned image of an instrument referred to in subsection (3.2), if the seal cannot be identified by the registrar.
3The Regulation is amended by adding after section 21.21 the following:
21.22For the purposes of subsection 17.11(1) of the Act, the following instruments shall not be filed or registered under the Act by submitting a digitally scanned image of the instrument:
(a) a will or codicil;
(b) an instrument filed or registered under the Condominium Property Act; and
(c) an instrument designated under section 21.1 of this Regulation for the purposes of subsection 17.1(1) of the Act.