Acts and Regulations

R-6 - Registry Act

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Full text
Current to 1 January 2024
CHAPTER R-6
Registry Act
Definitions
1In this Act
“decree” includes an abbreviated decree referred to in subsection 50(3.1);
“digitally scanned image” means a digitally scanned image of an instrument, in a format that has been approved by the Chief Registrar of Deeds and includes a digitally scanned image of a plan of a survey or a subdivision plan;(image numérisée)
“instrument” includes every deed, conveyance, mortgage, assignment of mortgage, certificate of discharge of mortgage, assurance, lease, bond, release, discharge, power of attorney or substitution thereof under which such instrument is executed, bond or agreement for sale or purchase of land, letter of attorney, will, probate of will, grant of administration with the will annexed, letters of administration, certificate of the laying out of road, judgment or decree or memorial of judgment or decree of any court affecting any interest in or title to land, sheriff’s, referee’s or other officer’s deed of lands sold under and by virtue of his office, every contract in writing and every proceeding in lunacy, bankruptcy or insolvency, grant from the Crown as representing the Province, grant from the Crown as representing Canada, and any other document whereby lands or real estate may be disposed of, transferred, charged, encumbered or affected, in anywise affecting lands in this Province;(instrument)
“judgment” includes an abbreviated judgment referred to in subsection 50(3.1);
“land” includes lands, tenements, hereditaments, appurtenances and real estate;(bien-fonds)
“land surveyor” means a member of the Association of New Brunswick Land Surveyors registered under the New Brunswick Land Surveyors Act, 1986 to practise land surveying in the Province of New Brunswick;(arpenteur-géomètre)
“registrar” means a registrar of deeds;(conservateur)
“subscriber” means a member of the Law Society of New Brunswick authorized to practise law who has entered into an agreement with Service New Brunswick respecting the authentication and submission of a digitally scanned image of an instrument;(souscripteur)
“will” includes probate of will and exemplification, and duly certified copies of a will or of a probate of a will and letters of administration with the will annexed, and a devise whereby land is disposed of or affected.(testament)
R.S., c.195, s.1; 2013, c.32, s.35; 2017, c.60, s.2
Interests within the scope of the Personal Property Security Act
1.1(1)This Act does not apply to an agreement that provides for an interest in property to secure payment or performance of an obligation that is within the scope of the Personal Property Security Act except to the extent that that Act expressly otherwise provides.
1.1(2)This Act applies to
(a) the creation or transfer of an interest in land including a lease, and
(b) the creation or transfer of a right to payment that arises in connection with an interest in or a lease of land other than a right to payment evidenced by a security or instrument.
1.1(3)For the purposes of subsection (2), “security” and “instrument” have the same meaning as in paragraph 4(f) of the Personal Property Security Act.
1993, c.36, s.11
Administration
2Service New Brunswick is charged with the general supervision of this Act.
1961-62, c.67, s.1; 1967, c.38, s.2; 1989, c.N-5.01, s.38; 1998, c.12, s.18
Registry office
3(1)For every county there is to be a registry office for the registry of all instruments affecting lands in that county.
3(2)Registry offices are to be located in accordance with the regulations.
3(3)Two or more registry offices may be combined in one office in accordance with the regulations.
3(4)Subject to this section and the regulations, registry offices in existence when this Act comes into force are to continue.
R.S., c.195, s.2; 1969, c.68, s.1
Appointment of registrars and deputy registrars
4(1)Service New Brunswick may appoint registrars of deeds for the several counties and may appoint the same person registrar of deeds for more than one county.
4(2)Service New Brunswick may appoint one or more deputy registrars of deeds for any county, and may appoint the same person deputy registrar of deeds for more than one county.
R.S., c.195, s.5; 1961-62, c.67, s.2; 1969, c.68, s.3; 1989, c.N-5.01, s.38; 1998, c.12, s.18
Ex officio deputy registrars
5(1)Every registrar of deeds is ex officio a deputy registrar of deeds for every county in the Province other than the county for which he is appointed and may perform within the territorial limits thereof any of the duties of the registrar appointed for the county.
5(2)Every deputy registrar of deeds is ex officio a deputy registrar for every county in the Province other than the county for which he is appointed and may perform within the territorial limits thereof any of the duties of a deputy registrar appointed for the county.
1963 (2nd Sess.), c.35, s.1; 1972, c.61, s.1
Chief Registrar of Deeds
6(1)The Lieutenant-Governor in Council may appoint a registrar as Chief Registrar of Deeds for the Province.
6(2)When the position of Chief Registrar of Deeds is vacant, or the Chief Registrar of Deeds is unable to act by reason of illness, absence or any other cause, Service New Brunswick may designate a registrar to perform the duties and exercise the powers of the Chief Registrar of Deeds for the time specified in the designation or until the designation is revoked by Service New Brunswick.
6(3)When the position of a registrar or deputy registrar is vacant, or a registrar or deputy registrar is unable to act by reason of illness, absence or any other cause, the Chief Registrar of Deeds shall designate a registrar, deputy registrar or an appropriate employee of Service New Brunswick working in a registry office to perform the duties and exercise the powers of the registrar or deputy registrar whose position is vacant or who is unable to act for the time specified in the designation or until the designation is revoked by the Chief Registrar of Deeds.
6(4)A designation or revocation under this section is effective at the time stated therein the Chief Registrar of Deeds shall cause the designation or revocation to be published in The Royal Gazette within two weeks after the designation or revocation, but a failure to publish does not invalidate the designation or revocation.
6(4.1)Section 8 applies mutatis mutandis to an employee designated by the Chief Registrar under subsection (3).
6(5)Subject to the direction and supervision of Service New Brunswick, the Chief Registrar of Deeds
(a) shall act in a supervisory capacity with respect to registrars and deputy registrars;
(b) may direct registrars and deputy registrars with respect to the areas in which they will normally perform the duties and exercise the powers of a registrar or deputy registrar;
(c) shall perform such other duties with respect to the office of registrar or deputy registrar throughout the Province as Service New Brunswick may direct; and
(d) may recommend to Service New Brunswick the suspension or removal from office of any registrar or deputy registrar.
6(6)Registrars and deputy registrars are subject to the direction of the Chief Registrar.
1972, c.61, s.2; 1975, c.53, s.1; 1983, c.78, s.1; 1986, c.69, s.1; 1989, c.N-5.01, s.38; 1998, c.12, s.18
Security of registrar and deputy registrar
7Each registrar and each deputy registrar shall furnish such security for the due performance of the duties of his office as Service New Brunswick may prescribe.
R.S., c.195, s.6; 1961-62, c.67, s.2; 1989, c.N-5.01, s.38; 1998, c.12, s.18
Oath of registrar and deputy registrar
8(1)Each registrar and each deputy registrar before entering upon the duties of his office shall
(a) take and subscribe an oath of office, or
(b) make and subscribe an affirmation of office,
as follows:
I, __________________ of ________________ in the County of ______________________ do swear (or solemnly affirm) that I will well, truly and faithfully perform and execute all the duties pertaining to the office of registrar of deeds (or deputy registrar, as the case may be) for the County of ___________________. (In the case where an oath is taken add “So help me God”)
8(2)The
(a) oath referred to in subsection (1) is to be taken and subscribed, or
(b) affirmation referred to in subsection (1) is to be made and subscribed,
before a judge of the Provincial Court or a Clerk of The Court of King’s Bench of New Brunswick and is to be filed forthwith with the Chief Registrar of Deeds.
R.S., c.195, s.7; 1961-62, c.67, s.2; 1966, c.93, s.2; 1979, c.41, s.109; 1983, c.4, s.20; 1989, c.N-5.01, s.38; 2023, c.17, s.239
Powers and duties of deputy registrar
9A deputy registrar for a county has the same powers and duties that the registrar for the county has under this or any other Act, subject to the direction and supervision of the registrar.
R.S., c.195, s.8; 1961-62, c.67, s.2; 1966, c.93, s.3; 1972, c.61, s.3; 1986, c.69, s.2
When registry office open
10(1)Every registry office shall be kept open on all days except Saturdays, Sundays and holidays, from the hours of nine o’clock in the forenoon until five o’clock in the afternoon, unless otherwise prescribed by the Lieutenant-Governor in Council by regulation.
10(2)No instrument shall be received for filing or registration except between the hours of 9 a.m. and 4:30 p.m. in the afternoon, unless otherwise prescribed by the Lieutenant-Governor in Council by regulation.
10(3)Notwithstanding any other Act, Boxing Day is a holiday for the purpose of this section.
R.S., c.195, s.9; 1961-62, c.67, s.2; 1968, c.89, s.1; 1972, c.61, s.4; 2017, c.60, s.2
Conflict of interests
11(1)No registrar, deputy registrar, or clerk in the registry office shall
(a) directly or indirectly act as the agent of any person investing money and taking securities on real estate within the county, or
(b) advise for a fee or reward upon the title to land, or practise as a conveyancer, or
(c) carry on or transact within the office any business or occupation other than his duties under this Act.
11(2)The penalty for an offence against this section is dismissal from office.
R.S., c.195, s.10; 1961-62, c.67, s.2
Duties of registrar
12(1)The registrar shall, when required and upon being tendered legal fees therefor in the manner hereinafter prescribed for so doing, allow searches to be made and furnish copies and abstracts of or concerning all instruments or documents registered, recorded or filed in his office, the fees for the making of which copies and abstracts shall be returned or paid over by the registrar as required in respect of other receipts of the office under this Act, and he shall exhibit the original registered instruments, if in his possession, and also the books of the office relating thereto, when any party desires to make a personal inspection thereof, and shall give certificates of all copies and extracts under his hand of the same; but no registrar shall allow any such book or instrument filed but not registered to be taken out of his possession or custody.
12(2)The Executive Director of Assessment under the Assessment Act and persons designated by him to act on his behalf may search free of charge in the office of any registrar of deeds for such information as he or they consider necessary.
R.S., c.195, s.18; 1961-62, c.67, s.3; 1963 (2nd Sess.), c.35, s.2; 1966, c.93, s.4; 1986, c.8, s.113; 1989, c.N-5.01, s.38; 1989, c.55, s.47
Seal of registrar; production of documents
13Every registrar shall have a seal of office to be approved by Service New Brunswick or other person appointed for that purpose, and on request shall furnish an exemplification or certified copy under his hand and seal of office of any instrument deposited, registered or filed in his office as registrar, which exemplification or certified copy shall, subject to the provisions of this Act or any Act relating thereto, be received as prima facie evidence of such instrument, and of the registration thereof, in every court in this Province, in the same manner and with the same effect as if the original thereof was produced; and no registrar or deputy shall be required to produce any document in his custody as registrar or deputy registrar unless ordered by a judge of The Court of King’s Bench of New Brunswick, which order shall be produced to the registrar or deputy registrar and accompany the summons to witness, if any, served upon him requiring the production.
R.S., c.195, s.19; 1960, c.62, s.1; 1979, c.41, s.109; 1986, c.4, s.47; 1989, c.N-5.01, s.38; 1998, c.12, s.18; 2008, c.20, s.1; 2023, c.17, s.239
Powers regarding document maintenance and disposal
13.1(1)Any instrument or document registered in the registry office for any county and any index, book or record used in connection with such instrument or document
(a) may be kept in paper or photographic film form, or
(b) may be entered or recorded by any system of mechanical or electronic data processing or by any other information storage system that is capable of reproducing any required information in an accurate and intelligible paper form within a reasonable time.
13.1(2)Instruments, documents, indices, books or records referred to in subsection (1) that are kept in one form may be converted to any other form.
13.1(3)Where instruments, documents, indices, books or records referred to in subsection (1) are kept by the registrar otherwise than in paper form, the registrar shall furnish copies or abstracts under subsection 12(1) or exemplifications or certified copies under section 13 in an accurate and intelligible paper form.
13.1(4)The registrar may destroy or otherwise dispose of any instrument, document, index, book or record referred to in subsection (1) at any time after the instrument, document, index, book or record has been converted to another form.
13.1(5)Subsection (4) does not apply to an original will deposited in the registry office for registration.
13.1(6)The registrar may destroy or otherwise dispose of the following documents, indices, books or records kept in the registry office, whether or not they have been converted to another form:
(a) any document filed under the Assignment of Book Debts Act, chapter A-15 of the Revised Statutes, 1973, the Conditional Sales Act, chapter C-15 of the Revised Statutes, 1973, or the Bills of Sale Act, chapter B-3 of the Revised Statutes, 1973, before the repeal of those Acts, other than a document evidencing a sale of chattels that has been filed under the Bills of Sale Act, if
(i) the document has been discharged or the registration of the document has lapsed, or
(ii) the filing or registration of the document was continued by registration under the Personal Property Security Act and the registration under the Personal Property Security Act was discharged or lapsed without being re-registered under that Act within 30 days after the lapse or discharge, or
(b) any index, book or record used in connection with a document destroyed or otherwise disposed of under paragraph (a) if the index, book or record does not contain information relating to any document remaining in the registry office.
2008, c.20, s.2
Electronic information storage system
13.2(1)In this section, “entry” includes a note, a notation or a memorandum.
13.2(2)Where an instrument or a document registered in any registry office for any county is kept by the registrar in an electronic information storage system,
(a) any reference in this Act, any other Act or any regulation under this or any other Act to the registry book or to any other book or index used in connection with the instrument or document shall be construed to include that electronic information storage system;
(b) subject to paragraph (c), a requirement imposed by or under this Act, any other Act or any regulation under this or any other Act that the registrar make an entry in relation to the instrument or document in the registry book, or in any other book or index used in connection with the instrument or document, shall be deemed to be met if the registrar makes an entry in the electronic information storage system having the same or similar effect as the required entry; and
(c) a requirement imposed by or under this Act, any other Act or any regulation under this or any other Act that the registrar make an entry on the margin of the registry book or of any other book in which the instrument or document is registered shall be deemed to be met if the registrar makes an entry in the electronic information storage system having the same or similar effect as the required entry with the result that the system causes a notice containing the information entered to appear whenever the instrument or document is accessed on the system.
13.2(3)Paragraph (2)(c) applies with the necessary modifications to a requirement imposed by or under this Act, any other Act or any regulation under this or any other Act that the registrar make an entry in the margin of or opposite the entry or registry of a registered instrument or document.
2008, c.20, s.2
Contents of registry office
14The books, records, plans and instruments of whatever description, the furniture and equipment provided by the county for the use of the registry office and heretofore deemed to be the property of the Crown for the use and benefit of the public, are continued so to be, and the responsibility for the further maintenance and upkeep thereof henceforth rests with the Province.
R.S., c.195, s.20; 1961-62, c.67, s.5; 2023, c.17, s.239
Recopying or repairing of book
15(1)When in any registry office any book, record, plan or instrument kept in paper form, from age or use, is becoming obliterated, unfit for further use or is in need of repair, the Chief Registrar of Deeds or other person authorized by Service New Brunswick thereunto may order such book, record, plan or instrument to be recopied or repaired in such manner as he thinks necessary, the copy to be, so far as the same can be deciphered by examination thereof, a true and complete copy of the original, and the registrar or his deputy shall insert or subscribe an affidavit or declaration to the effect that the original so copied is a true copy of the original of which it purports to be a copy; and the same shall be to all intents and purposes acknowledged and received as the original, and as prima facie evidence that the copy is a true copy of the original.
15(2)Repealed: 2008, c.20, s.3
15(3)Notwithstanding the provisions of subsection 12(1), any book, record, plan or instrument requiring replacement or repair may be removed from the Registry Office for the purpose of that replacement or repair.
R.S., c.195, s.22; 1961-62, c.67, s.7; 1978, c.46, s.1; 1989, c.N-5.01, s.38; 1998, c.12, s.18; 2008, c.20, s.3
15.1Repealed: 2008, c.20, s.4
1980, c.47, s.1; 1989, c.N-5.01, s.38; 1998, c.12, s.18; 2008, c.20, s.4
Death or removal of registrar
16Where the registrar ceases to hold office in consequence of his resignation or removal therefrom, or where a registrar dies, the deputy registrar shall continue in control of the said office and of the books and records therein.
R.S., c.195, s.23; 1969, c.68, s.4
Powers of Chief Registrar
17The Chief Registrar of Deeds or other person designated by Service New Brunswick may:
(a) make a personal inspection of the building in which any registry office is kept, and of the books, deeds, titles, and instruments in any registry office;
(b) examine and see that the proper books are provided; that they are in good order and condition; that the proper entries and registration are made therein in a proper manner, and in a due and proper form and order; that the indexes are properly kept; that all instruments are duly endorsed, certified and preserved;
(c) ascertain if the office is kept duly open at and for the proper times, and that it is at all times duly attended by the registrar or his deputy;
(d) inform the registrar how and in what manner he shall do any particular act, or amend or correct whatever he may find amiss; and in case he finds the work improperly done by a registrar he has power to order a new book or books to be prepared and completed by the registrar at the latter’s own expense; but the registrar is not bound to carry out instructions in reference to a matter involving a question of legal liability of the registrar to the public or to individuals for the non-performance, improper performance, omission or neglect of any duty or obligation;
(e) report upon all vacancies by death or otherwise in the office of registrar or deputy registrar;
(f) inspect all abstract and alphabetical indexes, and settle and certify the sums, if any chargeable therefor;
(g) fix or settle upon a uniform device for the official seals of the registrars, and see that the registrars are supplied therewith.
R.S., c.195, s.25; 1960, c.62, s.1; 1961-62, c.67, s.9, 10; 1989, c.N-5.01, s.38; 1998, c.12, s.18; 2008, c.20, s.5
Replacement of registrar by temporary officer
18Whenever, by reason of death, dismissal, illness or other cause or incapacity, the office of registrar in any county becomes vacant, or is left temporarily without any duly authorized person to attend to the duties thereof, or if any registrar appears to the Chief Registrar of Deeds to be neglecting the duties of his office whereby the records, documents, books or instruments in the said office appear to the Chief Registrar of Deeds to be in jeopardy, or liable to be lost, taken away or injured, the Chief Registrar of Deeds shall authorize a suitable person to take possession thereof, and while in possession such person may receive and record all instruments offered for registry, entering the same and certifying thereto in his own name as acting registrar, and he shall continue so to act until order made to the contrary.
R.S., c.195, s.26; 1960, c.62, s.1; 1989, c.N-5.01, s.38
Registration of instruments
19(1)All instruments may be registered in the registry office for the county where the lands lie, and if not so registered, shall, subject to the provisions of subsections (3), (4), (4.1) and (5), be deemed fraudulent and void against subsequent purchasers for valuable consideration whose conveyances are previously registered.
19(2)Subject to subsections (3), (4), (4.1) and (5), all instruments shall, if not registered within three months of the date of their execution, be deemed fraudulent and void as against any bona fide judgment creditor, when, prior to the registry of such conveyance, the judgment or a memorial of the judgment has been registered.
19(3)No lease for a term not exceeding three years, where the actual possession goes along with the lease, need be registered, nor shall such lease be deemed fraudulent and void merely by reason of its not being registered; but this subsection does not extend or apply to any lease for a greater term than three years, nor to any lease where the actual possession does not go along with the lease.
19(4)Where a person in an official capacity executes a conveyance of an interest in lands sold at public auction, pursuant to law, the conveyance, if registered within six months of the day of such sale, shall, as against any subsequent purchaser or judgment creditor, be as valid as if registered at the time of sale.
19(4.1)Without limiting subsection (4), if a sheriff executes a conveyance of an interest in lands sold by the sheriff under the Enforcement of Money Judgments Act, the conveyance, if registered within six months after the day of its execution, shall, as against any subsequent purchaser or judgment creditor, be as valid as if registered on the day of its execution.
19(5)A will registered within six months after the death of the testator if he died within the Province, or within one year after death if he died without the Province, shall as against subsequent purchasers or judgment creditors be as valid as if it had been registered immediately after the death of the testator.
19(6)No deed affecting the transfer of real property shall be registered unless accompanied by an affidavit of the transfer setting forth the true and actual consideration for which such property was acquired, the names of the parties, the location and description of real property and such other information prescribed by regulation, which affidavit shall be made by the grantee, his solicitor or other agent duly authorized in that behalf, and shall be in the form set forth in the regulations or to the like effect.
19(7)The registrar shall not record such affidavit but shall forward the same to the Executive Director of Assessment under the Assessment Act not later than thirty days after the date of registration of the deed.
19(8)Repealed: 2008, c.56, s.17
19(9)Repealed: 2008, c.56, s.17
R.S., c.195, s.27; 1969, c.68, s.5; 1972, c.61, s.5; 1978, c.46, s.2; 1979, c.41, s.109; 1980, c.47, s.2; 1983, c.R-2.1, s.10; 1986, c.8, s.113; 1986, c.69, s.3; 1989, c.55, s.47; 1989, c.N-5.01, s.38; 2008, c.56, s.17; 2013, c.32, s.35; 2015, c.57, s.1
Instrument that may be submitted as a digitally scanned image
19.01(1)Except as otherwise provided in the regulations, all instruments that may be submitted to be filed or registered under this Act may be filed or registered by submitting a digitally scanned image of the instrument.
19.01(2)A digitally scanned image of an instrument that is submitted to be filed or registered in accordance with subsection (1)
(a) shall be in a format that has been approved by the Chief Registrar of Deeds as being equivalent, when printed, in form and content to its counterpart prescribed by regulation, and
(b) shall be submitted using the technology put in place by Service New Brunswick.
19.01(3)When a digitally scanned image of an instrument is submitted to be filed or registered in accordance with subsection (1), the subscriber or the land surveyor, as the case may be, shall provide to the registrar evidence of his or her identity or authorization that is satisfactory to the registrar.
19.01(4)Subject to subsection (5), no person other than a subscriber shall submit a digitally scanned image of an instrument.
19.01(5)A land surveyor who has entered into an agreement with Service New Brunswick may, in accordance with the agreement and this Act, submit a digitally scanned image of an instrument that is a plan of survey or a subdivision plan.
2017, c.60, s.2
Authentication of digitally scanned image
19.02(1)A digitally scanned image of an instrument shall not be submitted by a subscriber or land surveyor for filing or registration unless the digitally scanned image has been authenticated in the manner established by Service New Brunswick.
19.02(2)Nothing in this section requires that the subscriber or land surveyor who authenticates a digitally scanned image of an instrument be the subscriber or land surveyor who submits the digitally scanned image for registration or filing.
19.02(3)A subscriber or a land surveyor shall not authenticate a digitally scanned image of an instrument unless
(a) the subscriber or land surveyor has in his or her possession the instrument in paper format that, to the best of the subscriber’s or land surveyor’s knowledge and belief, has been duly executed and witnessed, if required, and
(b) the digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).
19.02(4)The authentication by a subscriber or land surveyor under subsection (3) is a certification by the subscriber or land surveyor that
(a) the subscriber or land surveyor has in his or her possession the instrument in paper format that, to the best of the subscriber’s or land surveyor’s knowledge and belief, has been duly executed and witnessed, if required, and
(b) the digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).
2017, c.60, s.2
Authorization to submit digitally scanned image
19.03The submission of a digitally scanned image of an instrument by a subscriber or land surveyor to a registry office is a certification by the subscriber or land surveyor that he or she is authorized to submit the digitally scanned image of the instrument for registration or filing.
2017, c.60, s.2
Effect of digitally scanned image of an instrument
19.04Despite any provision in any other Act or any rule of law, a digitally scanned image of an instrument that is received at a registry office is not required to be in writing or to be signed by the parties and has the same effect for all purposes as an instrument that is in writing and is signed by the parties.
2017, c.60, s.2
Subscriber or land surveyor agreement
19.05(1)A member of the Law Society of New Brunswick or a land surveyor who wishes to submit a digitally scanned image of an instrument to a registry office shall enter into an agreement with Service New Brunswick for the purposes of
(a) obtaining access to the technology put in place by Service New Brunswick for the authentication and submission of digitally scanned images of instruments and establishing the circumstances in which access privileges may be lost,
(b) providing for the duties, obligations and liabilities of the subscriber or land surveyor relating to the authentication and submission of digitally scanned images of instruments, and
(c) establishing an account with Service New Brunswick for electronic funds transfers.
19.05(2)Service New Brunswick shall not enter into an agreement under subsection (1) with a member of the Law Society of New Brunswick unless there is in place an agreement between the Law Society of New Brunswick and Service New Brunswick by which the Law Society of New Brunswick assumes responsibility
(a) for certifying the eligibility of the member to practise law in the Province, and
(b) if the eligibility of the member is lost,
(i) for promptly revoking access to the technology put in place by Service New Brunswick, or
(ii) for promptly giving notice to Service New Brunswick, in the manner determined under the agreement, in which case Service New Brunswick will revoke access to the technology put in place by Service New Brunswick.
19.05(3)Service New Brunswick shall not enter into an agreement under subsection (1) with a land surveyor unless there is in place an agreement between the Association of New Brunswick Land Surveyors and Service New Brunswick by which the Association of New Brunswick Land Surveyors assumes responsibility
(a) for certifying the eligibility of the land surveyor to practise land surveying in the Province, and
(b) if the eligibility of the land surveyor is lost,
(i) for promptly revoking access to the technology put in place by Service New Brunswick, or
(ii) for promptly giving notice to Service New Brunswick, in the manner determined under the agreement, in which case Service New Brunswick will revoke access to the technology put in place by Service New Brunswick.
2017, c.60, s.2
Effect of registration in the Personal Property Registry
19.1(1)Subject to section 49 of the Personal Property Security Act, no person contracting or dealing with or taking or proposing to take a transfer of or an interest in registered land from the owner is affected by a registration in the Personal Property Registry whether or not that person has notice or knowledge of the registration.
19.1(2)The fact that a person referred to in subsection (1) has knowledge of a registration in the Personal Property Registry, or that that person could have obtained knowledge by searching the Personal Property Registry, is not evidence of fraud for the purposes of subsection 19(1).
1993, c.36, s.11
Contents of conveyance respecting intestacy
20Every instrument executed by a person who has acquired an interest in the land thereby affected by devise or operation of law upon intestacy shall state the name of the person from whom the interest has devolved, together with the date and place of decease of such person, if known.
1959, c.66, s.2
Offences and penalty respecting false affidavit
21A person who, being required to make an affidavit under section 19, knowingly states anything false in the affidavit commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1969, c.68, s.6; 1990, c.61, s.122
Enlargement of time for registration of will
22Where the person interested in lands devised by a will, by reason of the contesting of such will or other cause, is unable without his fault to exhibit the same for registry within the time before limited, and a memorial of such contest or cause is entered in the registry office within the space of six months after the decease of the testator if he died within the Province, or within the space of one year after his decease if he died without the Province, the registry of such will within the space of six months after obtaining the will or probate thereof or the removal of such cause shall be a sufficient registry within the meaning of this Act; but if there is any concealment or suppression of a will, no purchaser for a valuable consideration shall be disturbed or defeated by the will, unless it is registered within three years after the testator’s death.
R.S., c.195, s.28
Registration of will in extra-provincial court, registration of notarial will
23(1)Subject to subsection (2), where a will affecting land in this Province, or any interest therein, is deposited in any court out of this Province, a certified copy thereof, the probate of such will, or any letters of administration with the will annexed, purporting to be under the hand of the officer having the custody of the records of the court in which the original will was deposited and of the seal of the said court, or an exemplification of such probate or letters of administration with the will annexed, purporting to be certified under the hand of the officer having the custody of the records of the court in which the original will was deposited and of the seal of such court, and the seal affixed to such certified copy, probate or exemplification thereof, or to such letters of administration with the will annexed, being proven before any of the persons authorized by the laws of this Province to take acknowledgement or proof of deeds affecting land in this Province, and authenticated in a like manner, shall be deemed to be evidence of the said original will being deposited in such court; and such certified copy, probate or letters of administration with the will annexed or exemplification thereof, under the hand and seal aforesaid and proved as aforesaid, may be registered in the registry office for any county of this Province as other conveyances are registered; and the same when so registered, shall have the same effect as if the original will had been registered therein.
23(2)Where a will referred to in subsection (1) has not been granted probate there shall be registered with the certified copy thereof an affidavit sworn by one of the witnesses to the will, either within or without the Province, proving the due execution thereof by the testator, together with an affidavit of the death of the testator.
23(3)Where a will is a notarial will under the laws of the Province of Quebec or of South Africa, a notarial certified copy thereof with an affidavit of the officer, with whom such will is deposited, that such will is a valid and subsisting will under the laws of the province or country where the same was executed, sworn to before any of the persons authorized to take proof of the execution of instruments out of the Province, may, if it is accompanied by an affidavit of the death of the testator, be registered in the registry office for any county of the Province as other conveyances are registered, and the same when so registered shall have the same effect as if the original will had been registered therein.
R.S., c.195, s.29; 1971, c.61, s.1; 1986, c.69, s.4
Registration of will probated in British Dominion
24Where a will affecting land in this Province, or any interest therein, has been proved and registered, and probate of such will, or letters of administration with the will annexed, has been granted in a Supreme or other Court in any of His Majesty’s dominions, colonies, provinces or dependencies out of this Province, a copy of such will purporting to be under the hand of a Master in Chancery, or other officer of the court in which such will was proved and registered, and purporting to be authenticated by the seal of the court in which such will was proved and registered, together with a certificate purporting to be signed by the Chief Justice or other judge of the Court in which such will was proved and registered, that such Master in Chancery or other officer is a Master in Chancery or other officer, as the case may be, in such court, shall be deemed to be evidence of the original will having been proved and registered in such court, and of the probate thereof, or of letters of administration thereof with the will annexed having been granted, and a copy of the will under the hand and seal aforesaid, certified as aforesaid, may be registered in the registry office for any county of the Province as other conveyances are registered, and the same when so registered, shall have the same effect as if the original will had been registered therein, and a certified copy thereof shall be admissible in evidence in the same manner as a certified copy of the original will, if registered, would be; and for the purposes of this Act it is immaterial whether the papers authenticated as hereby required were so authenticated before or after the passing of this Act, and any copy of a will authenticated as required by this Act, and heretofore registered in the registry office for any county of this Province, shall be deemed and taken to have been duly registered.
R.S., c.195, s.30; 1969, c.68, s.7; 2023, c.17, s.239
Registration of unprobated will
25(1)Subject to subsections 23(1) and (2), a will, probate of which has not been granted, may be registered by the deposit of the original will, with an affidavit sworn to by one of the witnesses to the will, either within or without the Province, proving the due execution thereof by the testator, together with an affidavit of the death of the testator or, when it has been deposited in one registry office, by the deposit with the registrar of a copy thereof and of the affidavits, certified by the registrar in whose office the original will is deposited.
25(2)If it is desired to probate a will after it has been registered under the provisions of this section, the registrar of deeds, upon service on him of an order of a judge of probate having jurisdiction over the estate of the testator directing him to do so, shall deliver the original will to the judge of probate for the purpose of having the same probated, and in such event the registrar shall first substitute on the files in his office an examined copy of said will, certified as such by said registrar, and he shall retain and keep on file the examined copy of the will, together with the affidavits filed under this section, and the order of the judge of probate for the delivery of the original will for the purpose of having it probated.
25(3)Repealed: 1983, c.78, s.2
R.S., c.195, s.31; 1971, c.61, s.2; 1983, c.78, s.2
Registration of probated will, registration of sealed will
26(1)Where a will is duly proved in The Probate Court of New Brunswick, an official copy of the will issued by a clerk of the Court, or the original letters probate or an official certificate of the grant of letters may be registered in the registry office for any county without further proof, and such registry shall have the same effect as if the original will had been registered there.
26(2)Where probate, letters of administration or other legal document purporting to be of the same nature, granted by a court of competent jurisdiction in any province or territory of Canada or in the United Kingdom or any country of the Commonwealth or in any state or territory of the United States of America is sealed with the seal of The Probate Court of New Brunswick under the provisions of section 73 of the Probate Court Act, the same may be registered in the registry office for any county without further proof, and such registry shall have the same effect as if such probate, letters of administration or other legal document had been originally granted by The Probate Court of New Brunswick and duly registered in the office of such registrar.
R.S., c.195, s.32; 1986, c.69, s.5; 1987, c.6, s.98
Registration of foreign decree
27The authenticated or certified copy of any decree, decretal or other order relating to or affecting any land in this Province made by a Court of Equity or Chancery or other Court of Record out of this Province, under any Act of the Imperial or Canadian Parliament or made by any Court within this Province under any Act of the Legislature, may be registered in the registry office for the county in which such lands are situate if the authenticated or certified copy of such decree, decretal or other order purports to be under the seal of the Court making the same or, if the Court has no seal, under the hand of the judge of such Court who certifies on the said copy that the Court whereof he is judge has no seal; and such seal, or the signature of such judge, shall be proved by affidavit or affirmation before an official or person authorized by section 47 to take proof or acknowledgements of the execution of a conveyance out of the Province.
R.S., c.195, s.33
Registration of corporate documents
28A copy of letters patent, supplementary letters patent or other document of incorporation, amalgamation or change of name, certified as a true copy by the person having custody of the records of the agency issuing the original thereof, may be registered in the registry office for any county, and when registered shall have the same effect, as if the original document had been registered therein.
1972, c.61, s.6; 1983, c.78, s.3
Registration of notice of sale under mortgage
29Where any mortgage on real property contains a power of sale upon default in payment of the money secured by the said mortgage, or upon default of the performance of the conditions therein contained, or upon default in doing or performing the acts or things to secure the doing or performing of which the said mortgage is given, and it is provided in and by such mortgage that notice of the time and place of sale shall be given or published prior to such sale, or where notice of sale under a mortgage is given as authorized by the Property Act, any such notice given as provided in and by any such mortgage, or under the Property Act, may, subject to section 30, be registered at full length in the registry office for the county in which the property covered by the mortgage is situate.
R.S., c.195, s.34
Proof of signature and notice
30(1)Before any such notice shall be registered, the signature of the person authorized under the provisions of the mortgage, or by the Property Act, to give or publish such notice shall be acknowledged or proved before a person authorized to take proofs or acknowledgments of deeds under this Act; and the fact that such notice was given or published in accordance with the provisions of the mortgage, or of the Property Act, shall be proved by the oath of a competent witness or witnesses before some one of the officials aforesaid.
30(2)Where the notice is given by an agent acting under power of attorney, the power of attorney also must be recorded.
30(3)Where the execution of a notice is by a corporation, proof of the corporate seal and that the same was affixed by an officer of the corporation thereunto authorized by the board of directors or other lawful authority, and of the signature of such officer, shall in all cases be sufficient.
30(4)Proof of all the matters provided for in this section may be made before the same official, or proof of the signature of the person signing the notice may be made before one official, and proof of the giving or publishing of the notice may be made before another.
R.S., c.195, s.35
Duty of registrar respecting notice of sale
31(1)When a notice provided for in section 29 is produced at the registry office, duly proved as herein provided, with a certificate of such proof by the official who has taken the same endorsed thereon, or attached thereto, the registrar shall deal therewith in all respects as provided in section 51, and the certificate that the registrar shall put on any such notice and proof, as provided for in said section 51, shall be taken and allowed as evidence of the registry of such notice and proof thereon in all courts.
31(2)The provisions of section 85 of the Evidence Act are applicable to any notice or proof thereof, registered under the provisions of sections 29 and 30.
R.S., c.195, s.36
Filing of notice of sale
32Notwithstanding the provisions contained in sections 29, 30 and 31, the registrar, at the request of the person offering such notice of sale, affidavits and other proof for registration, shall file the same in his office instead of registering the same at full length, and on such filing enter in the index the name of the person giving the notice, and the names of the persons to whom such notice was given, and enter a certificate upon such notice of the day, hour and minute of filing, and duly enter the same in the order of its receipt with other instruments for registry.
R.S., c.195, s.37
Registering lien or certificate under the Construction Remedies Act
2020 c.29, s.115
33(1)Despite the provisions of this Act, a claim for lien or any certificate under the Construction Remedies Act is to be registered in the manner provided in that Act.
33(2)A claim for lien or certificate registered under subsection (1) has the same effect as if registered under this Act.
R.S., c.195, s.38; 1966, c.93, s.5; 2020, c.29, s.115, 2020 c.29, s.115
Effect of registration of conveyance
34Every conveyance, duly acknowledged or proved and registered according to the law in force at the time of the registration, shall be effectual for the transferring of the land therein described and the possession thereof, according to the intent of such conveyance without livery of seisin or any other act.
R.S., c.195, s.39
Registration of copy
35Where an instrument has been duly registered under the provisions of this Act, a copy thereof certified by the registrar according to this Act may be registered in any registry office upon deposit thereof without production of the original instrument, and without proof other than the production of such copy, and when so registered shall have the same effect as if the original had been registered in that office; if the acknowledgment or proof of execution of the original instrument was taken or made before a person having authority to take an acknowledgment or proof for registration in the registry office in which it is proposed to register such copy.
R.S., c.195, s.41
Affidavit of execution or acknowledgment
36(1)No party to an instrument shall
(a) witness the execution of the instrument by another party, or
(b) take an affidavit or acknowledgment of the execution of the instrument.
36(2)No affidavit or proof of the execution of an instrument shall be taken from a witness unless the witness has subscribed his signature to the instrument by hand as a witness to its due execution.
36(3)This section only applies in respect of instruments executed after it comes into force.
R.S., c.195, s.42; 1986, c.69, s.6
Proof of execution
37When proof is made by a subscribing witness to the execution of any instrument, such proof may be made either by oath or affidavit, or by affirmation or declaration when by the law of the country where such proof is made an affirmation or declaration is allowed instead of an oath or affidavit, and the registrar may receive such instrument so proved without any other or further proof of the due execution, if it be stated in such proof that, by the law of the country where the same is made, proof by affirmation or declaration is allowed instead of by oath or affidavit.
R.S., c.195, s.43
Sufficiency of name in affidavit
38Any instrument may be registered under this Act notwithstanding the Christian names of the subscribing witness making the affidavit are only set forth in the affidavit by initial letters or by abbreviation and not in full.
R.S., c.195, s.44
Error or omission in affidavit of execution
39No registration heretofore or hereafter made of any instrument shall be deemed or adjudged void or defective by reason of the name and place of residence of the subscribing witness thereto not being set forth in full, or being improperly or insufficiently given or described in the affidavit, affirmation or declaration mentioned in and required by this Act, nor by reason of the addition, occupation or calling of the witness being omitted from such affidavit, affirmation or declaration, nor by reason of any clerical error or omission of a merely formal or technical character therein, but nevertheless it shall continue to be the duty of every registrar not to register any instrument except on such proof as required by this Act, but this section does not apply to any instrument heretofore adjudicated upon in that behalf by any Court of competent jurisdiction.
R.S., c.195, s.45
Compellability of witness
40Every subscribing witness, except such as may be an incompetent witness by this Act, shall be compellable, when necessary by order of a judge of The Court of King’s Bench of New Brunswick, to make affidavit or proof of the execution of any instrument for the purpose of registration under this Act.
R.S., c.195, s.46; 1979, c.41, s.109; 2023, c.17, s.239
Certificate of proof of instrument
41Where the witness to an instrument is dead, or has become insane, idiotic, imbecile or of unsound mind or understanding, and whether so found by inquisition or not, or where it is proved to the satisfaction of a judge of The Court of King’s Bench of New Brunswick that a witness to any instrument is without the Province and the place of abode or residence of such witness without the Province is unknown, any person who is or claims to be interested in the registration of the instrument may make proof viva voce or by affidavit, as the judge may require, before a judge of The Court of King’s Bench of New Brunswick, or a judge of any superior court of record in any other province of Canada, or any portion of the British Commonwealth of Nations, of the execution of such instrument, and upon a certificate endorsed upon such instrument and signed by such judge that the judge is satisfied, by the proof adduced, of the due execution of the instrument, the registrar shall register such instrument and certificate, if the certificate is sealed with the seal of the court to which the judge belongs.
R.S., c.195, s.47; 1979, c.41, s.109; 2023, c.17, s.239
Proof of signature or seal
42It is not necessary for the purpose of registration that there be any proof verifying the seal affixed to any acknowledgment, affidavit or other proof except where it may be otherwise required by this Act, nor is it necessary, except as otherwise required by this Act, to verify the signature or office of any person before whom such acknowledgment or affidavit is made, if the same purports to be sealed and certified by the proper officer as required.
R.S., c.195, s.48
Seal of court of record, seal of corporation
43(1)The seal of any court of record affixed to an instrument is of itself sufficient evidence of the due execution of the instrument by the court or by a judge, registrar or clerk of the court for all purposes respecting the registration thereof, and no further evidence or verification of such execution or of the authority or signature of such officer, is required for the purpose of registration.
43(2)The seal of any corporation affixed to any instrument, with the signature of the secretary or other authorized officer thereof, accompanied by an affidavit of the secretary or other authorized officer that such seal is the seal of the corporation and was so affixed by order of the corporation or board of directors thereof, or by other sufficient and lawful authority, and that such signature is the signature of such secretary or other authorized officer, is sufficient evidence of the due execution of such instrument by the corporation for all purposes respecting the registration thereof.
43(3)Nothing in this section affects a conveyance by a sheriff under the Enforcement of Money Judgments Act.
R.S., c.195, s.49; 2013, c.32, s.35
Execution of instruments
44(1)Before the registry of any instrument, the execution of the same shall either be acknowledged by the person executing the same, or be proved by the oath of a subscribing witness in the manner following, except as herein otherwise provided, that is to say:
(a) if the execution of an instrument is acknowledged in this Province, the acknowledgment may be taken before and by:
(i) a judge of The Court of King’s Bench of New Brunswick;
(ii) Repealed: 1979, c.41, s.109
(iii) a member or ex-member of the Executive Council;
(iv) a registrar or deputy registrar of deeds, certified under the official seal of said registrar;
(v) a notary public under the Notaries Public Act and residing in the Province, certified under his hand and official seal;
(vi) Repealed: 1984, c.27, s.14
(b) if the execution of an instrument is acknowledged out of the Province, the acknowledgment may be taken before and by:
(i) a notary public, certified under his hand and official seal;
(ii) the mayor or chief magistrate of any city, borough, municipality or town corporate, certified under the common or corporate seal of such city, borough, municipality, or town corporate, or the seal of such mayor or chief magistrate;
(iii) a judge of the Supreme Court of Judicature of Great Britain or Northern Ireland;
(iv) a Canadian Minister, Ambassador, Consul, Vice-Consul, Consular Agent;
(v) a Canadian Government Trade Commissioner or Assistant Canadian Government Trade Commissioner, exercising his functions outside of Canada;
(vi) a judge or Lord of Session in Scotland;
(vii) a judge of a court of supreme jurisdiction in any British dominion, colony, province or dependency;
(viii) a British Minister, Ambassador, Charge d’Affaires, Consul, Vice-Consul, Acting Consul, Pro-Consul, or Consular Agent of His Majesty, exercising functions in any foreign place;
(ix) the Governor of any State;
the handwriting and certificate of any such Judge or Lord of Session being authenticated under the seal of a notary public, and the taking of any such acknowledgment before such Minister, Ambassador, Consul, Vice-Consul, Acting Consul, Pro-Consul, Consular Agent or Governor being certified respectively under his hand and seal of office;
(c) if the execution of an instrument is proved in the Province such proof may be taken before and by any of the persons enumerated in paragraph (a) or before and by a Commissioner for taking affidavits to be read in the Supreme Court;
(d) if the execution of an instrument is proved out of the Province such proof may be taken before and by:
(i) a commissioner for taking affidavits and administering oaths under the Commissioners for taking Affidavits Act including the officials thereby authorized to take affidavits;
(ii) a notary public, certified under his hand and official seal;
(iii) the mayor or chief magistrate of any city, borough, municipality or town corporate, under the seal of such mayor or chief magistrate;
(iv) a judge of the Supreme Court of Judicature of Great Britain or of Northern Ireland;
(v) a judge or Lord of Session in Scotland;
(vi) a judge of a court of supreme jurisdiction in any British dominion, colony, province or dependency;
(vii) the Governor of any State;
the handwriting of any such judge or Lord of Session being authenticated under the seal of a notary public.
44(2)The fee for taking and certifying acknowledgments or proof, as the case may be, within the Province is that prescribed by regulation.
R.S., c.195, s.50; 1979, c.41, s.109; 1982, c.57, s.1; 1983, c.78, s.4; 1984, c.27, s.14; 2023, c.17, s.239
Registrar and deputy registrar ex officio commissioner of oaths
45Every registrar and deputy registrar is ex officio a Commissioner for Taking Affidavits to be read in The Court of King’s Bench of New Brunswick.
1967, c.62, s.1; 1979, c.41, s.109; 2023, c.17, s.239
Certificate of development officer
46(1)No instrument that transfers an interest in land in an area to which a subdivision by-law or regulation applies shall be registered until it has been certified by a development officer pursuant to section 77 of the Community Planning Act.
46(2)A plan annexed to an instrument to which subsection (1) applies shall not be registered or filed until certified by the development officer who certified the instrument.
46(3)Subsection (1) does not apply to the registration of
(a) a lease or other instrument that transfers only an interest in part of a building or structure;
(b) an instrument that transfers an interest in a parcel of land appearing on a filed subdivision plan, or a remnant of land comprised in such a plan, where the instrument refers to the plan by its name and registration data and, in the case of a parcel appearing on a filed subdivision plan, identifies the parcel by its identifying numbers or letters on the plan;
(b.1) an instrument accompanied by an affidavit of a barrister and solicitor of The Court of King’s Bench of New Brunswick, in the form prescribed by regulation, deposing that the instrument does not subdivide land within the meaning of the Community Planning Act;
(c) an instrument that contains a statement that the land transferred thereby is the same land as was transferred previously by a registered instrument bearing a certificate mentioned in subsection (1), and which statement refers to such previous instrument by its registration data;
(d) an agreement for the sale and purchase of land;
(e) an assignment of mortgage or certificate of discharge of mortgage wherein the person assigning or discharging the mortgage declares that he is assigning or discharging, as the case may be, the whole of his interest under the mortgage;
(f) a judgment, decree or memorial of judgment or decree of any court; or
(g) a conveyance pursuant to an order of a court or judge.
46(4)Where a registrar is uncertain whether an instrument that has not been certified as mentioned in subsection (1) is subject to that subsection, he shall not register it until it has been so certified.
R.S., c.195, s.51; 1956, c.56, s.1; 1961-62, c.67, s.11; 1967, c.62, s.2; 1972, c.61, s.7; 1975, c.53, s.2; 1979, c.62, s.1; 1980, c.32, s.35; 1982, c.3, s.67; 2013, c.32, s.35; 2017, c.20, s.163; 2023, c.17, s.239
Persons before whom proof of execution made
47Any affidavit, oath, declaration or affirmation made without the Province, proving the execution of any power of attorney, will or probate, copy or memorial thereof, for the purpose of registry in this Province, may be made before any person authorized by section 44 to take proof of conveyances without the Province.
R.S., c.195, s.52
Registration of Crown grant
48Upon payment of the fees as provided by law, grants from the Crown as representing the Province of New Brunswick, and grants from the Crown as representing Canada may be registered without proof of the seal of the Province or of Canada or the signature, or official position, or authority of the persons purporting to act on behalf of the Crown in the matter of the execution of such grants.
R.S., c.195, s.53
Certificate of cancellation of Crown grant
49(1)Where a grant of land from the Crown is cancelled by or under authority of an Act of the Legislature, the Minister of Natural Resources and Energy Development shall make a record of the cancellation of the grant on the records in his office relating to the said grant, and, unless otherwise provided by an Act of the Legislature, the cancellation of the grant shall have no effect until a certificate, under the hand of the Minister of Natural Resources and Energy Development, stating that such grant has been cancelled, is registered in the registry office for the county in which such land is situate.
49(2)Such a certificate purporting to be signed by the Minister of Natural Resources and Energy Development may be registered without proof of his signature or official position.
R.S., c.195, s.54; 1960, c.62, s.2; 1966, c.53, s.2; 1986, c.8, s.113; 2004, c.20, s.57; 2016, c.37, s.168; 2019, c.29, s.208
Registration of original instrument, annexed plan, instrument conveying parcel
50(1)Except as otherwise provided by this Act or any other law of the Province, all instruments that may be registered under this Act shall be registered upon the production to the registrar of the original instrument, when but one is executed; or, when such instrument is in two or more original parts, upon the production of one such part.
50(2)Where an instrument to be registered is in two or more original parts, and two or more of such original parts are produced together to the registrar at the time of registration, he shall register one of such parts and endorse thereon the certificate and endorsement by this Act provided to be endorsed upon the registry of such instrument, and he shall also, at the request of the person registering, and on being paid the fee for such certificate, make a like endorsement and certificate upon the other original part so presented; and any original so certified and endorsed may be received in evidence in any court in like manner, and with the same effect, as if it were the only original presented for registry and registered.
50(2.1)Repealed: 2008, c.20, s.6
50(3)Except as otherwise specially provided by this Act, every instrument shall be registered at full length, including every certificate of acknowledgment, or proof, and affidavit, required by this Act for the registry of the same.
50(3.1)If a person presents for registration a judgment or decree that affects an interest in or title to land or requires the payment of money, but also includes provisions that do not do so, the registrar may refuse to register the judgment or decree and require the person to present an abbreviated judgment or decree that
(a) omits the provisions that do not affect an interest in or title to land or require the payment of money, and
(b) is certified under the seal of the court that issued the judgment or decree.
50(4)Subject to subsection (6), no instrument tendered the registrar for registration, to which there is annexed any plan, shall be received by the registrar for registration unless there is delivered to the registrar to be filed by him, a copy of any and all plans annexed to such instrument, each of which copies shall be numbered in the order in which it is received, and a corresponding number marked Plan No. . . . . . . . . . . . . . . . .entered by the registrar on the page on which is registered the instrument, in which reference to any such plan is made.
50(5)Subject to subsection (8), the registrar shall file any plan for the subdivision of land to which a subdivision by-law or regulation applies, whether annexed to an instrument or not, if it bears the stamp or certificate or approval of
(a) a development officer under the Community Planning Act, and
(b) the Director of Surveys if the land is in an integrated survey area constituted under the Surveys Act.
50(6)Where the reference in a deed is to a plan already on file in the registry office, it is not necessary to deliver to the registrar another copy of said plan.
50(7)Where a copy of an annexed plan is required for filing, it shall be furnished by the grantor on delivery of the instrument to the grantee.
50(8)Where a plan for the subdivision of land indicates that a parcel of land was created for the purpose of being added to an adjoining parcel, the registrar shall not accept the plan for filing unless the plan is accompanied by an instrument accepted by the registrar for registration which conveys the parcel so created to the owner of the adjoining parcel as shown on the plan.
R.S., c.195, s.55; 1961-62, c.67, s.12; 1972, c.61, s.8; 1983, c.78, s.5; 1984, c.31, s.1; 2008, c.20, s.6; 2013, c.32, s.35
Certificate of registrar
51(1)The registrar shall, upon production to him of the original, or the requisite exemplification or sworn copy of instrument, endorse thereon, in the form prescribed by regulation, the registry number of such instrument, according to the order in which it was received, and the year, month, day, hour and minute in which he received the same, and when such certificate is so endorsed by the registrar on the original or any duplicate original, or any such exemplification or copy, the instrument bearing such certificate shall be deemed to be registered as of the time mentioned in such certificate, and such certificate shall be taken and allowed in all courts as prima facie evidence of such registry, and that such registry was made at the time therein stated, and of the due execution of the instrument; and it shall not be necessary to give any proof of the signature of the registrar, or deputy registrar, signing the same, or that he holds such office.
51(2)Repealed: 1982, c.57, s.2
R.S., c.195, s.56; 1982, c.57, s.2
Repealed
52Repealed: 2008, c.20, s.7
1963 (2nd Sess.), c.35, s.3; 1986, c.69, s.7, 8; 2008, c.20, s.7
Court order respecting production of book or record
53The registrar shall not be obliged to attend any court with any book or record in the registrar’s custody unless the judge presiding, or appointed to preside, shall for special reasons appearing to him or her sufficient order the production of the book or record, nor unless a copy of such order is served with the summons to witness.
R.S., c.195, s.57; 1986, c.4, s.47; 2008, c.20, s.8
Certificate of satisfaction of mortgage
54A registered mortgage may be discharged by a certificate of the satisfaction thereof signed by the mortgagee, his representatives or assigns, and acknowledged or proved in the same manner as an instrument, and registered with the acknowledgment or proof in the proper registry book in the office where the mortgage is registered.
R.S., c.195, s.58; 2008, c.20, s.9
Certificate of partial release of mortgage
55In case the mortgagee or any assignee of the mortgagee desires to release or discharge part only of the lands contained in the mortgage, or a part only of the estate or interest mortgaged, or to release or discharge only part of the money specified in the mortgage, he may do so by a deed or certificate duly acknowledged or proved in the same manner as an instrument may be acknowledged or proved under this Act, and such deed or certificate shall contain as precise a description of the portion of lands or of the estate or interest so released or discharged as would be necessary to be contained in an instrument of conveyance for registration under this Act, and also a precise statement of the amount or particular sum or sums so released or discharged; and as regards the portion of land or estate or interest so released, said certificate when registered shall have the same effect as a release has under section 54.
R.S., c.195, s.59; 1955, c.70, s.1
Conveyance by married woman
56Every conveyance of property of a married woman, acquired by her before her marriage, shall state the name under which such property was so acquired by her.
R.S., c.195, s.60; 1960, c.62, s.3
Certificate of satisfaction of judgment
57A registered judgment or certificate or memorial of judgment may be discharged or partially discharged by the person entitled to discharge the same, by certificate executed and registered in the same manner as a certificate of discharge of mortgage, and such certificate, when registered, shall have the effect of releasing the land charged by the registration of the judgment, certificate or memorial, or such portion thereof as may be specially mentioned in such discharge.
R.S., c.195, s.61; 2008, c.20, s.10; 2013, c.32, s.35
Registration of Order for Partition or Sale
58A copy of an Order for Partition or Sale endorsed with the certificate of the clerk in accordance with the Rules of Court under the Judicature Act may be registered in the registry office for the county in which the lands are situate and shall have the same effect as any registered conveyance within the provisions of this Act.
R.S., c.195, s.62; 1979, c.41, s.109; 1980, c.32, s.35; 1983, c.78, s.6
Registration of certificate of pending litigation
59The instituting of an action or the taking of a proceeding, in which action or proceeding any title to, or interest in, land is brought in question, shall not be deemed notice of the action or proceeding to any person not being a party thereto until a certificate of pending litigation prescribed by the Rules of Court under the Judicature Act has been signed by the clerk of The Court of King’s Bench of New Brunswick in the judicial district wherein the action was instituted or the proceeding taken, and has been registered in the registry office for the county in which the land is situate.
R.S., c.195, s.63; 1979, c.41, s.109; 1980, c.32, s.35; 1983, c.78, s.7; 2023, c.17, s.239
Registration of power of attorney, conveyance under power of attorney
60(1)Every power of attorney or other instrument whereby authority is given to convey or affect any lands may, if duly acknowledged or proved, be registered in the same manner as any instrument of conveyance, and the registry of any instrument of conveyance under such power or other instrument shall not be valid unless the power or some instrument confirming it shall be duly registered in the registry office of the county where the lands to which the same relates are situate.
60(2)The execution of any instrument by an attorney named in such power of attorney shall be valid and effectual, and may be registered upon the acknowledgment of such attorney before any of the persons authorized by this Act to take acknowledgments, or upon the execution thereof by such attorney being proved before any of the officers authorized by this Act to take acknowledgments or proof of instruments for registration.
R.S., c.195, s.64
Summons to witness
61A summons to witness may be issued from The Court of King’s Bench of New Brunswick, or any other court having jurisdiction, in the form as near as may be to that now in use for a cause in Court, to compel the attendance of any witness, or the production of any conveyance or instrument for the proof thereof, that the same may be registered agreeably to the provisions of this Act; disobedience to such summons may be punished by such court in the usual manner.
R.S., c.195, s.65; 1979, c.41, s.109; 1986, c.4, s.47; 2023, c.17, s.239
Orders of Provincial or Federal Cabinet
62Orders of the Governor General in Council or the Lieutenant-Governor in Council may be registered in the registry office for the county in which any land to which the Order in Council relates is situate, upon the deposit of a copy of the order certified by the clerk or assistant or acting clerk of the Council.
R.S., c.195, s.66; 1980, c.47, s.3
Registration of bond to Crown
63No bond to the Crown binds the land of any person executing the same unless and until it is recorded in the registry office for the county wherein the land is situate.
R.S., c.195, s.67; 2023, c.17, s.239
Registration as notice
64The registration of any instrument under this Act constitutes notice of the instrument to all persons claiming any interest in the lands subsequent to such registration, notwithstanding any defect in the proof for registration, but nevertheless it shall continue to be the duty of every registrar not to register any instrument except on such proof as is required by this Act.
R.S., c.195, s.68; 1982, c.3, s.67
Payment of fees
65The registrar shall not be compelled to register any instrument unless the fees authorized by this Act are first paid thereon.
R.S., c.195, s.69
Payment of fees of a digitally scanned image of an instrument
65.1 Payment of any fees or taxes in respect of the registration of a digitally scanned image of an instrument shall be made by electronic means in such manner and at such time as is established by the Chief Registrar of Deeds.
2017, c.60, s.2
Offences and penalty respecting taking of fees by employees
66(1)Repealed: 1982, c.57, s.3
66(2)No registrar, deputy registrar, or clerk in the registry office, is entitled to retain for his own use any fee received for work done or information furnished in connection with the registry office.
66(3)The penalty for any violation of this section shall be dismissal from office.
R.S., c.195, s.70; 1961-62, c.67, s.13; O.C.67-164; 1982, c.57, s.3
Liability of registrar, deputy registrar and clerk
66.1No action lies against a registrar of deeds, a deputy registrar of deeds or a clerk in a registry office with respect to any act or omission by that person if he acted in good faith in pursuing his duties under this or any other Act or law.
1980, c.47, s.4
Proceedings against the Crown
66.2Notwithstanding section 66.1 of this Act and section 4 of the Proceedings Against the Crown Act, proceedings lie against the Crown in respect of an act or omission of a registrar of deeds, a deputy registrar of deeds or a clerk in a registry office.
1984, c.31, s.2
Regulations and amendments respecting Schedule of Fees
67(1)The Lieutenant-Governor in Council may make regulations prescribing a Schedule of Fees under this Act.
67(2)The fees prescribed in any other Act for purposes within the scope of this Act may be added to, varied or amended by order of the Lieutenant-Governor in Council.
R.S., c.195, s.71; 1961-62, c.67, s.15; 1973, c.74, s.68
Posting of Schedule of Fees
68Every registrar shall keep posted up in some conspicuous place in his office a schedule of fees and charges authorized under this Act.
R.S., c.195, s.74; 1966, c.93, s.7
Statement of fees
69Every registrar shall, upon request of the person for whom service is performed, furnish a statement in detail of the fees charged by him in respect of any matter for which fees are payable under this Act.
R.S., c.195, s.75
Successor of registrar
70If the registrar of any county dies or vacates the office without having made any certificate required by law, either in the registry book for the county in which the deed or other instrument is registered, or upon the deed or instrument received by law for registration during his tenure of office, the incoming registrar shall make the necessary certificates in respect of such documents in the name of the registrar who preceded him in the office, and adding to the ex-registrar’s name that the same is signed by him, the incoming registrar, under the authority of this Act.
R.S., c.195, s.76
Regulations
71(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the books and records to be kept in the registry office;
(b) respecting the reports and returns to be made by the registrar, and to whom they shall be made, and the time at which and the forms in which they shall be made;
(b.1) respecting information which shall be included in an affidavit of transfer referred to in subsection 19(6);
(b.2) providing for the method of calculating and ascertaining the true and actual consideration referred to in subsection 19(6);
(b.3) prescribing instruments that are to be submitted in a format other than as a digitally scanned image and providing for restrictions or conditions that apply in respect of the instruments prescribed;
(b.4) respecting the possession and retention of instruments and other documents in paper format by a subscriber or former subscriber, including the minimum period of time those instruments and documents are to be retained, and the inspection and copying of such instruments and documents by the Chief Registrar of Deeds;
(b.5) respecting the submission of a digitally scanned image of an instrument;
(b.6) respecting the registration or filing of a digitally scanned image of an instrument;
(b.7) prescribing information that is to accompany the submission of a digitally scanned image of an instrument;
(c) respecting the amount and form of surety to be furnished under this Act;
(d) respecting the books of account to be kept by the registrar;
(e) respecting the disposition to be made by the registrar of the sums coming into his hands by virtue of his office;
(f) fixing the location of registry offices;
(g) combining registry offices and providing the manner in which registry offices are to be combined;
(h) prescribing the days and hours during which Registry Offices shall be open to the public;
(i) prescribing the hours during which instruments shall be received for filing or registration;
(j) prescribing forms required under this Act; and
(k) generally for the better carrying out of this Act.
71(2)The Lieutenant-Governor in Council may make regulations respecting the form of any instrument which may be registered in a registry office, the size, type and colour of lettering used in any provision of the instrument and the colouring of the instrument and thereafter an instrument which does not comply with such regulations shall not be accepted for registration in a registry office.
71(3)Notwithstanding subsection (2), a registrar may accept for registration an instrument which does not comply with the regulations where he is of the opinion that the instrument is suitable for registration in a form other than that prescribed by regulation.
1961-62, c.67, s.17; 1969, c.68, s.9; 1972, c.61, s.9; 1973, c.74, s.68; 1983, c.R-2.1, s.10; 1983, c.78, s.8; 1985, c.4, s.58; 2008, c.20, s.11; 2017, c.60, s.2
N.B. This Act is consolidated to June 16, 2023.