Acts and Regulations

2014, c.26 - Legal Aid Act

Full text
Memorial of debts
37(1)The Executive Director may issue a memorial of a debt arising under subsection 27(5), 31(2) or 36(9) containing the amount of the debt and verified by affidavit.
37(2)The memorial of debt, accompanied by the affidavit, may be registered in accordance with the Registry Act or the Land Titles Act.
37(3)A copy of a registered memorial certified by a registrar of deeds or a registrar of land titles, as the case may be, shall be admissible as evidence of the registration in all proceedings.
37(4)A memorial of a debt referred to in subsection (1) registered in the registry office of the county in which the lands are situated, or the land titles office of the district in which the lands are situated, as the case may be, binds the lands of the person who owes an amount to the Commission in accordance with subsection 27(5), 31(2) or 36(9).
37(5)A memorial registered as described in subsection (4) binds the lands of the person who owes an amount to the Commission in accordance with subsection 27(5), 31(2) or 36(9) for five years from the date of registration and after that period, if the debt remains unsatisfied, the memorial may be renewed for a further period of five years with like effect and so on as required by registering it again in accordance with this section.
37(6)Satisfaction of any debt, a memorial of which is registered, may be acknowledged in writing by the Executive Director or employee for an area who received payment in accordance with the regulations, and the acknowledgment, when registered under the Registry Act or the Land Titles Act, as the case may be, operates as a discharge of the debt.
Memorial of debts
37(1)The Executive Director may issue a memorial of a debt arising under subsection 27(5), 31(2) or 36(9) containing the amount of the debt and verified by affidavit.
37(2)The memorial of debt, accompanied by the affidavit, may be registered in accordance with the Registry Act or the Land Titles Act.
37(3)A copy of a registered memorial certified by a registrar of deeds or a registrar of land titles, as the case may be, shall be admissible as evidence of the registration in all proceedings.
37(4)A memorial of a debt referred to in subsection (1) registered in the registry office of the county in which the lands are situated, or the land titles office of the district in which the lands are situated, as the case may be, binds the lands of the person who owes an amount to the Commission in accordance with subsection 27(5), 31(2) or 36(9).
37(5)A memorial registered as described in subsection (4) binds the lands of the person who owes an amount to the Commission in accordance with subsection 27(5), 31(2) or 36(9) for five years from the date of registration and after that period, if the debt remains unsatisfied, the memorial may be renewed for a further period of five years with like effect and so on as required by registering it again in accordance with this section.
37(6)Satisfaction of any debt, a memorial of which is registered, may be acknowledged in writing by the Executive Director or employee for an area who received payment in accordance with the regulations, and the acknowledgment, when registered under the Registry Act or the Land Titles Act, as the case may be, operates as a discharge of the debt.