Acts and Regulations

L-1.1 - Land Titles Act

Section 17.2
Disposition versions

Full text
Authentication of electronic instrument
17.2(1)An electronic instrument shall not be submitted by a subscriber for filing or registration in electronic format unless the instrument has been authenticated by a subscriber in the manner established by Service New Brunswick.
17.2(2)A subscriber shall not authenticate an electronic instrument in electronic format unless
(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and
(b) the electronic instrument contains every material provision and particular of the instrument referred to in paragraph (a).
17.2(3)The authentication by a subscriber under subsection (2) is a certification by the subscriber that
(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and
(b) the electronic instrument that is authenticated contains every material provision and particular contained in the instrument referred to in paragraph (a).
17.2(4)An electronic instrument that is a digitally scanned image of an instrument shall not be submitted by a subscriber or a land surveyor for filing or registration unless the digitally scanned image of the instrument has been authenticated in the manner established by Service New Brunswick.
17.2(5)A subscriber or a land surveyor shall not authenticate an electronic instrument that is a digitally scanned image of an instrument unless
(a) the subscriber or land surveyor has in his or her possession an instrument under subsection 17.11(1), 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 electronic instrument that is a digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).
17.2(6)The authentication by a subscriber or land surveyor under subsection (5) is a certification by the subscriber or land surveyor that
(a) the subscriber or land surveyor has in his or her possession an instrument under subsection 17.11(1), 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 electronic instrument that is a digitally scanned image of the instrument is an exact and complete scan of the entire original instrument referred to in paragraph (a).
17.2(7)When a subscriber authenticates an electronic instrument and the instrument referred to in paragraph (3)(a) has not been witnessed by the subscriber, the subscriber is entitled to rely on the certification of the person as to the due execution of that instrument or the sworn affidavit of the person who was a witness to the execution of the instrument as to the due execution of that instrument, unless the subscriber has reason to believe that
(a) the person who certified as to the due execution of the instrument was not lawfully entitled to do so or the person who took the affidavit of the witness was not lawfully entitled to do so, or
(b) the instrument was signed or witnessed by a person who is not the person who is purported to have signed or witnessed the instrument.
17.2(8)Nothing in this section requires that the subscriber or land surveyor who authenticates an electronic instrument be the subscriber or land surveyor who submits the instrument for registration or filing.
2006, c.11, s.3; 2017, c.60, s.1
Authentication of electronic instrument
17.2(1)An electronic instrument shall not be submitted by a subscriber for filing or registration unless the instrument has been authenticated by a subscriber in the manner established by Service New Brunswick.
17.2(2)Nothing in this section requires that the subscriber who authenticates an electronic instrument be the subscriber who submits the instrument for registration or filing.
17.2(3)A subscriber shall not authenticate an electronic instrument unless
(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and
(b) the electronic instrument contains every material provision and particular of the instrument referred to in paragraph (a).
17.2(4)The authentication by a subscriber under subsection (3) is a certification by the subscriber that
(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and
(b) the electronic instrument that is authenticated contains every material provision and particular contained in the instrument referred to in paragraph (a).
17.2(5)Where a subscriber authenticates an electronic instrument and the instrument referred to in paragraph (3)(a) has not been witnessed by the subscriber, the subscriber is entitled to rely on the certification of the person as to the due execution of that instrument or the sworn affidavit of the person who was a witness to the execution of the instrument as to the due execution of that instrument unless the subscriber has reason to believe that
(a) the person who certified as to the due execution of the instrument was not lawfully entitled to do so or the person who took the affidavit of the witness was not lawfully entitled to do so, or
(b) the instrument was signed or witnessed by a person who is not the person who is purported to have signed or witnessed the instrument.
2006, c.11, s.3
Authentication of electronic instrument
17.2(1)An electronic instrument shall not be submitted by a subscriber for filing or registration unless the instrument has been authenticated by a subscriber in the manner established by Service New Brunswick.
17.2(2)Nothing in this section requires that the subscriber who authenticates an electronic instrument be the subscriber who submits the instrument for registration or filing.
17.2(3)A subscriber shall not authenticate an electronic instrument unless
(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and
(b) the electronic instrument contains every material provision and particular of the instrument referred to in paragraph (a).
17.2(4)The authentication by a subscriber under subsection (3) is a certification by the subscriber that
(a) the subscriber has in his or her possession an instrument that has been designated under subsection 17.1(1), in prescribed form and in paper format that, to the best of the subscriber’s knowledge and belief, has been duly executed and witnessed, and
(b) the electronic instrument that is authenticated contains every material provision and particular contained in the instrument referred to in paragraph (a).
17.2(5)Where a subscriber authenticates an electronic instrument and the instrument referred to in paragraph (3)(a) has not been witnessed by the subscriber, the subscriber is entitled to rely on the certification of the person as to the due execution of that instrument or the sworn affidavit of the person who was a witness to the execution of the instrument as to the due execution of that instrument unless the subscriber has reason to believe that
(a) the person who certified as to the due execution of the instrument was not lawfully entitled to do so or the person who took the affidavit of the witness was not lawfully entitled to do so, or
(b) the instrument was signed or witnessed by a person who is not the person who is purported to have signed or witnessed the instrument.
2006, c.11, s.3