N-3 - Notaries Act

Section 84 Disposition versions

2023-10-24

84. Where a person required to comply with the provisions of section 83 refuses or neglects to do so or where it is impossible to notify the notice of appointment of the provisional custodian, any person designated by the president may, with the authorization of a judge of the Superior Court, take possession of the notarial records or of any other document subject to provisional custody or of the notarial records to be surrendered, and either deliver them to the provisional custodian or surrender them to the Order.

The application may not be presented to the judge unless it has been served on the party concerned at least one clear day beforehand. The judge may, by way of exception, exempt the applicant from serving the application on the person concerned where the judge considers that it would compromise the preservation of the notarial records and other documents, or in urgent cases. The application is heard and decided on an urgent basis.

The judge may, subject to the conditions the judge specifies, authorize the applicant to enter, in the presence of a bailiff, any premises where the notarial records or other documents concerned are kept and, if necessary, cause any locked door, filing cabinet or safe to be opened by any necessary means.

2000, c. 44, s. 84; 2023, c. 23, s. 46.

Not in force

Not in force

84. The right to issue copies of or extracts from a notarial act en minute or its annexes belongs exclusively, in the case of individual notarial records, to the notary who deposits his or her notarial acts therein and, in the case of joint or shared notarial records, to the notaries who deposit their notarial acts therein, to the mandatary referred to in section 89, the assignee of the notarial records and to the clerk of the Superior Court who is the depositary of the notarial records. The Notary General for Québec or the notaries designated by the Notary General shall issue copies of or extracts from the notarial acts deposited in notarial records kept by the Notary General.

The provisional custodian of notarial records, alone and to the exclusion of any other person referred to in the first paragraph, may issue copies of or extracts from the minutes and annexes in the notarial records that are under provisional custody.

2000, c. 44, s. 84.