N-3, r. 2 - Code of ethics of notaries

Section 56 Disposition versions

2012-09-01

56. In addition to the acts referred to in sections 57, 58, 59.1, and 59.2 of the Professional Code (chapter C-26), the following acts performed by a notary constitute acts derogatory to the dignity of the profession:

(1)  urging a person repeatedly or insistently to retain his professional services;

(2)  communicating, without the prior written permission of the syndic or assistant syndic, with a person who has requested an inquiry,where he is informed that he is the subject of an inquiry into his conduct or professional competence or where he has been served notice of a complaint against him;

(3)  billing a client for meeting, communicating, or corresponding with the syndic, the assistant syndic, the secretary of the Order, the conciliator of accounts, the council of arbitration, the Secretary of the indemnity fund committee, or an inspector, in response to a request for explanations or information concerning a claim by the client or by any other person in respect of the notary;

(4)  furnishing a receipt or other document that falsely indicates that services have been rendered;

(5)  failing to promptly inform the Order where a candidate fails to respect the conditions for admission to the Order;

(6)  failing to promptly report to the Order any person illegally practising the notarial profession or appropriating the title of notary;

(7)  misappropriating, or using for purposes other than those authorized by the client, the monies, securities, or other property remitted to the notary in trust;

(8)  giving the character of authenticity to illegal or fraudulent acts;

(9)  participating in, agreeing to render services enabling the commission of, or committing an illegal or fraudulent act;

(10)  asking a client to withdraw him from, or refusing to submit to, the conciliation or arbitration of his account, or refusing to comply with decisions rendered pursuant to the Regulation respecting the procedure for conciliation and arbitration of accounts of notaries (chapter N-3, r. 12);

(11)  taking legal action against a colleague in connection with a matter related to the practice of the profession without having first referred the dispute to the president of the Order for mediation;

(12)  failing to promptly notify the secretary of the Order where, pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), the notary or the partnership or joint-stock company within which he carries on professional activities has made an assignment of property for the benefit of his creditors, is the subject of a receiving order, or has made a proposal that has been rejected by his creditors or dismissed or annulled by the court;

(13)  carrying on professional activities within, or having an interest in, a partnership or joint-stock company, with a person who, to the notary’s knowledge, acts in a manner compromising the dignity of the notarial profession;

(14)  carrying on professional activities within, or having an interest in, a partnership or joint-stock company where a partner, shareholder, director, manager, officer, or employee of the partnership or joint-stock company has been suspended for more than 3 months or whose professional permit has been revoked, unless the partner, shareholder, director, manager, officer, or employee:

(a)  ceases to occupy the position of director, manager, or officer within the partnership or joint-stock company within 10 days of the date on which his suspension or the revocation of his permit takes effect, or within any other period authorized by the board of directors;

(b)  ceases to attend shareholder meetings and to exercise his voting rights within 10 days of the date on which his suspension or the revocation of his permit takes effect, or within any other period authorized by the board of directors;

(c)  disposes of his voting shares or transfers them to a trustee within 10 days of the date on which his suspension or the revocation of his permit takes effect, or within any other period authorized by the board of directors.

O.C. 921-2002, s. 56; O.C. 1093-2005, s. 16.