313. The notary seized of an application must have it served on the person concerned and must notify it to all persons who may have an interest in it given their close relationship with that person. The notary must attach a notice stating the date, time and place the notary is to begin the notarial operations, the subject matter of the application and the rights of the interested persons, including their right to make representations they consider appropriate or to oppose the application.
The notary is required to call a meeting of relatives, persons connected by marriage or civil union, or friends in the cases provided for in the Civil Code, including when the application relates to the institution of tutorship to a minor or to a person of full age. The notary may call a conference if the person concerned or a person to whom the application was notified requests one, including when the application relates to the homologation of a protection mandate. The notary is required to invite the person concerned to such a conference and all those to whom the application was notified.
The notary files a copy of the application and a copy of the notice with the court office, together with the notice of meeting if a meeting or a conference is to be held, in order to secure public notice and enable any person wishing to do so to make representations to the court clerk or to the notary. The clerk informs the notary without delay of any representation or opposition received.
2014, c. 1, a. 313; I.N. 2016-12-01; 2020, c. 112020, c. 11, s. 1061.