C-25.01 - Code of Civil Procedure

Section 484 Disposition versions

2023-10-24

484. Notaries are required, on payment of their professional fees and expenses, to issue a copy of or an extract from the acts forming part of their records and required to be published to the parties to the act, their heirs or their representatives, or to otherwise give them access to those acts.

They are also required, on receipt of such a payment, to issue a copy of or an extract from the acts that are not required to be published, or to otherwise give access to those acts,

(1)  to the parties to the act;

(2)  in the case of a protection mandate that has not been revoked, if it is established to the notary’s satisfaction that the incapacity of the mandator is such that the mandator may need to be represented in the exercise of his civil rights, to the mandator’s spouse or to close relatives and persons closely connected to the mandator by marriage or civil union as well as to any person who shows a special interest in the mandator;

(3)  in the case of an act containing testamentary provisions that have not been revoked, to the liquidator of the succession, an heir, a successor, an heir by particular title or to a person who, in the absence of testamentary provisions, would have been called to the succession, on proof of the death of the testator or donor; and

(4)  to any other person, where provided for by law.

This article also applies to the assignee of notarial records or of part of notarial records, to the provisional custodian of such records, to any other legal depositary and to the mandatary referred to in section 89 of the Notaries Act (chapter N-3).

2014, c. 1, a. 484; I.N. 2016-12-01; 2023, c. 23, s. 10.

2016-12-01

484. Notaries are required, subject to payment of their professional fees and expenses, to give access to or issue copies of or extracts from any act in their records, or in the records of which they are the assignee or custodian, to the parties to the act, their heirs or their representatives and, at their request, to persons who, in the absence of a will, would have been called to the succession.

They are not required, however, to give access to or issue a copy of a will that has been revoked or of an act that is not required to be published, unless ordered by the court or requested by the testator or a party to the act.

2014, c. 1, a. 484; I.N. 2016-12-01.

2016-01-01

484. Notaries are required, subject to payment of their professional fees and expenses, to give access to or issue copies of or extracts from any deed in their records, or in the records of which they are the assignee or custodian, to the parties to the deed, their heirs or their representatives and, at their request, to persons who, in the absence of a will, would have been called to the succession.

They are not required, however, to give access to or issue a copy of a will that has been revoked or of a deed that is not required to be published, unless ordered by the court or requested by the testator or a party to the deed.

2014, c. 1, a. 484.