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N-2 - Notarial Act

Section 148
Disposition versions

Full text
148. (1)  The records of every notary who dies or has permanently left Québec or who, for any other reason, ceases to practise or has no longer the right to do so, shall be deposited by the notary himself, or by his spouse, his children, his heirs, the liquidators of his succession or other representatives or by the person who has possession of them, as the case may be, in the office of the clerk of the Superior Court for the district in which the notary last practised his profession, unless the board of directors orders that they be deposited in another district.
(2)  This section shall apply also to records of which the notary concerned is the assignee, notwithstanding the term fixed by the order in council or by the order of the board of directors authorizing the transfer of such records.
(3)  The board of directors shall have power to settle any dispute respecting the obligation to deposit records in the cases contemplated in this section. The decision of the board of directors shall be final and the order given by the board of directors for the deposit of the records shall oblige the holder of such records to comply therewith.
(4)  Such deposit shall be made within eight days of the event giving rise to it or of the order of the board of directors, but in the case of the death of a notary, deposit shall be made within 30 days.
(5)  This section shall not apply to records for which a provisional guardian has been appointed, for the duration of the guardianship, or to records assigned in accordance with this Act, for the duration of the assignment, or to the records of any notary who, having ceased to practise, is allowed by this Act to retain his records until another event occurs which would give rise to the deposit of the records.
1968, c. 70, s. 162; 1973, c. 45, s. 91; 1999, c. 40, s. 197; 2008, c. 11, s. 212; 2017, c. 11, s. 133.
148. (1)  The records of every notary who dies or has permanently left Québec or who, for any other reason, ceases to practise or has no longer the right to do so, shall be deposited by the notary himself, or by his spouse, his children, his heirs, the liquidators of his succession or other representatives or by the person who has possession of them, as the case may be, in the office of the clerk of the Superior Court for the district in which the notary last practised his profession, unless the executive committee orders that they be deposited in another district.
(2)  This section shall apply also to records of which the notary concerned is the assignee, notwithstanding the term fixed by the order in council or by the order of the board of directors authorizing the transfer of such records.
(3)  The executive committee shall have power to settle any dispute respecting the obligation to deposit records in the cases contemplated in this section. The decision of the executive committee shall be final and the order given by the executive committee for the deposit of the records shall oblige the holder of such records to comply therewith.
(4)  Such deposit shall be made within eight days of the event giving rise to it or of the order of the executive committee, but in the case of the death of a notary, deposit shall be made within 30 days.
(5)  This section shall not apply to records for which a provisional guardian has been appointed, for the duration of the guardianship, or to records assigned in accordance with this Act, for the duration of the assignment, or to the records of any notary who, having ceased to practise, is allowed by this Act to retain his records until another event occurs which would give rise to the deposit of the records.
1968, c. 70, s. 162; 1973, c. 45, s. 91; 1999, c. 40, s. 197; 2008, c. 11, s. 212.
148. (1)  The records of every notary who dies or has permanently left Québec or who, for any other reason, ceases to practise or has no longer the right to do so, shall be deposited by the notary himself, or by his spouse, his children, his heirs, the liquidators of his succession or other representatives or by the person who has possession of them, as the case may be, in the office of the clerk of the Superior Court for the district in which the notary last practised his profession, unless the Administrative Committee orders that they be deposited in another district.
(2)  This section shall apply also to records of which the notary concerned is the assignee, notwithstanding the term fixed by the order in council or by the order of the Bureau authorizing the transfer of such records.
(3)  The Administrative Committee shall have power to settle any dispute respecting the obligation to deposit records in the cases contemplated in this section. The decision of the Administrative Committee shall be final and the order given by the Administrative Committee for the deposit of the records shall oblige the holder of such records to comply therewith.
(4)  Such deposit shall be made within eight days of the event giving rise to it or of the order of the Administrative Committee, but in the case of the death of a notary, deposit shall be made within thirty days.
(5)  This section shall not apply to records for which a provisional guardian has been appointed, for the duration of the guardianship, or to records assigned in accordance with this Act, for the duration of the assignment, or to the records of any notary who, having ceased to practise, is allowed by this Act to retain his records until another event occurs which would give rise to the deposit of the records.
1968, c. 70, s. 162; 1973, c. 45, s. 91; 1999, c. 40, s. 197.
148. (1)  The records of every notary who dies or has permanently left Québec or who, for any other reason, ceases to practise or has no longer the right to do so, shall be deposited by the notary himself, or by his spouse, his children, his heirs, his legatees, his testamentary executors or other representatives or by the person who has possession of them, as the case may be, in the office of the prothonotary of the Superior Court for the district in which the notary last practised his profession, unless the Administrative Committee orders that they be deposited in another district.
(2)  This section shall apply also to records of which the notary concerned is the assignee, notwithstanding the term fixed by the order in council or by the order of the Bureau authorizing the transfer of such records.
(3)  The Administrative Committee shall have power to settle any dispute respecting the obligation to deposit records in the cases contemplated in this section. The decision of the Administrative Committee shall be final and the order given by the Administrative Committee for the deposit of the records shall oblige the holder of such records to comply therewith.
(4)  Such deposit shall be made within eight days of the event giving rise to it or of the order of the Administrative Committee, but in the case of the death of a notary, such delay shall be thirty days.
(5)  This section shall not apply to records for which a provisional guardian has been appointed, for the duration of the guardianship, or to records assigned in accordance with this act, for the duration of the assignment, or to the records of any notary who, having ceased to practise, is allowed by this act to retain his records until another event occurs which would give rise to the deposit of the records.
1968, c. 70, s. 162; 1973, c. 45, s. 91.
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