N-2 - Notarial Act

Section 93 Disposition versions

2008-10-15

93. The board of directors may, by regulation:

(1)  (subparagraph repealed);

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  (subparagraph repealed);

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  (subparagraph repealed);

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the board of directors shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote the quality of professional services, law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  (subparagraph repealed);

(10)  maintain, by means of a central register, an information service respecting mandates given in anticipation of the mandator’s incapacity pursuant to article 2166 of the Civil Code or revocations thereof executed en minute by notaries or deposited with them by the mandator or the mandatary and determine the formalities and conditions applicable to such service.

The board of directors shall, by regulation, fix the duration of the term of office of the de jure member.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57; 1989, c. 33, s. 8; 1990, c. 76, s. 7; 1994, c. 40, s. 399; 1999, c. 40, s. 197; 2008, c. 11, s. 212.

1999-10-22

93. The Bureau may, by regulation:

(1)  (subparagraph repealed);

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  (subparagraph repealed);

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  (subparagraph repealed);

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote the quality of professional services, law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  (subparagraph repealed);

(10)  maintain, by means of a central register, an information service respecting mandates given in anticipation of the mandator’s incapacity pursuant to article 2166 of the Civil Code or revocations thereof executed en minute by notaries or deposited with them by the mandator or the mandatary and determine the formalities and conditions applicable to such service.

The Bureau shall, by regulation, fix the duration of the term of office of the de jure member.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57; 1989, c. 33, s. 8; 1990, c. 76, s. 7; 1994, c. 40, s. 399; 1999, c. 40, s. 197.

1994-10-15

93. The Bureau may, by regulation:

(1)  (subparagraph repealed);

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  (subparagraph repealed);

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  (subparagraph repealed);

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote the quality of professional services, law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  (subparagraph repealed);

(10)  maintain, by means of a central register, an information service respecting mandates given for the eventuality of the mandator’s inability pursuant to article 1731.1 of the Civil Code of Lower Canada or revocations thereof executed en minute by notaries or deposited with them by the mandator or the mandatary and determine the formalities and conditions applicable to such service.

The Bureau shall, by regulation, fix the duration of the term of office of the de jure member.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57; 1989, c. 33, s. 8; 1990, c. 76, s. 7; 1994, c. 40, s. 399.

1990-12-20

93. In addition to the other regulatory powers assigned to it by this Act, the Bureau shall have the power to make regulations for the administration and internal management of the matters under its control and for the carrying out of this Act, and in particular to:

(1)  determine the qualifications required of candidates for practice, and the programme, subjects and mode of the examinations of the Order;

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  determine the means of communication through which members of the Bureau or the Administrative Committee may, when they are absent or not physically in attendance at the place where the sitting or meeting of the Bureau or Committee, as the case may be, is being held, express themselves in respect of a decision to be taken, prescribe the conditions under which they may avail themselves of such means and, for the application of subparagraph vii of paragraph a of subsection 2 of section 78 and the fourth paragraph of section 97, determine what constitues the failure to express oneself;

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  determine the conditions of receiving, keeping and disposing of the sums and valuables entrusted to notaries, the keeping of trust accounts, the establishment of a system of auditing such accounts, and order a periodic audit thereof;

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  determine the criteria according to which, upon the recommendation of the Administrative Committee, it may confer the title of honorary notary on a notary, or withdraw such title from him, and prescribe the conditions and modalities of its use and the rights and privileges related thereto;

(10)  maintain, by means of a central register, an information service respecting mandates given for the eventuality of the mandator’s inability pursuant to article 1731.1 of the Civil Code of Lower Canada or revocations thereof executed en minute by notaries or deposited with them by the mandator or the mandatary and determine the formalities and conditions applicable to such service.

The Bureau shall, by regulation, in accordance with the Professional Code (chapter C-26):

(1)  adopt a code of ethics;

(2)  set up an indemnity fund;

(3)  establish an arbitration procedure, available to clients, for notaries’ accounts;

(4)  fix the date and procedure of the election of the president, vice-president, district representatives and Administrative Committee members, as well as the date and time they take office and the length of their term;

(5)  fix the term of office of the de jure member.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57; 1989, c. 33, s. 8; 1990, c. 76, s. 7.

1989-06-22

93. In addition to the other regulatory powers assigned to it by this Act, the Bureau shall have the power to make regulations for the administration and internal management of the matters under its control and for the carrying out of this Act, and in particular to:

(1)  determine the qualifications required of candidates for practice, and the programme, subjects and mode of the examinations of the Order;

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  determine the means of communication through which members of the Bureau or the Administrative Committee may, when they are absent or not physically in attendance at the place where the sitting or meeting of the Bureau or Committee, as the case may be, is being held, express themselves in respect of a decision to be taken, prescribe the conditions under which they may avail themselves of such means and, for the application of subparagraph vii of paragraph a of subsection 2 of section 78 and the fourth paragraph of section 97, determine what constitues the failure to express oneself;

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  determine the conditions of receiving, keeping and disposing of the sums and valuables entrusted to notaries, the keeping of trust accounts, the establishment of a system of auditing such accounts, and order a periodic audit thereof;

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  determine the criteria according to which, upon the recommendation of the Administrative Committee, it may confer the title of honorary notary on a notary, or withdraw such title from him, and prescribe the conditions and modalities of its use and the rights and privileges related thereto.

The Bureau shall, by regulation, in accordance with the Professional Code:

(1)  adopt a code of ethics;

(2)  set up an indemnity fund;

(3)  establish an arbitration procedure, available to clients, for notaries’ accounts;

(4)  fix the date and procedure of the election of the president, vice-president, district representatives and Administrative Committee members, as well as the date and time they take office and the length of their term;

(5)  fix the term of office of the de jure member.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57; 1989, c. 33, s. 8.

1983-12-22

93. In addition to the other regulatory powers assigned to it by this act, the Bureau shall have the power to make regulations for the administration and internal management of the matters under its control and for the carrying out of this act, and in particular to:

(1)  determine the qualifications required of candidates for practice, and the programme, subjects and mode of the examinations of the Order;

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  determine the date and procedure for the election of its members;

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  determine the conditions of receiving, keeping and disposing of the sums and valuables entrusted to notaries, the keeping of trust accounts, the establishment of a system of auditing such accounts, and order a periodic audit thereof;

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  determine the criteria according to which, upon the recommendation of the Administrative Committee, it may confer the title of honorary notary on a notary, or withdraw such title from him, and prescribe the conditions and modalities of its use and the rights and privileges related thereto.

The Bureau shall, by regulation, in accordance with the Professional Code:

(1)  adopt a code of ethics;

(2)  set up an indemnity fund;

(3)  establish an arbitration procedure, available to clients, for notaries’ accounts.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57.

1978-03-01

93. In addition to the other regulatory powers assigned to it by this act, the Bureau shall have the power to make regulations for the administration and internal management of the matters under its control and for the carrying out of this act, and in particular to:

(1)  determine the qualifications required of candidates for practice, and the programme, subjects and mode of the examinations of the Order;

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  determine the date and procedure for the election of its members;

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  determine the conditions of receiving, keeping and disposing of the sums and valuables entrusted to notaries, the keeping of trust accounts, the establishment of a system of auditing such accounts, and order a periodic audit thereof;

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote law reform, legal research, legal education and information and the establishment and maintenance of library services in law.

The Bureau shall, by regulation, in accordance with the Professional Code:

(1)  adopt a code of ethics;

(2)  set up an indemnity fund;

(3)  establish an arbitration procedure, available to clients, for notaries’ accounts.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23.

1977-12-31

93. In addition to the other regulatory powers assigned to it by this act, the Bureau shall have the power to make regulations for the administration and internal management of the matters under its control and for the carrying out of this act, and in particular to:

(1)  determine the qualifications required of candidates for practice, and the programme, subjects and mode of the examinations of the Order;

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  determine the date and procedure for the election of its members;

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by the members of the Order; determine the place where it shall be kept and the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  determine the conditions of receiving, keeping and disposing of the sums and valuables entrusted to notaries, the keeping of trust accounts, the establishment of a system of auditing such accounts, and order a periodic audit thereof;

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote law reform, legal research, legal education and information and the establishment and maintenance of library services in law.

The Bureau shall, by regulation, in accordance with the Professional Code:

(1)  adopt a code of ethics;

(2)  set up an indemnity fund;

(3)  establish an arbitration procedure, available to clients, for notaries’ accounts.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59.