N-3 - Notaries Act

Section 79 Disposition versions

2023-10-24

79. The board of directors or, in urgent cases, the president may, in the absence of a mandate referred to in section 80, appoint a provisional custodian for the notarial records, files or trust accounting documents, as well as for the sums and other property entrusted to a practising notary and held in trust, in any of the following cases:

(1)  the notary’s right to practise is limited or suspended;

(2)  in a proceeding before the court, the notary is the subject of an application for the institution of tutorship to a person of full age, for homologation of a protection mandate or for confinement in an institution pursuant to article 30 of the Civil Code;

(3)  a medical report issued in the circumstances described in sections 48 to 51 of the Professional Code (chapter C-26) shows that the notary cannot practise for health reasons;

(4)  the notary is deceased;

(5)  the notary has ceased to be entered on the roll and has not assigned or surrendered his or her notarial records or disposed of his or her files, trust accounting documents or the sums and other property held in trust;

(6)  the notary has not, contrary to that which is required under section 92.2, appointed a mandatary to issue copies of or extracts from the acts in his or her notarial records or in the notarial records assigned to him or her or under his or her provisional custody;

(7)  the notary is the subject of a decision finding him or her guilty of a criminal offence which, in the reasoned opinion of the committee constituted under section 12, is closely related to the practice of the profession;

(8)  the notary is under investigation by a syndic of the Order or is the subject of a complaint or a syndic’s request filed with the disciplinary council; and

(9)  the safekeeping of the notary’s notarial records, files, trust accounting documents or of the sums and other property held in trust is compromised, in the opinion of the board of directors or, as the case may be, the president.

The board of directors or, in urgent cases, the president may also appoint a provisional custodian in respect of property referred to in the first paragraph where a notary mandated to act as provisional custodian under section 80 ceases to be a practising notary, does not properly exercise his or her function or renounces exercising it.

In the cases referred to in subparagraphs 1 to 7 of the first paragraph, the appointment of a provisional custodian may also be made by any other person designated by regulation of the board of directors.

The clerk of the court shall, as soon as possible, notify the secretary of the Order of any proceeding referred to in subparagraph 2 of the first paragraph.

The board of directors shall determine by regulation the terms and conditions relating to provisional custody.

2000, c. 44, s. 79; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 143; 2023, c. 23, s. 46.

Not in force

Not in force

79. The board of directors or the president may require that all files relating to notarial records that may be placed under provisional custody be sealed until a provisional custodian is appointed or until the notarial records are transferred or surrendered. The application shall be made to the Superior Court of the judicial district in which the notary or notaries who deposited their acts in the notarial records last practised or, in the case of shared notarial records, the district where the general partnership concerned is established. The judge or, in the judge’s absence, the clerk has full and complete jurisdiction in the matter.

2000, c. 44, s. 79; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 143.

Not in force

Not in force

79. The executive committee or the president may require that all files relating to notarial records that may be placed under provisional custody be sealed until a provisional custodian is appointed or until the notarial records are transferred or surrendered. The application shall be made to the Superior Court of the judicial district in which the notary or notaries who deposited their acts in the notarial records last practised or, in the case of shared notarial records, the district where the general partnership concerned is established. The judge or, in the judge’s absence, the clerk has full and complete jurisdiction in the matter.

2000, c. 44, s. 79; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP).

Not in force

Not in force

79. The executive committee or the president may require that all files relating to notarial records that may be placed under provisional custody be sealed until a provisional custodian is appointed or until the notarial records are transferred or surrendered. The application shall be made by motion to the Superior Court of the judicial district in which the notary or notaries who deposited their acts in the notarial records last practised or, in the case of shared notarial records, the district where the general partnership concerned is established. The judge or, in the judge’s absence, the clerk has full and complete jurisdiction in the matter.

2000, c. 44, s. 79; 2008, c. 11, s. 212.