N-3 - Notaries Act

Section 105 Disposition versions

2023-10-24

105. (Repealed).

2000, c. 44, s. 105; 2008, c. 11, s. 206, s. 212; 2023, c. 23, s. 50.

2008-10-15

105. The Minister of Justice and the Ordre des notaires may agree that all notarial records, or a category of notarial records specified in the agreement, the surrender of which is required by this Act will, from the date fixed in the agreement, be surrendered to the secretary of the Order rather than to the Superior Court.

The agreement may provide that all notarial records, or a category of notarial records specified in the agreement, surrendered to the Superior Court before 1 January 2002 will be transferred to the Order, in the manner and subject to the conditions indicated in the agreement.

If such an agreement is made, the regulations made by the board of directors under subparagraph 7 of the first paragraph of section 98 concerning the surrender of notarial records shall apply to the Order. The board of directors may make a regulation determining the fees applicable to the surrender of notarial records to the secretary of the Order. Section 95.2 of the Professional Code (chapter C-26) shall apply to such a regulation.

From the coming into force of the agreement, the secretary of the Order, as the depositary of notarial records, shall exercise the powers conferred by this Act on the clerk of the Superior Court. The fees charged by the secretary for making searches and for issuing copies and extracts of acts shall belong to the Order.

2000, c. 44, s. 105; 2008, c. 11, s. 206, s. 212.

2002-01-01

105. The Minister of Justice and the Ordre des notaires may agree that all notarial records, or a category of notarial records specified in the agreement, the surrender of which is required by this Act will, from the date fixed in the agreement, be surrendered to the secretary of the Order rather than to the Superior Court.

The agreement may provide that all notarial records, or a category of notarial records specified in the agreement, surrendered to the Superior Court before 1 January 2002 will be transferred to the Order, in the manner and subject to the conditions indicated in the agreement.

If such an agreement is made, the regulations made by the Bureau under subparagraph 7 of the first paragraph of section 98 concerning the surrender of notarial records shall apply to the Order. The Bureau may make a regulation determining the fees applicable to the surrender of notarial records to the secretary of the Order. Section 95.1 of the Professional Code (chapter C-26) shall apply to such a regulation.

From the coming into force of the agreement, the secretary of the Order, as the depositary of notarial records, shall exercise the powers conferred by this Act on the clerk of the Superior Court. The fees charged by the secretary for making searches and for issuing copies and extracts of acts shall belong to the Order.

2000, c. 44, s. 105.