N-3 - Notaries Act

Section 14.1 Disposition versions

2024-07-01

14.1. A notary must keep absolutely secret the confidences made to him or her by reason of his or her profession.

Such obligation, however, shall not apply when the notary is expressly or implicitly relieved therefrom by the person who made such confidences or where so ordered or expressly provided by law.

A notary may, in addition, communicate information that is protected by professional secrecy, in order to protect a person or an identifiable group of persons where the notary has reasonable cause to believe that a serious risk of death or of serious bodily injury, related in particular to a disappearance or to an act of violence, including a suicide attempt, threatens the person or group and where the nature of the threat generates a sense of urgency. However, the notary may only communicate the information to a person exposed to the risk or that person’s representative, and to persons who can come to that person’s aid. The notary may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

No judicial proceedings may be brought against a notary for an act performed in good faith under the third paragraph.

For the purposes of the third paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2001, c. 78, s. 16; 2008, c. 11, s. 202; 2017, c. 10, s. 29; 2023, c. 5, s. 218.

2017-05-30

14.1. A notary must keep absolutely secret the confidences made to him or her by reason of his or her profession.

Such obligation, however, shall not apply when the notary is expressly or implicitly relieved therefrom by the person who made such confidences or where so ordered or expressly provided by law.

A notary may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the notary has reasonable cause to believe that there is a serious risk of death or serious bodily injury threatening a person or an identifiable group of persons and where the nature of the threat generates a sense of urgency. However, the notary may only communicate the information to a person exposed to the danger or that person’s representative, and to persons who can come to that person’s aid. The notary may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

For the purposes of the third paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2001, c. 78, s. 16; 2008, c. 11, s. 202; 2017, c. 10, s. 29.

2008-10-15

14.1. A notary must keep absolutely secret the confidences made to him or her by reason of his or her profession.

Such obligation, however, shall not apply when the notary is expressly or implicitly relieved therefrom by the person who made such confidences or where so ordered or expressly provided by law.

A notary may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the notary has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons. However, the notary may only communicate the information to a person exposed to the danger or that person’s representative, and to persons who can come to that person’s aid. The notary may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

2001, c. 78, s. 16; 2008, c. 11, s. 202.

2002-03-13

14.1. A notary must keep absolutely secret the confidences made to him or her by reason of his or her profession.

Such obligation, however, shall not apply when the notary is expressly or implicitly relieved therefrom by the person who made such confidences or where so ordered by law.

A notary may, in addition, communicate information that is protected by professional secrecy, in order to prevent an act of violence, including a suicide, where the notary has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons. However, the notary may only communicate the information to a person exposed to the danger or that person’s representative, and to persons who can come to that person’s aid. The notary may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

2001, c. 78, s. 16.