N-3 - Notaries Act

Section 46 Disposition versions

2023-10-24

46. A notarial act is closed by the signatures of the parties and of the witnesses required, as the case may be, in the physical presence of the officiating notary and by the officiating notary’s signature, which must be affixed immediately after the last of the parties has signed the act and at the place where that party signed.

The notary may exceptionally, if the circumstances so require and if it may be done in keeping with the rights and interests of the parties, authorize a party who so requests to sign the act remotely.

The notary may also, if circumstances permit, authorize a witness to sign the act remotely.

The authorization to sign remotely may be revoked at any time.

When the signing of an act is carried out remotely, the notary must make sure that the conditions are such as to ensure the quality of his or her professional services, the parties’ clear understanding and the confidentiality of the information exchanged, and that they are not derogatory to the honour or dignity of the profession.

Not in force

The remote act is closed at the place where the notary signs it and according to the procedure determined by regulation of the board of directors. The regulation may also prohibit or limit remote signing in certain cases or for certain acts or types of acts.

The signature of any party to a notarial act may, at the request of the officiating notary or a party to the act, be affixed before a notary other than the officiating notary either in the other notary’s physical presence or remotely, subject to the conditions provided for in the second paragraph, provided that the last signature is affixed before the officiating notary. A signature may also be affixed before a notary who is authorized to practise in a State which has a professional order belonging to the Union internationale du notariat and who is designated by the board of directors, provided that the signature is affixed within the territorial boundaries of the State in which that notary practises. In such cases, after the party signs, the notary before whom the signature is affixed must enter and sign an attestation, immediately below the party’s signature, that the signature was affixed before him or her, indicating the date on which it was affixed.

2000, c. 44, s. 46; 2023, c. 23, s. 46.

2002-01-01

46. No words written over, interlineations or additions shall appear in the body of an act or in the marginal notes or footnotes; any words, letters, figures or signs written over, interlined or added are deemed unwritten.

If words, letters or figures are crossed out, they shall be crossed out in such manner that they may be counted.

2000, c. 44, s. 46.