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N-3 - Notaries Act
Section 62
Disposition versions
62. Possession of all or part of notarial records may not be surrendered except in the cases provided by law or by regulation of the board of directors. In the latter case, the regulation determines the terms applicable to the surrendering of possession.
Before possession of a notarial act en minute may be surrendered, the notary shall make a true copy of the act which, after being signed by the judge ordering the filing of the act or, where section 192 of the Professional Code (chapter C-26) applies, by the person requiring the production of the act in the exercise of his or her functions, is substituted for and stands in lieu of the act until it is re-deposited in the notary’s notarial records.
Where an act was executed in a technological medium, a true copy of the act shall be delivered to the judge ordering the filing of the act or, where section 192 of the Professional Code applies, to the person requiring the production of the act in the exercise of his or her functions.
The same obligation applies to any person who, in particular as provisional custodian or assignee, is the depositary of the notarial records.
Not in force
62. Notarial acts executed en minute must be deposited in notarial records kept in Québec or in any place suitable for the preservation of the records determined by the board of directors.
Notarial records may be individual, joint or shared.
