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N-3 - Notaries Act
Section 77
Disposition versions
Not in force
77. A person who surrenders notarial records must, before the surrender, destroy, in their original medium, the acts whose information was transferred to a technological medium.
The obligation to destroy referred to in the first paragraph does not apply to acts executed before 1 January 1950, which must be preserved in their original medium.
Not in force
77. The board of directors or, in urgent cases, the president may, subject to the conditions determined by regulation of the board of directors, appoint a provisional custodian for the individual notarial records of a notary where
(1) the notary’s right to practise is limited;
(2) the notary is under investigation by a syndic of the Order or the subject of a complaint filed with the disciplinary council, or is being prosecuted for a criminal offence which, in the reasoned opinion of the board of directors or, as the case may be, the president, is closely related to the notary’s professional practice;
(3) the notary is the subject of a judicial 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;
(4) 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;
(5) the notary has failed to comply with the requirements of section 89; or
(6) the preservation of the notarial records is compromised, in the opinion of the board of directors or, as the case may be, the president.
The provisional custodian must be a practising notary.
Provisional custody extends to all files relating to the notarial records and to every register or trust accounting document as well as to all funds, securities or other instruments delivered to the notary in trust.
The clerk of the court shall, as soon as possible, notify the secretary of the Order of any proceeding referred to in subparagraph 3 of the first paragraph.
Not in force
77. The board of directors or, in urgent cases, the president may, subject to the conditions determined by regulation of the board of directors, appoint a provisional custodian for the individual notarial records of a notary where
(1) the notary’s right to practise is limited;
(2) the notary is under investigation by a syndic of the Order or the subject of a complaint filed with the disciplinary council, or is being prosecuted for a criminal offence which, in the reasoned opinion of the board of directors or, as the case may be, the president, is closely related to the notary’s professional practice;
(3) the notary is the subject of a judicial application for the institution of protective supervision, for homologation of a protection mandate or for confinement in an institution pursuant to article 30 of the Civil Code;
(4) 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;
(5) the notary has failed to comply with the requirements of section 89; or
(6) the preservation of the notarial records is compromised, in the opinion of the board of directors or, as the case may be, the president.
The provisional custodian must be a practising notary.
Provisional custody extends to all files relating to the notarial records and to every register or trust accounting document as well as to all funds, securities or other instruments delivered to the notary in trust.
The clerk of the court shall, as soon as possible, notify the secretary of the Order of any proceeding referred to in subparagraph 3 of the first paragraph.
Not in force
77. The executive committee or, in urgent cases, the president may, subject to the conditions determined by regulation of the board of directors, appoint a provisional custodian for the individual notarial records of a notary where
(1) the notary’s right to practise is limited;
(2) the notary is under investigation by a syndic of the Order or the subject of a complaint filed with the disciplinary council, or is being prosecuted for a criminal offence which, in the reasoned opinion of the executive committee or, as the case may be, the president, is closely related to the notary’s professional practice;
(3) the notary is the subject of a judicial application for the institution of protective supervision, for homologation of a protection mandate or for confinement in an institution pursuant to article 30 of the Civil Code;
(4) 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;
(5) the notary has failed to comply with the requirements of section 89; or
(6) the preservation of the notarial records is compromised, in the opinion of the executive committee or, as the case may be, the president.
The provisional custodian must be a practising notary.
Provisional custody extends to all files relating to the notarial records and to every register or trust accounting document as well as to all funds, securities or other instruments delivered to the notary in trust.
The clerk of the court shall, as soon as possible, notify the secretary of the Order of any proceeding referred to in subparagraph 3 of the first paragraph.
Not in force
77. The executive committee or, in urgent cases, the president may, subject to the conditions determined by regulation of the board of directors, appoint a provisional custodian for the individual notarial records of a notary where
(1) the notary’s right to practise is limited;
(2) the notary is under investigation by a syndic of the Order or the subject of a complaint filed with the disciplinary council, or is being prosecuted for a criminal offence which, in the reasoned opinion of the executive committee or, as the case may be, the president, is closely related to the notary’s professional practice;
(3) the notary is the subject of a judicial application for the institution of protective supervision, for homologation of a mandate given in anticipation of his or her inability or for confinement in an institution pursuant to article 30 of the Civil Code;
(4) 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;
(5) the notary has failed to comply with the requirements of section 89; or
(6) the preservation of the notarial records is compromised, in the opinion of the executive committee or, as the case may be, the president.
The provisional custodian must be a practising notary.
Provisional custody extends to all files relating to the notarial records and to every register or trust accounting document as well as to all funds, securities or other instruments delivered to the notary in trust.
The clerk of the court shall, as soon as possible, notify the secretary of the Order of any proceeding referred to in subparagraph 3 of the first paragraph.
