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N-3 - Notaries Act
Section 80
Disposition versions
80. A notary may mandate, by a notarial act en minute, another notary to be a provisional custodian in anticipation of the occurrence of any of the cases referred to in subparagraphs 1 to 9 of the first paragraph of section 79.
A statement describing the case giving rise to the mandate and indicating the name of the mandatary, the period and the part of the notarial records covered by the mandate, as well as the name of the officiating notary and the number of the minute of the mandate must be filed immediately with the Order.
The mandator must notify the Order of any change to or revocation of the mandate.
The mandated notary must notify the Order of the effective date of the mandate and of the date on which it ends.
The board of directors may, by regulation, determine other terms and conditions relating to provisional custody.
Not in force
80. Any person in possession of the notarial records or any other document referred to in section 77 for which a provisional custodian has been appointed shall deliver the notarial records or document to the provisional custodian on being notified a notice of the latter’s appointment in accordance with the Code of Civil Procedure (chapter C-25.01). The person is liable to a fine of $100 for each day’s delay, beginning from notification of the notice. Every person required to surrender notarial records who refuses or neglects to do so is liable to the same fine upon the expiry of the time given to surrender the notarial records. A notary who contravenes the provisions of this section is liable, in addition, to the disciplinary penalties prescribed by the Professional Code (chapter C-26).
Not in force
80. Any person in possession of the notarial records or any other document referred to in section 77 for which a provisional custodian has been appointed shall deliver the notarial records or document to the provisional custodian on being served a notice of the latter’s appointment in accordance with the Code of Civil Procedure (chapter C-25). The person is liable to a fine of $100 for each day’s delay, beginning from service of the notice. Every person required to surrender notarial records who refuses or neglects to do so is liable to the same fine upon the expiry of the time given to surrender the notarial records. A notary who contravenes the provisions of this section is liable, in addition, to the disciplinary penalties prescribed by the Professional Code (chapter C-26).
