N-3 - Notaries Act

Section 81 Disposition versions

2023-10-24

81. Where a provisional custodian of the notarial records of a notary who is in one of the cases referred to in subparagraphs 1 to 9 of the first paragraph of section 79 must effect the surrender or assignment of the notarial records, the provisional custodian must first notify in writing the notary or, where applicable, the liquidator of the notary’s succession.

At the written request of the notary or the liquidator, the provisional custodian must provide a written estimate of the value of the notarial records. If the provisional custodian does not receive such a request within 10 days of the notary or liquidator receiving the notice referred to in the first paragraph, he or she may effect the surrender or assignment of the notarial records.

The notary or the liquidator may, within 10 days of receiving the estimate, require the provisional custodian to effect, within a reasonable time, the assignment of the notarial records. The proceeds from the assignment are remitted to the notary or to the notary’s succession. The provisional custodian may offset out of the proceeds from the assignment any sums owed to him or her for disbursements and fees.

Where the provisional custodian is unable to find an assignee within a reasonable time, he or she may, after so notifying in writing the notary or the liquidator of the notary’s succession, effect the surrender of the notarial records.

2000, c. 44, s. 81; I.N. 2016-01-01 (NCCP); 2023, c. 23, s. 46.

Not in force

Not in force

81. Where a person required to comply with the provisions of section 80 refuses or neglects to do so or where it is impossible to notify the notice of appointment of the provisional custodian, any person designated by the president may, with the authorization of a judge of the Superior Court, take possession of the notarial records or of any other document subject to provisional custody or of the notarial records to be surrendered and either deliver them to the provisional custodian or surrender them to the office of the Superior Court.

The application may not be presented to the judge unless it has been served on the party concerned at least one clear day beforehand. The judge may, by way of exception, exempt the applicant from serving the application on the party concerned where the judge considers that it would compromise the preservation of the notarial records and other documents, or in urgent cases. The application is heard and decided by preference.

The judge may, subject to the specified conditions, authorize the applicant to enter, in the presence of a bailiff, any premises where the notarial records or other documents concerned are kept and, if necessary, cause any locked door, filing cabinet or safe to be opened by any necessary means.

2000, c. 44, s. 81; I.N. 2016-01-01 (NCCP).

Not in force

Not in force

81. Where a person required to comply with the provisions of section 80 refuses or neglects to do so or where it is impossible to serve the notice of appointment of the provisional custodian, any person designated by the president may, with the authorization of a judge of the Superior Court, take possession of the notarial records or of any other document subject to provisional custody or of the notarial records to be surrendered and either deliver them to the provisional custodian or surrender them to the office of the Superior Court.

The application, which is made by motion, may not be presented to the judge unless it has been served on the party concerned at least one clear day beforehand. The judge may, by way of exception, exempt the applicant from serving the application on the party concerned where the judge considers that it would compromise the preservation of the notarial records and other documents, or in urgent cases. The application is heard and decided by preference.

The judge may, subject to the specified conditions, authorize the applicant to enter, in the presence of a bailiff, any premises where the notarial records or other documents concerned are kept and, if necessary, cause any locked door, filing cabinet or safe to be opened by any necessary means.

2000, c. 44, s. 81.