N-3 - Notaries Act

Section 98 Disposition versions

2023-10-24

98. (Repealed).

2000, c. 44, s. 98; 2008, c. 11, s. 212; 2017, c. 11, s. 144; 2023, c. 23, s. 49.

2017-06-08

98. The board of directors shall make regulations

(1)  prescribing the conditions and procedure for authorizing the use of an official signature affixed by means of a technological process and those for revoking such authorization, and determining the technological process that must be used to affix it and the minimal conditions a certification service provider must meet;

(2)  determining the form and content of the indexes and repertories and prescribe standards applicable to the manner in which they are to be kept, safeguarded and preserved;

(3)  establishing standards relating to the custody, preservation and communication of the content of notarial acts en minute and to the issue of authentic copies of or extracts from such notarial acts;

(4)  establishing standards relating to the form, nature and quality of the medium used for notarial acts and copies of or extracts from notarial acts and the documents annexed thereto and for repertories and indexes;

(5)  establishing security standards relating to the use of information technologies for the execution of notarial acts, including the affixing of signatures in the presence or absence of the officiating notary;

(6)  establishing the procedure, conditions and formalities applicable to the constitution and designation of notarial records;

(7)  determining the place, duration and content of, and the manner, conditions and formalities applicable to, the custody, assignment, surrender, reinstatement and disposal of notarial records and the files relating thereto and of registers and trust accounting documents and determining the cases in which an undivided share of joint notarial records must be alienated and the applicable procedure and conditions; and

(8)  determining the conditions subject to which a seizure or taking in payment may be effected pursuant to the third paragraph of section 26.

Regulations under subparagraph 1 of the first paragraph shall be submitted to the Government, which may approve them with or without amendment, on the recommendation of the ministers responsible for the Act respecting registry offices (chapter B‑9) made after consultation with the Office des professions.

Regulations under subparagraphs 2 to 6 and 8 of the first paragraph, to the extent that they concern a medium other than paper in which notarial acts are executed, shall be submitted to the Government for approval, with or without amendment, on the recommendation of the Minister of Justice made after consultation with the Office des professions.

2000, c. 44, s. 98; 2008, c. 11, s. 212; 2017, c. 11, s. 144.

2008-10-15

98. The board of directors shall make regulations

(1)  determining the conditions and procedure according to which a personal code or mark is assigned to a notary by the secretary of the Order to stand in lieu of the notary’s signature pursuant to section 22, and according to which such a code or mark is revoked;

(2)  determining the form and content of the indexes and repertories and prescribe standards applicable to the manner in which they are to be kept, safeguarded and preserved;

(3)  establishing standards relating to the custody, preservation and communication of the content of notarial acts en minute and to the issue of authentic copies of or extracts from such notarial acts;

(4)  establishing standards relating to the form, nature and quality of the medium used for notarial acts and copies of or extracts from notarial acts and the documents annexed thereto and for repertories and indexes;

(5)  establishing security standards relating to the use of information technologies for the execution of notarial acts, including the affixing of signatures in the presence or absence of the officiating notary;

(6)  establishing the procedure, conditions and formalities applicable to the constitution and designation of notarial records;

(7)  determining the place, duration and content of, and the manner, conditions and formalities applicable to, the custody, assignment, surrender, reinstatement and disposal of notarial records and the files relating thereto and of registers and trust accounting documents and determining the cases in which an undivided share of joint notarial records must be alienated and the applicable procedure and conditions; and

(8)  determining the conditions subject to which a seizure or taking in payment may be effected pursuant to the third paragraph of section 26.

Regulations under subparagraphs 1 to 6 and 8 of the first paragraph, to the extent that they concern a medium other than paper in which notarial acts are executed, shall be submitted to the Government for approval, with or without amendment, on the recommendation of the Minister of Justice made after consultation with the Office des professions.

2000, c. 44, s. 98; 2008, c. 11, s. 212.

2002-01-01

98. The Bureau shall make regulations

(1)  determining the conditions and procedure according to which a personal code or mark is assigned to a notary by the secretary of the Order to stand in lieu of the notary’s signature pursuant to section 22, and according to which such a code or mark is revoked;

(2)  determining the form and content of the indexes and repertories and prescribe standards applicable to the manner in which they are to be kept, safeguarded and preserved;

(3)  establishing standards relating to the custody, preservation and communication of the content of notarial acts en minute and to the issue of authentic copies of or extracts from such notarial acts;

(4)  establishing standards relating to the form, nature and quality of the medium used for notarial acts and copies of or extracts from notarial acts and the documents annexed thereto and for repertories and indexes;

(5)  establishing security standards relating to the use of information technologies for the execution of notarial acts, including the affixing of signatures in the presence or absence of the officiating notary;

(6)  establishing the procedure, conditions and formalities applicable to the constitution and designation of notarial records;

(7)  determining the place, duration and content of, and the manner, conditions and formalities applicable to, the custody, assignment, surrender, reinstatement and disposal of notarial records and the files relating thereto and of registers and trust accounting documents and determining the cases in which an undivided share of joint notarial records must be alienated and the applicable procedure and conditions; and

(8)  determining the conditions subject to which a seizure or taking in payment may be effected pursuant to the third paragraph of section 26.

Regulations under subparagraphs 1 to 6 and 8 of the first paragraph, to the extent that they concern a medium other than paper in which notarial acts are executed, shall be submitted to the Government for approval, with or without amendment, on the recommendation of the Minister of Justice made after consultation with the Office des professions.

2000, c. 44, s. 98.