N-3 - Notaries Act

À jour au 1^er juillet 2024

Ce document a valeur officielle.

chapter N-3

Notaries Act

The Minister Responsible for Government Administration and Chair of the Conseil du trésor is responsible for the administration of this Act. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

CHAPTER I ORDRE DES NOTAIRES DU QUÉBEC

DIVISION I GENERAL PROVISIONS

1. The notaries of Québec constitute a professional order called the “Ordre professionnel des notaires du Québec”, which may also be called the “Chambre des notaires du Québec” or the “Ordre des notaires du Québec”.

2000, c. 44, s. 1.

2. The head office of the Order shall be at the place determined by a regulation made by the board of directors under paragraph f of section 93 of the Professional Code (chapter C-26).

2000, c. 44, s. 2; 2008, c. 11, s. 212.

2.1. For the purposes of this Act, unless otherwise provided in the Act or unless the context indicates a different meaning, “notary” includes “retired notary”.

2023, c. 23, s. 14.

DIVISION II BOARD OF DIRECTORS

2008, c. 11, s. 212.

§ 1 . — Composition

3. The Order shall be governed by a board of directors constituted as prescribed in the Professional Code (chapter C-26).

2000, c. 44, s. 3; 2008, c. 11, s. 212.

4. The president shall be elected by a general vote of the members of the Order.

Any notary, excluding a retired notary, who has been on the roll of the Order for five years preceding the date of the election to the office of president is eligible to that office.

2000, c. 44, s. 4; 2023, c. 23, s. 15.

5. To ensure adequate regional representation on the board of directors, the territory of Québec is divided into electoral districts having the territorial boundaries determined by regulation of the board of directors by reference to the description of the judicial districts established in the Territorial Division Act (chapter D-11). The regulation shall determine the number of directors to be elected by the notaries whose professional domicile is situated in the district concerned. Section 95.2 of the Professional Code applies to the regulation.

2000, c. 44, s. 5; 2008, c. 11, s. 199, s. 212; 2017, c. 11, s. 134.

§ 2 . — Powers

6. The board of directors may, by regulation,

(1)  provide for professional training, determine the form the training is to take, provide the appropriate instruction and, for such purposes, establish a school of professional training;

(2)  establish, and set the rules governing the administration of, a notarial studies fund, made up of the gifts and legacies made for that purpose, any sums paid into it by the Order and the income from the general accounts held in trust by notaries, for the purposes of

(a)  promoting the quality of professional services, including the preservation of the acts in the notarial records preserved in the digital central notarial records, law reform, legal research, education and information, and the establishment and maintenance of law library services, and

(b)  financing measures to promote access to justice and the digitization and preservation of notarial records and, in accordance with paragraph 5 of section 8, the indemnity fund of the Order;

(3)  establish mandatory standards of professional practice, including special standards of practice for notaries practising outside Québec;

(4)  determine what constitutes a vacancy on the board of directors; and

(5)  determine the conditions that a notary must meet to be certified as regards the institution or review of a tutorship to a person of full age and as regards protection mandates.

Section 95.2 of the Professional Code (chapter C-26) applies to a regulation made under subparagraphs 2 and 4 of the first paragraph.

No regulation may be adopted by the board of directors under subparagraph 5 of the first paragraph unless the secretary of the Order has sent a draft of it to every member of the Order at least 30 days before its adoption by the board of directors. The regulation shall be submitted to the Government, which may approve it with or without amendment.

2000, c. 44, s. 6; 2008, c. 11, s. 200, s. 212; 2009, c. 35, s. 59; 2014, c. 13, s. 18; 2017, c. 11, s. 135; 2023, c. 23, s. 16.

7. The board of directors may establish, by regulation, a tariff of fees for professional services provided by notaries in connection with an application presented under article 312 of the Code of Civil Procedure (chapter C-25.01).

The regulation, which is not subject to section 95 of the Professional Code (chapter C-26), shall be submitted to the Government, and the Government may, on the recommendation of the Minister of Justice, approve it with or without amendment.

2000, c. 44, s. 7; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP); 2023, c. 23, s. 17.

8. The board of directors may

(1)  fix the procedure and intervals according to which a notary’s official handwritten signature and initials must be filed in the office of the secretary of the Order;

(2)  determine the model of the notarial seal and the information that it must bear, according to the medium used for the act, and the cases in which a notary is required to use it;

(3)  determine the criteria according to which the board of directors may confer or withdraw the title of honorary notary, and determine the terms and conditions governing the use of and rights and privileges attached to the title of honorary notary;

(4)  (paragraph repealed);

(5)  determine the sums to be taken out of the notarial studies fund and allocated to the financing of the indemnity fund;

(6)  (paragraph repealed).

2000, c. 44, s. 8; 2008, c. 11, s. 212; 2014, c. 13, s. 19; 2017, c. 11, s. 136; 2023, c. 23, s. 18.

DIVISION III EXECUTIVE COMMITTEE

2008, c. 11, s. 212.

9. Where an executive committee is constituted under section 96 of the Professional Code (chapter C-26), the president and vice-president of the Order shall be members of the committee by virtue of office.

A regulation by the board of directors under paragraph b of section 93 of the Professional Code shall determine the length of the term of committee members, the election date and procedure, and the date on which committee members enter into office.

2000, c. 44, s. 9; 2008, c. 11, s. 212; 2009, c. 35, s. 60; 2017, c. 11, s. 137.

CHAPTER II NOTARIAL PROFESSION

DIVISION I MISSION OF NOTARY

10. A notary is a legal adviser and takes part in the administration of justice.

A notary, excluding a retired notary, is also a public officer.

2000, c. 44, s. 10; 2023, c. 23, s. 19.

11. In his or her capacity as a public officer, a notary’s mission is to execute acts which the parties wish or are required to endow with the authenticity attaching to acts of public authority. To that end, the notary shall, in particular, fix the date of such acts, verify the identity, quality and capacity of the parties and ensure that they express therein their consent in a free and enlightened manner. The notary must also advise the parties and act impartially towards them.

In the context of this mission, the notary keeps in his or her notarial records the notarial acts en minute that he or she executes in order to give access to them, including by issuing copies of or extracts from those acts.

2000, c. 44, s. 11; 2023, c. 23, s. 19.

DIVISION II ADMISSION TO PROFESSIONAL PRACTICE, RESUMPTION OF RIGHT TO PRACTISE AND EXERCISE OF OTHER POWERS

2000, c. 44, Div. II; 2023, c. 23, s. 20.

12. The board of directors shall constitute a committee to decide applications for admission to the professional training program, for entry on the roll of the Order, whether as notary or retired notary, or, subject to section 12.1, for resumption of the right to practise. The committee members shall take the oath set out in Schedule II to the Professional Code (chapter C-26); however, the oath is not to be construed as prohibiting the sharing of information or documents within the Order for the protection of the public.

To that end, the committee shall ascertain whether a candidate has the moral character and the conduct, competence and qualifications required to practise the notarial profession.

The committee exercises its functions with regard to both candidates to the practice of the profession and members. It may hear the candidate, the member or any other person. However, it may not refuse to grant the candidate’s or the member’s application before giving the candidate or member an opportunity to be heard.

In the exercise of its functions, the committee has the powers provided for in sections 45 to 45.3, 46.0.1, 48 to 52.1, 55.0.1 to 55.3, 56, 159, 161 and 161.0.1 of the Professional Code. The committee also exercises the powers provided for in section 55 of that Code unless a regulation made under section 90 of the Code provides that they are to be exercised by the professional inspection committee. Chapter VIII of the Code applies to the committee, to its members and to the secretary of the Order.

The committee has the powers needed to carry out its mandate; it exercises, in particular, the powers of the Superior Court to compel, by summons signed by a member of the committee or the secretary of the Order, a candidate, a member or any other person to appear, to answer under oath and to produce any information or document. The Code of Civil Procedure (chapter C-25.01) applies, with the necessary modifications, for the purposes of this paragraph.

Authorization to be entered on the roll or to resume practice may be made subject to any condition that the committee considers necessary for the protection of the public.

2000, c. 44, s. 12; 2008, c. 11, s. 201, s. 212; 2009, c. 35, s. 61; 2014, c. 13, s. 20; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 138; 2023, c. 23, s. 21.

12.1. A candidate who applies for resumption of the right to practise after having been struck off the roll under paragraph 1 or 2 of section 85.3 of the Professional Code (chapter C-26) or a regulation made under subparagraph o of the first paragraph of section 94 of that Code shall be re-entered on the roll of the Order provided the candidate remedies the defect that led to the striking off within three months of being struck off.

2023, c. 23, s. 21.

13. The decision of the committee shall be served on the person concerned in accordance with the provisions of the Code of Civil Procedure (chapter C-25.01); the decision is subject to appeal before the Professions Tribunal, in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26).

2000, c. 44, s. 13; 2008, c. 11, s. 212; 2009, c. 35, s. 62; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 139.

13.1. A notary 55 years of age or over may be entered on the roll as a retired notary, on an application to the secretary of the Order.

A retired notary may use the prefix “Me” or “Mtre” before his or her name, provided it is followed by the title “retired notary”; he or she may not, however, use the title of notary, verbally or otherwise, or practise the profession of notary. Nevertheless, a retired notary may,

(1)  perform, within a legal person referred to in section 26.1 and in accordance with the regulation made under that section, the acts mentioned in paragraphs 3 to 5 of section 15 as well as those mentioned in paragraph 7 of that section, with the exception of representing clients in connection with any application that may be dealt with according to the procedure for non-contentious proceedings set out in Book III of the Code of Civil Procedure (chapter C-25.01); and

(2)  act as certified mediator in accordance with a regulation made under article 570 of the Code of Civil Procedure.

2023, c. 23, s. 22; 2023, c. 31, s. 54.

13.2. A retired notary must no longer keep notarial records or be the holder, user, signatory or mandatary of a trust account related to the notarial profession.

2023, c. 23, s. 22.

14. The secretary of the Order shall keep a notarial register in which the following information in respect of each notary shall be entered:

(1)  the notary’s name followed by “practising notary” or “retired notary”, as the case may be;

(2)  the notary’s fields of practice, specifying which of them constitutes his or her main field of professional practice;

(3)  honorary notaries’ contact information; and

(4)  any other information determined by regulation of the board of directors.

The information entered in the register under subparagraphs 1 and 2 of the first paragraph, together with the information provided for in the Professional Code (chapter C-26), shall constitute the roll of the Order.

2000, c. 44, s. 14; 2023, c. 23, s. 23.

14.0.1. The names of honorary notaries and the date on which their title was conferred constitute information that is to be kept by the secretary of the Order in the directory provided for in section 46.2 of the Professional Code (chapter C-26).

2023, c. 23, s. 23.

14.1. A notary must keep absolutely secret the confidences made to him or her by reason of his or her profession.

Such obligation, however, shall not apply when the notary is expressly or implicitly relieved therefrom by the person who made such confidences or where so ordered or expressly provided by law.

A notary may, in addition, communicate information that is protected by professional secrecy, in order to protect a person or an identifiable group of persons where the notary has reasonable cause to believe that a serious risk of death or of serious bodily injury, related in particular to a disappearance or to an act of violence, including a suicide attempt, threatens the person or group and where the nature of the threat generates a sense of urgency. However, the notary may only communicate the information to a person exposed to the risk or that person’s representative, and to persons who can come to that person’s aid. The notary may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

No judicial proceedings may be brought against a notary for an act performed in good faith under the third paragraph.

For the purposes of the third paragraph, “serious bodily injury” means any physical or psychological injury that is significantly detrimental to the physical integrity or the health or well-being of a person or an identifiable group of persons.

2001, c. 78, s. 16; 2008, c. 11, s. 202; 2017, c. 10, s. 29; 2023, c. 5, s. 218.

DIVISION III PROFESSIONAL PRACTICE

15. Subject to the provisions of sections 15.1 and 16, no person other than a notary may, on behalf of another person:

(1)  prepare or draw up acts which, under the Civil Code or any other legislative provision, require execution in notarial form;

(2)  prepare or draw up acts under private signature and notarial acts, other than those referred to in paragraph 1, relating to immovables and requiring registration in the land register or the cancellation of such registration;

(3)  prepare or draw up an agreement, application, by-law, resolution or other similar document relating to the constitution, organization, reorganization, dissolution or voluntary winding-up of a legal person or the amalgamation of legal persons;

(4)  prepare, draw up, sign and send the administrative declarations and applications prescribed by the legislative provisions relating to the legal publicity of enterprises;

(5)  give legal advice or opinions;

(6)  send a demand letter arising from an act he or she has executed, provided there is no charge to the person to whom it is addressed;

(7)  represent clients in connection with any application that may be dealt with according to the procedure for non-contentious proceedings set out in Book III of the Code of Civil Procedure (chapter C-25.01), or prepare, draw up or present any related application on their behalf;

(8)  prepare and draw up the documents required in connection with applications presented before him or her under article 312 of the Code of Civil Procedure; or

(9)  perform the operations preliminary to the Public Curator’s recognition of an assistant to a person of full age.

2000, c. 44, s. 15; 2010, c. 7, s. 282; I.N. 2016-01-01 (NCCP); 2020, c. 29, s. 61; 2020, c. 11, s. 198; 2023, c. 23, s. 24.

15.0.1. Except as provided by law, no person other than a notary may

(1)  when drawing up or preparing a notarial act, ascertain or enter, in the act, the parties’ statements of facts and declarations relating directly to the juridical act the notarial act contains, or verify and validate such ascertainments or entries; or

(2)  perform any other action intrinsically linked to the notary’s role as a public officer.

2023, c. 23, s. 24.

15.1. A student may give legal advice or opinions for others if the student complies with the following conditions:

(1)  the student is enrolled in a program of study whose diploma is one of the diplomas which combine to give access to the permit issued by the Order or in a graduate program in law if the student obtained such a diploma;

(2)  the student performs those acts in a legal clinic established or recognized by a university-level educational institution that grants a diploma that is one of the diplomas which combine to give access to the permit issued by the Order; and

(3)  the student performs those acts under the close supervision and responsibility of a notary, excluding a retired notary.

The board of directors must determine, by by-law, from among the regulatory standards applicable to notaries, those standards applicable to students as well as the terms and conditions that apply to the notaries supervising them. The by-law may also prescribe additional terms and conditions according to which students may perform such acts.

The board of directors must consult the Barreau du Québec before adopting a by-law under the second paragraph.

2020, c. 29, s. 62; 2023, c. 23, s. 25.

15.2. For the purposes of section 15.1, a university-level educational institution may recognize a legal clinic that complies with the following conditions:

(1)  in the clinic, the students carry out activities that contribute to their training and that could be recognized by a program of study whose diploma gives access to the permit issued by the Order or by a graduate program in law;

(2)  the clinic renders services free of charge or charges only moderate administrative fees;

(3)  the clinic or university-level educational institution maintains security against any liability the clinic may incur if a student commits a fault when giving legal advice and opinions for others;

(4)  the clinic undertakes to ensure compliance with subparagraphs 1 and 3 of the first paragraph of section 15.1 and with the standards, terms and conditions determined by the board of directors under the second paragraph of that section; and

(5)  the clinic undertakes to report on its activities to the university-level educational institution every year, according to the terms they agree on.

A legal clinic established by a university-level educational institution must comply with the conditions set out in subparagraphs 1 to 4 of the first paragraph.

2020, c. 29, s. 62.

16. No provision of section 15 may be interpreted as limiting or restricting

(1)  the rights specifically defined and granted to any person by any public law or private Act;

(2)  the rights conferred upon advocates and retired advocates by the Act respecting the Barreau du Québec (chapter B-1);

(3)  the rights of members of the Ordre des comptables professionnels agréés du Québec within the limits prescribed by the Chartered Professional Accountants Act (chapter C-48.1), to give advice and opinions on all questions of a financial, administrative or fiscal nature, to prepare and submit to persons entitled thereto plans of financial or fiscal administration, organization and reorganization, to prepare and submit surveys, statements, returns and declarations of the same nature, including tax returns of all kinds, to discuss with all persons having authority in the matter all tax assessments, and also to prepare and give notices of appeal to the Minister of Revenue of Québec and the Minister of National Revenue of Canada and to discuss with them and the officers of their departments the merits of assessments imposed upon their clients with respect to taxation;

(4)  the right of secretaries or assistant secretaries of legal persons to draw up the minutes of meetings of directors or shareholders and all other documents which they are authorized to draw up under federal or provincial laws; or

(5)  the right of a retired notary to perform the acts mentioned in section 13.1.

2000, c. 44, s. 16; 2012, c. 11, s. 29; 2023, c. 23, s. 26.

17. A notary may attest to the identity, quality or capacity of a person to execute or pass a legal act. The notary shall draw up a certificate by notarial act.

2000, c. 44, s. 17.

18. A notary

(a)  who acts as an arbitrator, mediator or estate planner, or

(b)  who, in the exercise of his or her functions, is a party, as an intermediary, to a real estate brokerage contract governed by the Real Estate Brokerage Act (chapter C-73.2), engages in a real estate brokerage transaction relating to a loan secured by immovable hypothec governed by the Act respecting the distribution of financial products and services(chapter D-9.2) or in securities activities for which the notary is exempted from registration under the Derivatives Act (chapter I-14.01), the Securities Act (chapter V-1.1) or any regulation under those Acts

continues to be subject to the provisions of the Professional Code (chapter C-26) and this Act.

2000, c. 44, s. 18; 2006, c. 50, s. 135; 2009, c. 58, s. 90; 2018, c. 23, s. 780.

19. A notary may represent himself or herself as a legal adviser or as a title attorney, and, subject to section 13.1, use the word “Maître” or the abbreviation “Mtre” or “Me” before his or her name.

A notary may use the title of notary public for the purpose of sworn statements and affidavits intended for use outside Québec.

2000, c. 44, s. 19; 2023, c. 23, s. 27.

20. A notary shall practise under his or her name.

2000, c. 44, s. 20; 2017, c. 11, s. 140.

21. A notary’s official signature shall be handwritten or affixed by means of a technological process.

The official handwritten signature shall consist of the notary’s signature followed by the title “notary” or “notaire” or, where applicable, “retired notary” or “notaire à la retraite”.

A notary must obtain the authorization of the secretary of the Order to use the notary’s official signature affixed by means of a technological process.

The procedure for authorizing the use of an official signature affixed by means of a technological process and that for revoking such an authorization shall be determined by regulation of the board of directors. The regulation shall identify a technological process that must be used to affix it and the minimal conditions a certification service provider must comply with.

The provisions of a regulation made under the fourth paragraph shall be submitted to the Government, which may, on the recommendation of the ministers responsible for the Act respecting registry offices (chapter B-9) made after consultation with the Office des professions, approve them, with or without amendment.

2000, c. 44, s. 21; 2017, c. 11, s. 140; 2023, c. 23, s. 29.

22. A notary must use his or her official signature when signing notarial acts.

A notary may also affix his or her official signature to any document that he or she is to sign in the practice of his or her profession.

2000, c. 44, s. 22; 2008, c. 11, s. 212; 2017, c. 11, s. 140; 2023, c. 23, s. 30.

23. Before being entered on the roll for the first time or resuming the right to practise, a person must file with the Order a specimen of his or her official handwritten signature and handwritten initials executed before a notary who has verified the person’s identity.

A notary cannot change his or her official handwritten signature or handwritten initials without first having filed a specimen of his or her new official handwritten signature or new handwritten initials with the Order.

The board of directors fixes the procedure according to which a notary’s official handwritten signature and handwritten initials must be filed.

2000, c. 44, s. 23; 2017, c. 11, s. 140; 2023, c. 23, s. 31.

24. The secretary of the Order is the person authorized to certify the official signature of a notary and his or her membership in the Order.

2000, c. 44, s. 24; 2017, c. 11, s. 140.

25. Before being entered on the roll, a notary shall file in the office of the secretary of the Order a statement indicating the address of his or her professional domicile and the address of any other place where the notary intends to practise. The notary shall inform the secretary of the Order of any change of address within 15 days of the date of the change.

Before being entered on the roll, a notary shall take an oath.

The oath must be taken before a judge of the Superior Court, the president of the Order or a notary designated by the president.

2000, c. 44, s. 25.

26. In addition to property declared by law to be exempt from seizure, technological media and property related to a notary’s professional practice, such as notarial records, safes, filing cabinets, files, law books as well as trust accounting documents, where they belong to the notary or, as the case may be, to the partnership or non-profit legal person within which the notary practises, are also exempt from seizure.

However, subject to the conditions determined by regulation of the board of directors, technological media may be seized and sold to recover the balance owing on the price of such property, or seized and sold by a creditor holding a hypothec on such property.

2000, c. 44, s. 26; 2008, c. 11, s. 212; 2023, c. 23, s. 32.

26.0.1. Where a technological medium related to the practice of the notarial profession is seized but does not belong to the notary or, as the case may be, to the partnership or non-profit legal person within which the notary practises, articles 727 and 728 of the Code of Civil Procedure (chapter C-25.01) apply as if the notary were the debtor or the garnishee.

Not in force

The first paragraph does not apply if the object of the seizure is the technological medium that supports the digital central notarial records.

2023, c. 23, s. 32.

DIVISION III.1 PROFESSIONAL PRACTICE WITHIN A NON-PROFIT LEGAL PERSON

2022, c. 26, s. 8.

26.1. The board of directors may determine, by regulation, the terms, conditions and restrictions applicable to the practice of the notarial profession within a non-profit legal person, such as one constituted under Part III of the Companies Act (chapter C-38) or the Cooperatives Act (chapter C-67.2).

In the regulation, the board must prescribe, among other things and with regard to the carrying on of professional activities within a legal person referred to in the first paragraph, standards of the same nature as those that it must prescribe under paragraphs g and h of section 93 of the Professional Code (chapter C-26) with regard to the carrying on of professional activities within a joint-stock company.

The regulatory standards determined under this section may vary according to the category of members to which the notary belongs.

Section 95.2 of the Professional Code applies to any regulation made under this section. However, such a regulation shall be sent to the Office des professions du Québec for examination, on the recommendation of the Minister of Justice.

2022, c. 26, s. 8; 2023, c. 23, s. 33.

26.2. A notary must not allow, in consideration of the professional activities that he or she carries on within a legal person referred to in section 26.1 or in the course of such activities, professional fees or costs to be charged that, together, exceed a moderate cost. The client may, however, be required to reimburse disbursements.

2022, c. 26, s. 8.

26.3. Subject to the provisions of this division, a legal person referred to in section 26.1 of this Act is considered, for the purposes of the Professional Code (chapter C-26), to be a joint-stock company referred to in section 187.11 of that Code.

Similarly, a regulation made under section 26.1 of this Act is considered, for the purposes of the Professional Code, to be a regulation made under subparagraph p of the first paragraph of section 94 of that Code, with the exception of the provisions made under the second paragraph of section 26.1 of this Act, which are considered to be a regulation made under paragraph g or h of section 93 of that Code, as the case may be.

2022, c. 26, s. 8.

26.4. No director, officer or representative of a legal person referred to in section 26.1 may help or, by encouragement, advice or consent, or by an authorization or order, induce a notary carrying on his or her professional activities within the legal person to contravene a provision of this Act, the Professional Code (chapter C-26) or the regulations made under this Act or that Code.

Every person who contravenes the first paragraph is liable to the penalties provided for in section 188 of the Professional Code. Sections 189.1, 190 and 191 of that Code apply to such an offence, with the necessary modifications.

2022, c. 26, s. 8; 2023, c. 23, s. 34.

DIVISION IV CESSATION AND LIMITATION OF RIGHT TO PRACTISE

27. Any notary who wishes to be removed from the roll of the Order so that he or she may carry on an activity declared by a regulation made by the board of directors under the Professional Code (chapter C-26) to be incompatible with the dignity or the practice of the notarial profession shall inform the secretary of the Order without delay.

2000, c. 44, s. 27; 2008, c. 11, s. 212.

28. The secretary of the Order shall strike the name of a notary from the roll upon being informed of an incompatibility under section 27 or a judgment placing the notary under tutorship, homologating a protection mandate or ordering, pursuant to article 30 of the Civil Code, the notary’s confinement in a health and social services institution. The secretary shall immediately notify the notary concerned.

The clerk of the court shall, as soon as possible, give notice of any such judgment to the secretary of the Order.

2000, c. 44, s. 28; 2009, c. 35, s. 63; I.N. 2016-01-01 (NCCP); 2020, c. 11, s. 199.

29. A notary who makes an assignment of property under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) for the benefit of creditors, against whom a receiving order has been made, or who has made a proposal that has been refused by the creditors or the court or has been annulled by the court, shall give notice thereof to the secretary of the Order without delay, who shall strike the notary’s name from the roll upon being informed of his or her bankruptcy.

On the application of the notary, the committee constituted under section 12 may, in accordance with that section, if it considers that protection of the public is not compromised, authorize the notary to resume practising, subject to such limitations as the committee may impose.

2000, c. 44, s. 29; 2008, c. 11, s. 212; 2017, c. 11, s. 141.

30. A notary who wishes to cease being entered on the roll must so advise the secretary of the Order and decide with the secretary the date of his or her removal from the roll. The notary ceases to be entered on the roll as of that date and must no longer be the holder, user, signatory or mandatory of a trust account related to the notarial profession.

2000, c. 44, s. 30; 2023, c. 23, s. 35.

CHAPTER III ILLEGAL PRACTICE

31. No person may, in contravention of the provisions of this Act, perform an act or use a title reserved for notaries unless the person is a member of the Order.

2000, c. 44, s. 31.

32. Any person other than a member of the Order who, in contravention of the provisions of this Act,

(1)  usurps the functions of a notary,

(2)  uses the title of notary, whether alone or with other words, verbally or in writing, directly or indirectly,

(3)  represents himself or herself as a notary,

(4)  acts in such a manner as to imply that he or she is authorized to perform notarial functions or to execute notarial acts, in particular by using the official signature of a notary or using the words usually used by public officers: “Before Mtre” or “Before Me”, “After due reading hereof” and “Whereof acte”,

(5)  though not on the roll, uses the word “Maître” or the abbreviation “Mtre” or “Me” before his or her name, subject to the rights conferred on advocates and retired advocates by the Act respecting the Barreau du Québec (chapter B-1), or

(6)  performs an action exclusively linked to a notary’s function as a public officer provided for in section 15.0.1 or proposes to perform such an action or seeks or contributes to have a notary not perform the mandatory actions linked to the notary’s function as a public officer,

is considered to perform an act or use a title reserved for notaries.

2000, c. 44, s. 32; 2023, c. 23, s. 36.

32.1. Any person other than a member of the Order who, acting as an intermediary between a third person and a notary,

(1)  grants or promises or causes to be granted or promised, to the third person, a reduction in the fees or disbursements of the notary;

(2)  gets a notary to forego part of his or her fees or disbursements; or

(3)  procures, or promises or agrees to procure, professional services for the third person, without any liability on the person’s part towards the notary for the notary’s fees and disbursements,

shall be presumed to usurp the functions of a notary.

2023, c. 23, s. 37.

33. Every person who contravenes section 31 or retired notary who contravenes the second paragraph of section 13.1 or section 13.2 is liable to the penalties provided for in section 188 of the Professional Code (chapter C-26).

2000, c. 44, s. 33; 2023, c. 23, s. 38.

CHAPTER IV NOTARIAL ACTS

DIVISION I EXECUTION OF NOTARIAL ACTS

34. A notarial act is executed en minute or en brevet.

2000, c. 44, s. 34.

35. A notarial act en minute is an act that a notary must deposit in his or her notarial records in order that it be preserved therein and that access be given to it, including by issuing authentic copies of or extracts from that act.

Acts en minute must be executed and preserved in any medium approved by regulation of the board of directors that ensures the integrity of the acts. The draft act and the closed act need not be in the same medium. Entries made in such acts must, upon the closing of the act, be permanent and complete and be protected against alterations.

An act of deposit drawn up by a notary for the purpose of depositing a document other than an act executed en minute or a copy of such an act in his or her notarial records must be executed en minute.

2000, c. 44, s. 35; 2008, c. 11, s. 212; 2023, c. 23, s. 39.

Not in force

35.1. Notarial acts en minute must be executed in and preserved on a technological medium according to the procedure determined by regulation of the board of directors and in a format authorized by the board.

An act must be closed using a technological solution authorized by the board of directors.

However, an act may be executed and temporarily preserved in paper form, according to the procedure determined by regulation of the board of directors, where the notary considers that executing it in a technological medium is not possible or is inconvenient and that it is in the interest of the parties to promptly close the act or where the act is intended for use outside Québec. The information contained in such an act must be transferred to a technological medium as soon as possible. The act in its original medium may be destroyed after the transfer.

The Order shall, according to the procedure determined by regulation of the board of directors, enter into a written agreement with any service provider of a technological solution authorized under the second paragraph.

2023, c. 23, s. 40.

36. Acts en minute forming part of notarial records must be executed separately and numbered consecutively beginning with the number one.

2000, c. 44, s. 36.

37. (Repealed).

2000, c. 44, s. 37; 2023, c. 23, s. 42.

38. A notarial act en brevet is a notarial act, in the form of one or more originals, that a notary executes and may deliver to the parties. No authentic copy of or extract from a notarial act en brevet may be issued.

Powers of attorney, authorizations, acquittances and other ordinary acts may be executed en brevet.

2000, c. 44, s. 38; 2023, c. 23, s. 43.

39. Acts en brevet may be executed in any medium approved by a regulation of the board of directors that ensures the integrity of the acts.

Entries made in such acts must, upon the closing of the act, be permanent and complete and be protected against alterations.

2000, c. 44, s. 39; 2008, c. 11, s. 212.

40. The choice of an officiating notary to execute a notarial act is determined by agreement between the parties.

If there is no agreement, the choice falls to

(0.1)  the woman or the person who has agreed to give birth to a child in the context of a parental project involving surrogacy;

(1)  the creditor, for acts of obligation, surety bonds or acts of a similar nature;

(2)  the debtor, for a simple discharge;

(3)  the new creditor, for a discharge with subrogation or a discharge following the payment of a debt with the proceeds of a hypothecary loan, despite any agreement or stipulation to the contrary between the former creditor and the debtor;

(4)  the purchaser or transferee, for the sale of movable or immovable property or rights where

(a)  the purchaser or transferee pays the purchase price in full; or

(b)  the purchaser or transferee pays all or part of the purchase price to the seller or transferor with the proceeds of a hypothecary loan contracted for that purpose;

(5)  the seller or transferor, for the sale of movable or immovable property or rights, where the purchaser or transferee undertakes to pay a balance of the sale price to the seller or transferor or to assume a pre-existing obligation of the seller or transferor.

Despite any agreement to the contrary, the choice of a notary falls to the party entitled to choose the notary pursuant to subparagraph 4 or 5 of the second paragraph for a discharge resulting from the payment of a claim secured by a real right encumbering property sold or transferred where the payment is made out of the proceeds from the sale or transfer of the property.

2000, c. 44, s. 40; 2023, c. 13, s. 63.

41. No notary may execute an act if the notary or the notary’s spouse is or represents one of the parties to the act.

2000, c. 44, s. 41.

42. Subject to the provisions of section 41 and the provisions of the Civil Code with respect to wills, an act executed by a notary who is related or connected by marriage to one of the parties in any degree is authentic. An act executed by a notary who is a senior executive or employee of a legal person that is a party to the act is also authentic.

2000, c. 44, s. 42.

43. A notary shall, by all reasonable means, verify the identity, quality and capacity of each party to a notarial act to be signed before the notary.

Where one of the parties signs before a notary other than the officiating notary pursuant to the seventh paragraph of section 46, it is incumbent upon that other notary to verify the identity, quality and capacity of the party concerned.

2000, c. 44, s. 43; 2023, c. 23, s. 45.

44. Parties to acts executed by a notary or to documents drawn up by the notary at their request are solidarily liable for the notary’s disbursements and fees, unless the act is a surrogacy agreement, in which case the disbursements and fees shall be borne by the person alone or the spouses who formed the parental project.

2000, c. 44, s. 44; 2023, c. 13, s. 64.

DIVISION II FORM OF NOTARIAL ACTS

2000, c. 44, Div. II; 2023, c. 23, s. 46.

§ 1 . — General provisions

2023, c. 23, s. 46.

45. Notarial acts must be written without abbreviations; amounts, dates, numbers and other figures, other than simple references that are not absolutely essential, are to be written out in full and entries written out in full take precedence over figures, should there be a difference.

2000, c. 44, s. 45; 2023, c. 23, s. 46.

46. A notarial act is closed by the signatures of the parties and of the witnesses required, as the case may be, in the physical presence of the officiating notary and by the officiating notary’s signature, which must be affixed immediately after the last of the parties has signed the act and at the place where that party signed.

The notary may exceptionally, if the circumstances so require and if it may be done in keeping with the rights and interests of the parties, authorize a party who so requests to sign the act remotely.

The notary may also, if circumstances permit, authorize a witness to sign the act remotely.

The authorization to sign remotely may be revoked at any time.

When the signing of an act is carried out remotely, the notary must make sure that the conditions are such as to ensure the quality of his or her professional services, the parties’ clear understanding and the confidentiality of the information exchanged, and that they are not derogatory to the honour or dignity of the profession.

Not in force

The remote act is closed at the place where the notary signs it and according to the procedure determined by regulation of the board of directors. The regulation may also prohibit or limit remote signing in certain cases or for certain acts or types of acts.

The signature of any party to a notarial act may, at the request of the officiating notary or a party to the act, be affixed before a notary other than the officiating notary either in the other notary’s physical presence or remotely, subject to the conditions provided for in the second paragraph, provided that the last signature is affixed before the officiating notary. A signature may also be affixed before a notary who is authorized to practise in a State which has a professional order belonging to the Union internationale du notariat and who is designated by the board of directors, provided that the signature is affixed within the territorial boundaries of the State in which that notary practises. In such cases, after the party signs, the notary before whom the signature is affixed must enter and sign an attestation, immediately below the party’s signature, that the signature was affixed before him or her, indicating the date on which it was affixed.

2000, c. 44, s. 46; 2023, c. 23, s. 46.

47. Before it is signed, a notarial act must be read aloud to each of the parties by the notary or by a third person appointed by the notary. The act need not be read to parties who have themselves read the act or where the parties declare to the notary that they have taken cognizance of it and exempt the notary from reading it. Mention of the declarations and exemption must be made in the act, above the signatures.

The inclusion in the act of the words “After due reading hereof” constitutes a simple presumption that the act has been read in accordance with the provisions of this Act.

2000, c. 44, s. 47; 2023, c. 23, s. 46.

48. A notarial act must indicate:

(1)  the date of its execution;

(2)  the name, official capacity and place of the professional domicile of the notary who executes the act;

(3)  the name, quality and address of the parties and a designation of the powers of attorney or the mandates produced;

(4)  the presence, name, quality and address of the required witnesses;

(5)  the place where the act is executed;

(6)  the fact that the act is executed en brevet, where applicable; and

(7)  a mention of the fact that the act was read to the parties or, where applicable, the mention required in the cases described in section 47.

2000, c. 44, s. 48; 2023, c. 23, s. 46.

49. A notarial act must contain the signatures of the parties or their declaration that they are unable to sign, the signatures of the witnesses and the official signature of the notary or notaries.

The official signature of any notary, other than the officiating notary, before whom one of the parties signs constitutes a sufficient designation of the notary.

Where a party signed a notarial act in the presence of a notary other than the officiating notary and that notary entered in it and signed the attestation in accordance with the seventh paragraph of section 46, the party is deemed to have appeared before the officiating notary for the purposes of that act.

2000, c. 44, s. 49; 2023, c. 23, s. 46.

50. A notarial act is declared to be executed at the place where it is closed. If that place is situated in Québec, it is sufficiently described by specifying the name of the municipality. In any other case, the name of the State must also be specified in the act.

2000, c. 44, s. 50; 2008, c. 11, s. 203, s. 212; 2023, c. 23, s. 46.

51. Where a notarial act between several parties is signed or consented to by the parties on different days or at different places, the notary may express the plurality of dates or places by mentioning the day on which and the place where each party signed the act or consented to it.

2000, c. 44, s. 51; 2023, c. 23, s. 46.

52. A notarial act en minute under the authority of which a notarial act is executed must be sufficiently described in the act by the nature and date of the notarial act en minute, the name of the notary who executed it, the minute number given to it and, where applicable, its registration number in the appropriate register for the publication of rights. No copy of a notarial act en minute is to be appended to the act.

Any other documents under the authority of which a notarial act is executed must be appended, by being attached directly or by reference, and be sufficiently identified, acknowledged as true and signed in the presence of the notary by the party or parties who produce them and countersigned by the notary.

All other documents that the parties wish to append to a notarial act may be so appended by complying with the formalities prescribed in the second paragraph.

Documents appended to a notarial act form an integral part of it. They must be in the same medium as the act.

2000, c. 44, s. 52; 2023, c. 23, s. 46.

53. A notary may not alter or change a notarial act after a party has signed it unless the party agrees to the alteration or change.

Nor may a notary destroy or alter a notarial act after it is closed, unless authorized by law. Should it be necessary to make changes to the act, the parties may do so only by means of another act.

Not in force

Any change, destruction or alteration must be done according to the procedure determined by regulation of the board of directors.

2000, c. 44, s. 53; 2023, c. 23, s. 46.

Not in force

54. Any transfer of the information contained in a notarial act en minute to another medium or another format must be made according to the procedure determined by regulation of the board of directors, which must specify the standards applicable to verifying the integrity of the information transferred. The regulation may also, in the cases it determines, make it mandatory to transfer such information from paper form to a technological medium.

Such a transfer does not affect the authentic nature of the act.

2000, c. 44, s. 54; 2023, c. 23, s. 46.

§ 2 . — Special provisions

2023, c. 23, s. 46.

55. Every act executed by a notary in paper form and signed by him or her, but which does not bear that notary’s official handwritten signature as filed with the secretary of the Order, is nevertheless authentic and has the same effect as if it had been signed with the notary’s official signature.

2000, c. 44, s. 55; 2023, c. 23, s. 46.

56. Notarial acts in paper form must comply with the following formalities:

(1)  the acts must be written in good-quality ink, typewritten, or printed legibly and permanently;

(2)  the body of the act and the insertions or additions to insertions must not contain any overwriting, interlineation or added word; any overwritten, interlineated or added words, letters, figures or signs are deemed unwritten;

(3)  the crossing out of words, letters or figures must be done in such manner that the crossed-out words, letters and figures may be counted;

Not in force

(4)  insertions and additions to insertions must, under pain of nullity, be made in accordance with the procedure determined by regulation of the board of directors;

(5)  the acts must not contain any blanks, gaps or intervening spaces, other than the usual spaces, that are not crossed out; and

(6)  the number of insertions and additions to insertions, as well as the number of crossed-out words, letters and figures and the fact that they are null, must be mentioned at the end of the act, above the signatures.

2000, c. 44, s. 56; 2023, c. 23, s. 46.

57. In addition to the particulars provided for in section 48, a notarial act en minute executed in paper form must also specify the date and time of signing for each of the signatories.

2000, c. 44, s. 57; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

Not in force

58. In addition to the items provided for in section 52, the documents appended to a notarial act in a technological medium must be so appended by means of the technological solution used for the closing of the act and must be in the same format as the act or in any other format authorized by the board of directors.

Any transfer of the information contained in an appendix to another medium or another format must be made according to the procedure determined by regulation of the board of directors, which must specify the standards applicable to verifying the integrity of the transfer to be made by the notary.

2000, c. 44, s. 58; 2023, c. 23, s. 46.

59. The information contained in a notarial act en minute on a technological medium may be transferred from one format to another to the extent that the other format is authorized by the board of directors.

2000, c. 44, s. 59; 2023, c. 23, s. 46.

DIVISION III PRESERVATION OF NOTARIAL ACTS EN MINUTE

2000, c. 44, Div. III; 2023, c. 23, s. 46.

§ 1 . — Keeping of notarial records

2000, c. 44, Sd. 1; 2023, c. 23, s. 46.

Not in force

60. All notarial records must, according to the procedure determined by regulation of the board of directors, be preserved in the digital central notarial records.

2000, c. 44, s. 60; 2023, c. 23, s. 46.

61. Notarial records must include a repertory of the notarial acts executed en minute and an index to the repertory, in which the information prescribed by regulation of the board of directors must be entered.

Not in force

The repertory and the index must be kept, safeguarded and preserved on a technological medium, according to the procedure determined by regulation of the board of directors.

Not in force

Any transfer of the information contained in a repertory or an index to another medium or another format must be made according to the procedure determined by regulation of the board of directors, which must specify the standards applicable to verifying the integrity of the information transferred.

Not in force

The repertory and the index whose information has been transferred may be destroyed, according to the procedure determined by regulation of the board of directors.

2000, c. 44, s. 61; 2023, c. 23, s. 46.

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.

2000, c. 44, s. 62; 2008, c. 11, s. 203, s. 212; 2023, c. 23, s. 46.

63. The Minister of Justice, in his or her capacity as Notary General for Québec, may keep, according to the terms the Minister determines, one or more sets of notarial records in order to preserve the notarial acts executed en minute by notaries to whom the Public Service Act (chapter F-3.1.1) applies.

When establishing a set of notarial records, the Minister shall notify the secretary of the Order.

2000, c. 44, s. 63; 2023, c. 23, s. 46.

Not in force

§ 2 . — Digital central notarial records

2000, c. 44, Sd. 2; 2023, c. 23, s. 46.

Not in force

64. The Order is responsible for the administration and financing of the digital central notarial records.

The central notarial records group together, for preservation purposes, all the notarial records kept or safeguarded on a technological medium until they are transferred to Bibliothèque et Archives nationales du Québec.

However, the Order may, under a written agreement entered into according to the procedure determined by regulation of the board of directors, entrust a part of the administration of the central notarial records to any person or to any body.

2000, c. 44, s. 64; 2023, c. 23, s. 46.

Not in force

65. A notary may only access his or her own notarial records as well as the notarial records for which he or she is the assignee, provisional custodian or mandatary under section 92.2.

2000, c. 44, s. 65; 2023, c. 23, s. 46.

Not in force

66. The Order may access a notary’s notarial records only according to the terms provided for by government regulation.

2000, c. 44, s. 66; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

Not in force

67. The Order must ensure the security of the information contained in the digital central notarial records.

To that end, the Order must, every five years, submit to an external audit aimed at ensuring compliance with the highest standards and best practices in matters of information security and it must communicate the audit’s findings to the Minister of Justice.

The Minister may require that the Order take corrective measures, make adequate follow-ups, and comply with any other measure the Minister determines, including monitoring or support measures.

2000, c. 44, s. 67; 2023, c. 23, s. 46.

Not in force

68. The digital central notarial records must be hosted in Québec. However, the Government may, according to the terms it determines, authorize that the records be hosted outside Québec.

2000, c. 44, s. 68; 2023, c. 23, s. 46.

Not in force

69. Where the technological medium on which the digital central notarial records are based is the object of a seizure, the bailiff is required to notify the Order of the right to transfer any documents that must be preserved from the medium seized to another.

2000, c. 44, s. 69; 2008, c. 11, s. 212; 2017, c. 11, s. 142; 2023, c. 23, s. 46.

Not in force

70. The board of directors may, by regulation, determine the costs, duties or fees for using the digital central notarial records or for providing any related service, in particular those payable for the issuing of copies of and extracts from acts or for the custody, assignment, surrender and reinstatement of notarial records.

2000, c. 44, s. 70; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

§ 3 . — Assignment, surrender and provisional custody of notarial records

2023, c. 23, s. 46.

71. Notarial records may, subject to the conditions determined by regulation of the board of directors and with its authorization, be assigned, in whole or in part, to any notary. Notarial records may also, according to the terms provided for by regulation of the board of directors, be surrendered, in whole or in part, to the Order.

2000, c. 44, s. 71; 2008, c. 11, s. 212; 2017, c. 11, s. 143; 2023, c. 23, s. 46.

This section is not in force regarding the possibility of surrendering notarial records or the obligation to do so. See 2023, c. 23, s. 76 (2).

72. The files relating to assigned records must be handed over to the assignee notary.

2000, c. 44, s. 72; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

73. The liquidator of the succession of a deceased notary must notify the Order without delay of the death and see to it that the notary’s notarial records and all notarial records assigned to or under custody of the notary and the related files remain confidential until they are handed over to a provisional custodian.

2000, c. 44, s. 73; 2008, c. 11, s. 212; 2017, c. 11, s. 143; 2023, c. 23, s. 46.

74. As soon as a notary who keeps notarial records is removed from the roll or is entered on the roll as a retired notary, the notary shall, according to the terms provided for by regulation of the board of directors, assign the notarial records or surrender them to the Order.

2000, c. 44, s. 74; 2023, c. 23, s. 46.

This section is not in force regarding the possibility of surrendering notarial records or the obligation to do so. See 2023, c. 23, s. 76 (2).

Not in force

75. The assignee of notarial records shall surrender the records to the Order at the expiry of the maximum period, determined by regulation of the board of directors, for which the records were assigned.

2000, c. 44, s. 75; 2023, c. 23, s. 46.

76. The surrender of notarial records, where it is mandatory, must be made within 30 days of the event that gives rise to it. However, if the board of directors considers it warranted by the circumstances, the board may grant any extension it deems appropriate.

2000, c. 44, s. 76; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

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.

2000, c. 44, s. 77; 2008, c. 11, s. 204, s. 212; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 143; 2020, c. 11, s. 200; 2023, c. 23, s. 46.

78. The fees collected for searches of, copies of or extracts from acts belong to the Order, as the depositary.

2000, c. 44, s. 78; 2008, c. 11, s. 212; 2017, c. 11, s. 143; 2023, c. 23, s. 46.

79. The board of directors or, in urgent cases, the president may, in the absence of a mandate referred to in section 80, appoint a provisional custodian for the notarial records, files or trust accounting documents, as well as for the sums and other property entrusted to a practising notary and held in trust, in any of the following cases:

(1)  the notary’s right to practise is limited or suspended;

(2)  in a proceeding before the court, the notary is the subject of an 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;

(3)  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;

(4)  the notary is deceased;

(5)  the notary has ceased to be entered on the roll and has not assigned or surrendered his or her notarial records or disposed of his or her files, trust accounting documents or the sums and other property held in trust;

(6)  the notary has not, contrary to that which is required under section 92.2, appointed a mandatary to issue copies of or extracts from the acts in his or her notarial records or in the notarial records assigned to him or her or under his or her provisional custody;

(7)  the notary is the subject of a decision finding him or her guilty of a criminal offence which, in the reasoned opinion of the committee constituted under section 12, is closely related to the practice of the profession;

(8)  the notary is under investigation by a syndic of the Order or is the subject of a complaint or a syndic’s request filed with the disciplinary council; and

(9)  the safekeeping of the notary’s notarial records, files, trust accounting documents or of the sums and other property held in trust is compromised, in the opinion of the board of directors or, as the case may be, the president.

The board of directors or, in urgent cases, the president may also appoint a provisional custodian in respect of property referred to in the first paragraph where a notary mandated to act as provisional custodian under section 80 ceases to be a practising notary, does not properly exercise his or her function or renounces exercising it.

In the cases referred to in subparagraphs 1 to 7 of the first paragraph, the appointment of a provisional custodian may also be made by any other person designated by regulation of the board of directors.

The clerk of the court shall, as soon as possible, notify the secretary of the Order of any proceeding referred to in subparagraph 2 of the first paragraph.

The board of directors shall determine by regulation the terms and conditions relating to provisional custody.

2000, c. 44, s. 79; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP); 2017, c. 11, s. 143; 2023, c. 23, s. 46.

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.

2000, c. 44, s. 80; I.N. 2016-01-01 (NCCP); 2023, c. 23, s. 46.

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.

82. The board of directors or the president may require that all files relating to notarial records that may be placed under provisional custody be sealed until a provisional custodian is appointed or until the notarial records are assigned or surrendered. The application shall be made to the Superior Court of the judicial district in which the notary who deposited his or her acts in the notarial records last practised. The judge or, in the judge’s absence, the special clerk has full and complete jurisdiction in the matter.

2000, c. 44, s. 82; 2023, c. 23, s. 46.

83. Any person in possession of the notarial records or any other document referred to in section 79 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).

2000, c. 44, s. 83; 2008, c. 11, s. 212; 2017, c. 11, s. 143; 2023, c. 23, s. 46.

84. Where a person required to comply with the provisions of section 83 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 Order.

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 person 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 on an urgent basis.

The judge may, subject to the conditions the judge specifies, 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. 84; 2023, c. 23, s. 46.

85. The provisional custodian is, for the duration of the provisional custody, the legal depositary of the notarial records under provisional custody and the custodian of the files or trust accounting documents, as well as of the sums and other property held in trust.

2000, c. 44, s. 85; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

86. In addition to disbursements, the provisional custodian is entitled to the fees established in the mandate mentioned in section 80 or, if no fees are established in the mandate, to those fixed by the board of directors, which shall be charged to the person whose records are under provisional custody. However, in the case of provisional custody instituted under subparagraph 2 or 8 of the first paragraph of section 79, the board of directors shall, after a decision is rendered by the court or, as the case may be, by the disciplinary council, determine which of the notary or the Order is to pay the costs.

The provisional custodian is also entitled to fees for making searches and for issuing copies of or extracts from acts.

2000, c. 44, s. 86; 2023, c. 23, s. 46.

Not in force

§ 4 . — Transfer of notarial records to Bibliothèque et Archives nationales du Québec

2023, c. 23, s. 46.

Not in force

87. The Order shall transfer to Bibliothèque et Archives nationales du Québec, at the expiry of the period determined by regulation of the board of directors, the notarial records of which it is the depositary.

The regulation determines the other terms of the transfer.

Notarial records transferred under this section are deemed to be public archives within the meaning of the Archives Act (chapter A-21.1).

Regulatory provisions made under the first paragraph must be submitted to the Government, which may, after consultation with the Office des professions and Bibliothèque et Archives nationales du Québec, approve them, with or without amendment.

2000, c. 44, s. 87; 2023, c. 23, s. 46.

DIVISION IV COPIES OF OR EXTRACTS FROM NOTARIAL ACTS EN MINUTE

2000, c. 44, Div. IV; 2023, c. 23, s. 46.

88. The right to issue copies of or extracts from a notarial act en minute belongs exclusively to the notary who executed the act, to the assignee of that notary’s notarial records, to a person authorized by the depositary of those notarial records or to the mandatary referred to in section 80.

The provisional custodian of notarial records, alone and to the exclusion of any other person referred to in the first paragraph, may issue copies of or extracts from the acts in the notarial records that are under provisional custody.

2000, c. 44, s. 88; 2023, c. 23, s. 46.

89. Regulatory provisions made under this division must be part of the same regulation.

2000, c. 44, s. 89; 2008, c. 11, s. 212; 2023, c. 23, s. 46.

Not in force

90. Copies of or extracts from notarial acts en minute, regardless of the medium used for the act, may, in accordance with the procedure determined by regulation of the board of directors, be issued in a technological medium or in paper form. The copies or extracts issued in a technological medium must be issued in a format authorized by the board of directors.

The choice of the medium of a copy or extract belongs to the person requesting its issue.

The copies or extracts issued under this section are authentic.

2000, c. 44, s. 90; 2023, c. 23, s. 46.

91. A notary may not issue a copy of or extract from acts that are part of his or her notarial records and whose publication is not required, or otherwise give access to them, except on an order of the court or in the cases provided for in the second paragraph of article 484 of the Code of Civil Procedure (chapter C-25.01).

The first paragraph also applies to the assignee of notarial records or of part of notarial records, to the provisional custodian and any other legal depositary of such notarial records and to the mandatary referred to in section 92.2.

A regulation of the board of directors may determine the procedure for issuing the copies or extracts. The regulation may also provide other cases in which the notary may give access to an act.

2000, c. 44, s. 91; 2023, c. 23, s. 46.

92. Copies of notarial acts en minute that a person referred to in section 88 certifies as true copies must be faithful reproductions of the text of the acts.

It is not necessary to mention in the copies the number of approved insertions and crossed-out words which appear in the act.

2000, c. 44, s. 92; 2023, c. 23, s. 46.

92.1. Copies of and extracts from notarial acts en minute, certified as true by a person referred to in section 88, are authentic and constitute proof of what is contained in the act provided, as regards appended documents, that they were appended pursuant to an Act or that they were acknowledged as true in accordance with section 52.

2023, c. 23, s. 46.

92.2. Where a notary expects to not be able to issue copies of or extracts from the acts in his or her notarial records or in the notarial records assigned to him or her or under his or her provisional custody, the notary must give a mandate, by a notarial act en minute, to another notary to issue the copies or extracts. A notary may also, at any time, appoint a mandatary for a specified time.

A statement specifying 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 copies or extracts issued under this section are authentic, despite the provisions of articles 2815 and 2817 of the Civil Code.

The board of directors may, by regulation, determine terms and conditions according to which a notary is to give a mandate referred to in the first paragraph.

2023, c. 23, s. 46.

92.3. The copies of or extracts from acts signed by a notary in paper form with a signature other than the notary’s official handwritten signature are authentic and have effect as if they had been signed with the notary’s official signature.

2023, c. 23, s. 46.

92.4. A notary is not required to issue a copy of or an extract from an act, or to give access to its content, except for the purpose of its registration in the appropriate register for the publication of rights, until the fees and disbursements for the preparation and execution of the act and, where applicable, the registration of the act, have been paid.

A notary may also withhold the documents of a file that pertain to a professional services mandate entrusted to him or her until all fees and disbursements have been paid.

2023, c. 23, s. 46.

92.5. The delivery of copies, extracts, title-deeds or acts of any nature does not constitute a presumption that the notary’s fees and disbursements have been paid.

2023, c. 23, s. 46.

DIVISION V REGISTERS OF NOTARIAL ACTS KEPT BY THE ORDRE DES NOTAIRES

93. The board of directors shall establish and maintain registers for the recording, attestation, certification, deposit, retrieval and consultation of information relating to testamentary dispositions, protection mandates, consents to organ or tissue donations, and living wills, executed en minute by or deposited with notaries, or information relating to the amendment or revocation thereof.

2000, c. 44, s. 93; 2005, c. 32, s. 247; 2008, c. 11, s. 212; I.N. 2016-01-01 (NCCP).

94. A notary shall report to the registrar of the Order the notarial acts executed or received for deposit in his or her notarial records for which a mention must be made in the register of testamentary dispositions, in the register of protection mandates, in the register of organ and tissue donors or in the register of living wills. The report may be signed by the notary, the notary’s mandatary or, where applicable, the provisional custodian or assignee of the records.

2000, c. 44, s. 94; 2005, c. 32, s. 248; I.N. 2016-01-01 (NCCP); 2023, c. 23, s. 47.

95. The board of directors may, by regulation, establish and maintain registers for the recording, attestation, certification, deposit, retrieval and consultation of information relating to powers of attorney or delegations of authority, or to the amendment or revocation thereof, or information relating to other documents or data concerning the certification of a person’s identity, quality or capacity, executed by or deposited with notaries.

2000, c. 44, s. 95; 2008, c. 11, s. 212.

96. The board of directors shall, by regulation, determine the form, content and medium of the registers kept by the Order, the procedure for making entries in those registers, the form, tenor and frequency of the reporting by notaries of the acts to be recorded in a register, exemptions, and the formalities and terms and conditions applicable to the issue of attestations and certifications.

The board of directors may, by regulation, fix the fees for registration and searches in the registers established under this Act or the regulations, and the fees relating to the attestation or certification of information.

2000, c. 44, s. 96; 2008, c. 11, s. 205, s. 212; 2023, c. 23, s. 48.

97. Section 95.2 of the Professional Code (chapter C-26) applies to regulations made under sections 95 and 96.

2000, c. 44, s. 97; 2008, c. 11, s. 206.

CHAPTER V REGULATIONS

98. (Repealed).

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

CHAPTER VI AMENDING AND FINAL PROVISIONS

99. (Amendment integrated into c. C-25, a. 62).

2000, c. 44, s. 99.

100. (Amendment integrated into c. C-26, s. 182.1).

2000, c. 44, s. 100.

101. (Amendment integrated into c. C-26, s. 182.2).

2000, c. 44, s. 101.

102. (Amendment integrated into c. M-19, s. 2).

2000, c. 44, s. 102.

103. (Amendment integrated into c. T-16, s. 219).

2000, c. 44, s. 103.

104. (Omitted).

2000, c. 44, s. 104.

105. (Repealed).

2000, c. 44, s. 105; 2008, c. 11, s. 206, s. 212; 2023, c. 23, s. 50.

106. (Repealed).

2000, c. 44, s. 106; 2023, c. 23, s. 50.

107. Every marriage contract executed en minute by a notary outside Québec, before notaries were so authorized by section 1 of chapter 53 of the statutes of 1923-24, is authentic provided that it contains no other cause of nullity.

2000, c. 44, s. 107.

108. (Omitted).

2000, c. 44, s. 108.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 44 of the statutes of 2000, in force on 1 April 2002, is repealed, except section 108, effective from the coming into force of chapter N-3 of the Revised Statutes.