n-2 - Notarial Act

À jour au 13 mai 1999

Ce document a valeur officielle.

chapter N-2

Notarial Act

This Act is replaced by the Notaries Act (chapter N-3) except for the provisions respecting the preservation of notarial acts en minute, the keeping, surrender, deposit and provisional custody of notarial records, the issue of copies and extracts from notarial acts en minute and the seizure of property related to the practice of the notarial profession. (2000, c. 44, s. 106; Order in Council 1493-2001 dated 12 December 2001, (2001) 133 G.O. 2, 6859).

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I DECLARATORY AND INTERPRETATIVE PROVISIONS

1. In this Act and in the regulations made hereunder, unless the context requires a different meaning, the following words mean respectively:

(a)  “Order” : the Ordre des notaires du Québec constituted by section 71;

(b)  “Bureau” : the Bureau instituted within the Order under section 74;

(c)  “electoral districts” : the electoral districts contemplated in section 75;

(d)  “records of a notary” : all the deeds executed en minute by a notary, the repertory of such deeds and the corresponding index and also such documents when the notary is the assignee thereof;

(e)  “deposit of records” : the handing over of a notary’s records to the clerk of the Superior Court of a judicial district for preservation in the archives of such district;

(f)  “files relating to a notary’s records” : the documents and title-deeds which the holder of a notary’s records has in his keeping for another;

(g)  “election of domicile” : the indication by a notary of the place where he intends to practise his profession;

(h)  “Administrative Committee” : the Administrative Committee instituted within the Order under section 97;

(i)  “notary”, “practising notary” or “member of the Order” : any person entered on the roll;

(j)  “permit” : a permit issued under the Professional Code (chapter C-26) and this Act;

(k)  “president” : the president of the Order;

(l)  “regulation” : any regulation of the Bureau made in accordance with this Act;

(m)  “secretary” : the secretary of the Order;

(n)  “roll” : the list of the members in good standing of the Order, prepared in accordance with the Professional Code and this Act;

(o)  (paragraph repealed).

1968, c. 70, s. 1; 1973, c. 45, s. 1; 1974, c. 65, s. 57; 1977, c. 5, s. 229; 1994, c. 40, s. 383.

DIVISION II FUNCTIONS AND PRIVILEGES OF NOTARIES

2. (1)  Notaries are legal practitioners and public officers whose chief duty is to draw up and execute deeds and contracts to which the parties are bound or desire to give the character of authenticity attached to acts of the public authority and to assure the date thereof.

(2)  Their duties shall also include the preservation of the deposit of the deeds executed by them en minute, the giving of communication thereof and the issuing of authentic copies thereof or extracts therefrom.

1968, c. 70, s. 2.

3. Notaries shall be appointed for life, with jurisdiction throughout Québec; their jurisdiction may even be exercised outside Québec in the cases contemplated in article 1208 of the Civil Code of Lower Canada.

1968, c. 70, s. 3.

4. (1)  Every notary shall be called “notary” and his official signature shall include the word “notary” following his usual signature. Nevertheless, any notary admitted to practice before 12 June 1933 may use the words “notary public” or their abbreviation “N. P.” following his usual signature.

(2)  Every notary shall practice his profession under the name appearing on his act of birth, and his official signature shall comprise that name only.

(3)  Notwithstanding any law to the contrary, any notary may assume the title of “legal adviser” or “title attorney”.

(4)  For the purposes of sworn declarations or affidavits intended to be used outside Québec, any notary may use the title “notary public”.

1968, c. 70, s. 4; 1982, c. 17, s. 60.

5. In addition to the property declared exempt from seizure by article 553 of the Code of Civil Procedure (chapter C-25), the records of notaries, those of which they are the assignees, their safes, filing cabinets, law books and account books shall not be liable to seizure.

1968, c. 70, s. 5.

6. (1)  A notary who executes a deed shall not be obliged to inform the contracting parties of any fact within his knowledge; he shall not even be bound to declare debts of which he has knowledge.

(2)  With the exception of his own acts, a notary shall not be the warrantor of the recitals contained in the deed which he executes.

1968, c. 70, s. 6.

7. (1)  Every notary shall be entitled to emoluments or fees for the deeds which he executes, and the professional services he renders, over and above his costs and expenses.

(2)  (Subsection repealed).

1968, c. 70, s. 7; 1973, c. 45, s. 2; 1994, c. 40, s. 384.

8. Professional services for which a notary may charge fees shall include travelling, attendances, interviews, written or oral consultations and examination of deeds and documents; notaries are also entitled to commissions for the negotiation or renewal of loans, for the sale of debts and for the sale or purchase of immovables; they are also entitled to the commissions usually paid by brokers to their agents for purchases and sales of securities made by them on behalf of their clients.

1968, c. 70, s. 8; 1994, c. 40, s. 385.

9. No one other than a practising notary may, on behalf of another person:

(a)  draw up deeds under private signature affecting immovables and requiring registration or the cancellation of any registration;

(b)  prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the incorporation, organization, reorganization or voluntary winding-up of a corporation governed by federal or provincial laws respecting companies, or the amalgamation of several corporations or the surrender of a charter;

(c)  prepare the proceedings required by law for the registration of persons or partnerships carrying on a business or operating an industry;

(d)  give legal opinions;

(e)  represent clients in any noncontentious proceedings, present on their behalf the motions relating thereto and uncontested motions for judicial recognition of the right of ownership or relating to the acquisition of the right of ownership by prescription, or for the rectification, reduction or cancellation of an entry in the land book or in the register of personal and movable real rights or for the cancellation of an entry or of the deposit of a declaration in the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), or for the rectification or striking out of any inaccurate information appearing in that register;

(f)  write or send, as attorney for his client, any letter requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, provided that the demand or notice of default proceeds from an authentic deed in his records and is made or given without costs against the person to whom it is addressed;

(g)  draw up, prepare and file the declaration of value of an estate, required by the taxation laws, when the estate is immovable in whole or in part or when some of the persons involved suffer legal incapacity, or when the executor or legatees are exempted from making an inventory.

Subparagraph g shall not apply to corporations authorized by law to act as testamentary executors or trustees, or to accountants recognized by the Chartered Accountants Act (chapter C-48) or by the Professional Code (chapter C-26), provided that the declaration is deposited among the minutes of a notary.

1968, c. 70, s. 9; 1973, c. 64, s. 54; 1974, c. 65, s. 58; 1992, c. 57, s. 629; 1993, c. 48, s. 430.

9.1. Section 9 shall not prevent a person from performing acts reserved for members of the Order, provided he performs them in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26).

1994, c. 40, s. 386.

10. None of the provisions of section 9 shall be interpreted as limiting or restricting:

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

(b)  the rights, privileges and prerogatives conferred upon advocates by the Act respecting the Barreau du Québec;

(c)  the rights of accountants recognized by the Chartered Accountants Act or by the Professional Code, within the limits of the said acts, 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;

(d)  the right of secretaries or assistant secretaries of public or private corporations to draw up the minutes of meetings of directors or shareholders of the corporation employing them and all other documents which they are authorized to draw up by federal or provincial laws.

1968, c. 70, s. 10; 1973, c. 44, s. 80; 1973, c. 64, s. 55.

11. Persons who are parties to deeds executed by a notary, or to instruments drawn up by him at their request, shall be jointly and severally liable for his disbursements and fees.

1968, c. 70, s. 11.

12. The furnishing of copies, extracts, title-deeds or deeds of any nature shall not be considered a presumption of payment of the disbursements and fees of the notary.

1968, c. 70, s. 12.

13. As long as his fees and disbursements relating to the preparation, execution and registration of a deed have not been paid, no notary shall be bound to furnish copies thereof or extracts therefrom, or to give communication thereof.

1968, c. 70, s. 13.

14. A notary shall have the right to retain the papers and other documents relating to any matter, as long as payment of his disbursements and fees has not been effected.

1968, c. 70, s. 14.

DIVISION III DUTIES OF NOTARIES

§ 1 . — General Duties

15. The chief duties of every notary, in addition to those required of him by this Act, shall be:

(a)  not to divulge confidential knowledge acquired by him in the practice of his profession, unless expressly or implicitly authorized to do so by those who made such confidences to him;

(b)  to observe in the practice of his profession the rules of the most scrupulous honesty and impartiality;

(c)  to comply with the orders and regulations of the Bureau and to answer, within a reasonable delay, the demands of the president of the Order or of its officers;

(d)  to avoid all occasions of dispute and to maintain the most perfect courtesy in his relations with other notaries;

(e)  to have his office in a suitable place and to keep his minutes, repertory and trust books of account in a proper state of preservation in a fireproof and damp-proof strong room or safe, the whole in conformity with the regulations of the Bureau;

(f)  to keep his repertory and index in the form prescribed by this Act;

(g)  to pay any contribution required by the Bureau;

(h)  to comply with the regulations of the Bureau governing the receipt, preservation and disposal of and accounting for sums and securities entrusted to him by his clients;

(i)  (paragraph repealed);

(j)  to accept office as a member or officer of the Bureau or any of its committees;

(k)  (paragraph repealed);

(l)  to appoint a notary as attorney to certify and issue copies of deeds in his records, whenever he expects to have to be absent from his office for a period of more than 15 days;

(m)  to give notice of any marriage contract to the person responsible for keeping the register of personal and movable real rights.

1968, c. 70, s. 15; 1973, c. 45, s. 3; 1974, c. 65, s. 59; 1989, c. 54, s. 178; 1992, c. 57, s. 630; 1994, c. 40, s. 387.

16. A notary who wishes to resign as an officer or member of the Bureau or any of its committees shall do so in writing. His resignation shall take effect on the date agreed upon with the Bureau or the Administrative Committee.

1968, c. 70, s. 16; 1973, c. 45, s. 4; 1986, c. 95, s. 204.

17. (1)  Before being able to practise, every notary shall deposit at the office of the secretary an election of domicile.

(2)  He shall also deposit at the office of the secretary a specimen of his official signature; he shall not thereafter change such signature without depositing, at the same place, a specimen of his new signature.

(3)  A notary who transfers his office to another place shall give written notice thereof to the secretary of the Order within fifteen days.

1968, c. 70, s. 17; 1973, c. 45, s. 5.

18. The domicile so elected by the notary shall be his professional domicile for all the purposes of this Act.

1968, c. 70, s. 18.

§ 2 . — Repertory, index and seal

19. Every notary shall have and keep in a proper state of preservation a repertory of all deeds executed by him en minute, in which he shall enter consecutively, upon their closing, the date, the number and the nature or character of such deeds, and the names of the parties. Such repertory shall be bound and shall comply with the requirements of the regulations of the Bureau.

1968, c. 70, s. 19; 1973, c. 45, s. 6.

20. Every notary shall keep and preserve, in accordance with the regulations of the Bureau, an index to the repertory.

1968, c. 70, s. 20; 1973, c. 45, s. 7.

21. (1)  Every notary must have a particular seal reproducing, according to a uniform model, the arms of Québec with, in exergue, his surname and given names or initials and the words: “Notary”, “Québec, Canada”. Notaries practising on 1 March 1969 may continue to use the seal which they possess.

(2)  (Subsection repealed).

(3)  Every notary shall affix such seal to the deeds executed by him en brevet and to the copies of and extracts from the deeds in his repertory or in the records of which he is the depositary or assignee.

1968, c. 70, s. 21; 1973, c. 45, s. 8; 1994, c. 40, s. 388.

§ 3 . — Office

22. No notary shall keep his office in the office of a sheriff, a registrar or a clerk of a Court or in any other place which the Bureau, by regulation adopted in accordance with the Professional Code (chapter C-26), declares to be incompatible with the honour and dignity of the Ordre des notaires.

1968, c. 70, s. 22; 1973, c. 45, s. 9; 1977, c. 5, s. 229; 1994, c. 40, s. 389.

DIVISION IV NOTARIAL DEEDS

§ 1 . — General provisions

23. Notarial deeds shall be executed en minute or en brevet before one or more practising notaries in conformity with this Act.

1968, c. 70, s. 23.

24. Every notary has and has always had the right to take the proceedings necessary for:

(a)  a voluntary partition, and

(b)  a voluntary licitation of property in which persons suffering legal incapacity or absentees have an undivided interest as proprietors, provided that all the other co-proprietors of age agree with the tutors or curators of such persons or absentees to proceed in this way.

In such cases, it has always been legal to proceed by petition or motion instead of by suit.

1968, c. 70, s. 24.

25. Any person who is a party to a deed may at his own expense require the services of a second notary to act as adviser.

1968, c. 70, s. 25.

26. The following table shows the parties who in the absence of a special agreement between them are entitled to choose the notary to pass the deed:

Nature of the deed               Parties
------------------------------------------------------
Deed of Composition ..........   The debtor.
Lease ........................   The lessor.
Contract of marriage .........   The future wife.
Donation .....................   The donor.
Inventory ....................   The person obliged
                                   to make it.
Obligations, surety bonds,
  new title, constitution of
  rents and other similar
  deeds ......................   The creditor.
Discharge, when it contains no
  subrogation respecting the
  sum which is applied in
  payment ....................   The debtor.
Discharge with subrogation ...   The new creditor.
Rendering of account .........   The person who
                                   renders it.
Sale, assignment and transfer
  of moveable or immoveable
  property or rights:
  (1) When the purchaser or
      transferee pays the
      purchase price
      in full ................   The purchaser or
                                   transferee.
  (2) When the purchaser or
      transferee does not pay
      the price in full or
      when the vendor or
      transferor receives all
      that is coming to him
      but charges the
      purchaser or transferee
      with the payment to the
      vendor’s discharge of a
      sum due by him .........   The vendor or
                                   transferor.      

If several persons are obliged to make an inventory and do not agree upon the choice of a notary, he shall be appointed by a judge in chambers on the motion of an interested party.

If several persons are obliged to make a deed of partition or any other deed or document relating to the settlement of an estate and do not agree upon the choice of a notary, he shall be appointed by a judge in chambers on the motion of an interested party.

When a loan is repaid with the monies realized from a new loan, the new creditor has the choice of the notary for drawing up and executing the discharge, notwithstanding any agreement to the contrary between the debtor and the creditor to be reimbursed.

1968, c. 70, s. 26.

§ 2 . — Deeds en minute

27. A deed en minute is one which a notary executes and must keep in his records so as to deliver copies thereof or extracts therefrom.

1968, c. 70, s. 27.

28. Deeds en minute shall be executed separately and numbered consecutively starting with the number one.

1968, c. 70, s. 28.

29. (1)  If, by mistake, a notary gives the same number to more than one minute, or makes any other mistake in numbering, such minutes shall remain authentic, but as soon as he discovers the mistake, the notary must write, after the signatures, on every minute which contains such a mistake, a declaration under his oath of office stating the nature of the mistake so made, and must enter in the repertory the numbering as it appears on the minute. A copy of such declaration must be sent to the secretary of the Order without delay; such declaration shall not be required for deeds en minute executed before 12 June 1933.

(2)  If a notary omits a number, he must, as soon as he discovers the mistake, insert in his records, at the place where the deed bearing the omitted number should have been, a sheet of paper on which he must write, date and sign a declaration under his oath of office mentioning the fact that such number has been omitted. He must enter such number in his repertory with a note opposite that no deed corresponds thereto. A copy of such declaration must be sent to the secretary of the Order without delay.

(3)  If several consecutive numbers have been omitted, the same declaration may be used for all such numbers.

(4)  Any notary who infringes the provisions of section 28 or of this section shall be subject to the penalties provided by the regulations.

1968, c. 70, s. 29; 1973, c. 45, s. 10.

§ 3 . — Deeds en brevet

30. A deed en brevet is one which the notary executes with one or more originals which he may deliver to the parties.

1968, c. 70, s. 30.

31. (1)  (Subsection repealed).

(2)  Life certificates, powers of attorney, authorizations, acts of notoriety, receipts and other ordinary deeds may be executed en brevet.

1968, c. 70, s. 31; 1992, c. 57, s. 631; 1998, c. 51, s. 27.

§ 4 . — Formalities

32. No notary may execute a deed in which he or his consort is or represents one of the parties.

1968, c. 70, s. 32.

33. (1)  Subject to the provisions of section 32 and the provisions of the Civil Code of Québec with respect to wills, a deed executed by a notary who is related or allied to one of the parties in any degree is authentic.

(2)  A deed executed by a notary who is a director, officer or employee of a corporation or company which is a party to the deed is also authentic.

1968, c. 70, s. 33; 1992, c. 57, s. 632.

34. Notaries may draw, make and date their deeds on Sundays and other holidays.

1968, c. 70, s. 34.

35. (1)  Notarial deeds must be written on paper complying in format and quality with the standards established by the regulations. They must be hand-written, without abbreviations, in ink of good quality, or legibly type-written in a permanent manner. The use of forms reproduced by means of printing, lithography or photography is authorized provided that such forms have the same characteristics as the type-written deeds. Such deeds must contain no blanks or spaces not filled up by a stroke of the pen. Sums, dates and numbers or other figures, other than simple indications of reference not absolutely essential, must be written in full.

(2)  In typewriting, only the sheet of paper on which the typing was directly done may serve as an original.

1968, c. 70, s. 35.

36. (1)  There must not be, in the body of the deed or in the marginal or foot-notes, any words written over or any interlineations or additions; any words, letters, figures or signs written over, interlined or added shall be null.

(2)  Erasures shall be made in such manner that the words erased or struck out may be counted.

1968, c. 70, s. 36.

37. Notes and foot-notes must be written in the margin or at the end of the deed only; they must be initialled by the subscribers to the deed, under pain of nullity.

1968, c. 70, s. 37.

38. If the length of the note requires that it be carried to the end of the deed, it must be initialled by all the subscribers to the deed in the same manner as marginal notes, under pain of the nullity of such part of the note so carried over. The same shall apply to foot-notes and other notes which the margin cannot contain.

1968, c. 70, s. 38.

39. The number of marginal notes and foot-notes and the number and nullity of the words erased or struck out must be mentioned at the end of the deed, before the signatures.

1968, c. 70, s. 39.

40. (1)  Every notarial deed shall be closed by the signatures of the parties, of the assisting notary or of the witnesses required, as the case may be, in the presence of the officiating notary and by the latter’s signature, which must be affixed on the very day on which the last of the parties to sign did so.

(2)  Any party to a notarial deed may sign it in the presence of a notary other than the officiating notary. In such case, after the signature of the party and immediately below, the notary who received it shall enter and sign an attestation that such signature was affixed before him and of the date on which it was affixed.

(3)  The last signature, however, must be affixed before the officiating notary.

1968, c. 70, s. 40.

41. The notary must verify the identity of the parties who sign before him by any reasonable means allowing him to establish their identity.

When one of the parties signs before a notary other than the officiating notary in accordance with paragraph 2 of section 40, it is incumbent on that other notary to verify the identity of the party concerned.

1968, c. 70, s. 41; 1994, c. 40, s. 390.

42. (1)  Every notarial deed, before it is signed, must be read aloud to the parties by the notary or by a third person appointed by him; such reading shall not be required with respect to parties who have themselves read the deed.

(2)  It shall not be necessary for a trust deed to be read to the parties, or for a deed in which Her Majesty, a Crown corporation or any public or private corporation or society appears, to be read to the representative thereof, provided that the parties to the trust deed or the said representative, as the case may be, have declared to the notary that they have taken cognizance of it and have exempted him from reading it or causing it to be read.

(3)  Mention of such declaration and exemption must be made in the deed, before the signatures.

1968, c. 70, s. 42.

43. The rules of the Civil Code governing notarial wills shall remain imperative, notwithstanding the provisions of section 42.

1968, c. 70, s. 43; 1992, c. 57, s. 633.

44. (1)  Every notarial deed shall set forth: the date of the deed, the name in full, official capacity and place of business of the notary who executes it and of the assisting notary if there is one and the fact that the latter is present, the surname and given names, callings and residences of the parties, with a description of the powers of attorney or authorizations produced, the presence, the surname and given names, callings and residences of the requisite witnesses, the place where the deed is executed, the number of the minute or the fact that the deed is executed en brevet as the case may be, the fact of the reading of the deed or, if such be the case, the declaration that the notary has been exempted from reading it or causing it to be read in the cases contemplated in section 42. The notarial deed 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.

(2)  The official signature of any notary, other than the one officiating, before whom a party signs, shall constitute a sufficient designation.

(3)  The insertion in the deed of the words “after due reading” constitutes a presumption that the deed has been read in accordance with this act.

(4)  When a party has signed a notarial deed in the presence of a notary other than the officiating notary and such notary has entered in it and signed the attestation in accordance with subsection 2 of section 40, he shall be held to have appeared before the officiating notary for the purposes of such deed.

1968, c. 70, s. 44.

45. (1)  Every notarial deed shall be declared to be executed at the place where it is closed.

(2)  Such place shall be sufficiently indicated by specifying the local municipality in whose territory it is situated.

1968, c. 70, s. 45; 1996, c. 2, s. 745.

46. When a deed between several parties has been signed or executed by each of them on a different day or at a different place, the notary may express such plurality of dates and places by mentioning that as regards one party the deed was signed or executed on such a day and at such a place, and that as regards another party it was signed or executed on such a day and at such a place.

1968, c. 70, s. 46.

47. When a section of this Act refers to the “given names” of the officiating or assisting notary, of the parties to deeds, of witnesses or of any other person, it means the given name or names by which such notary, parties, witnesses or other persons are usually described, and not necessarily all the given names entered in the act of birth.

1968, c. 70, s. 47.

48. (1)  Notarial deeds enminute under the authority of which a deed is executed shall be sufficiently described in such deed by the nature and date thereof, the name of the notary who executed the same and the registration number, if any; they shall not be annexed to the deed.

(2)  All deeds and documents other than notarial deeds enminute, under the authority of which a deed is executed, shall be annexed and also be sufficiently described, acknowledged as true and signed by the party or parties who produce them, with and in the presence of the notary.

(3)  All other documents which the parties wish to annex to a deed may be so annexed upon compliance with the formalities prescribed in subsection 2.

1968, c. 70, s. 48.

49. (1)  Two or more notaries practising their profession together cannot sign deeds executed before them in the name of their firm.

(2)  They may, however, use the name of their firm in advertisements, notices, petitions and other documents that are not notarial deeds.

1968, c. 70, s. 49.

§ 5 . — Preservation and communication of deeds, copies and extracts

50. A notary must keep and preserve the originals of all deeds that he executes enminute.

1968, c. 70, s. 50.

51. (1)  A notary must not suppress, destroy, or alter any notarial deed after such deed has been signed.

(2)  If it be necessary to make changes thereto, the parties may do so only by another deed.

1968, c. 70, s. 51.

52. (1)  No notary may give up possession of any minute or annex, except in the cases provided by law.

(2)  Before giving up possession of a minute or an annex, the notary shall prepare and certify an exact or photograph copy thereof or one made by a process similar to photography which, after having been signed by the judge who orders the deposit thereof or, in the case contemplated in section 192 of the Professional Code, by the chairman of the sitting, shall be substituted for the minute which it shall replace until such minute is restored.

(3)  For the same purpose, if this has not been done, it may be ordered that a photocopy be taken of the minute or of any part thereof or of any annex, or of the signatures. Such photocopy, likewise certified by the judge or the chairman of the sitting, as the case may be, shall be annexed to the exact copy mentioned in subsection 2.

1968, c. 70, s. 52; 1973, c. 45, s. 11.

53. (1)  Copies of notarial deeds which the notary certifies as true copies of a minute or annex must be faithful reproductions of the text of the minute or annex.

(2)  It is not necessary to mention therein the number of marginal notes approved or of words struck out in the minute or annex.

(3)  It is necessary to mention therein the number of marginal notes approved and of words struck out in the copies.

1968, c. 70, s. 53.

54. (1)  The right to furnish copies of or extracts from a notarial deed and of its annexes belongs only to the notary who executed the deed, to his assignee, to the prothonotary or provisional guardian who is the legal custodian of the records of the notary who executed the deed, or to the notary empowered by a special power of attorney as provided in section 57.

(2)  No notary, provisional guardian, mandatary or prothonotary who is a custodian of records shall give communication or copies of any will or codicil except to the testator himself or to a person vested with his authorization executed either en brevet or before two witnesses, or before having obtained proof of the testator’s death.

(3)  Such death may be established by a burial certificate, a statutory declaration or such other evidence as is satisfactory to the custodian of the will or codicil.

1968, c. 70, s. 54.

55. Copies of, extracts from or annexes to notarial deeds, certified as true copies by the notary who executed them or by any other person who is the legal depositary thereof, are authentic and make proof of what is contained in the minute and in its annexes provided, as regards annexed documents, that at the time of the signing of the deed they were acknowledged as true in accordance with section 48.

1968, c. 70, s. 55.

56. The certificate of authenticity of the copies and extracts furnished by the notary who is depositary or by the provisional guardian of the records must mention the date of the order-in-council, or of the order of the Bureau, the Administrative Committee or the president, under which he acts.

1968, c. 70, s. 56; 1973, c. 45, s. 12.

57. (1)  Any notary may, by a notarial power of attorney en minute and for a stated period, empower a practising notary to certify copies of or extracts from his deeds or the deeds of which he is the legal depositary.

(2)  Any notary in military service may give a similar power of attorney for the duration of his service; such power of attorney may be attested by two witnesses and a staff-officer of his military unit; it must be deposited among the minutes of a notary.

(3)  An authentic copy of such power of attorney shall be deposited immediately in the office of the secretary of the Order.

(4)  In the certificate that he affixes to the copy or extract which he delivers, the notary so empowered must mention the date and duration of his power of attorney, the name of the notary before whom it was executed or of the notary with whom it is deposited and, when such is the case, the fact of the military service of the notary who gave it.

(5)  Such copies or extracts so certified are authentic, notwithstanding anything to the contrary in articles 1215 and 1216 of the Civil Code of Lower Canada.

1968, c. 70, s. 57; 1973, c. 45, s. 13.

§ 6 . — Miscellaneous provisions

58. Every marriage contract executed enminute by a notary outside Québec, before the Act authorizing the same (section 1 of chapter 53 of the statutes of 1923-1924) shall be authentic provided that it contains no other cause of nullity.

1968, c. 70, s. 58.

59. Every deed executed by a notary and signed by him, but which does not bear the official signature of such notary as provided for in section 17, shall nevertheless be authentic and have the same effect as if it had been signed with the official signature of such notary, provided however that it contains no other cause of nullity.

1968, c. 70, s. 59.

60. The copies of or extracts from the deeds certified as true to the original and signed by the notary with a signature different from his official signature, shall be authentic and have the same effect as if they had been signed with his official signature, provided that no other cause affects their authenticity.

1968, c. 70, s. 60.

61. Any notary who commits the irregularities contemplated in sections 59 and 60 shall be liable, for such irregularities, to the penalties provided in the regulations.

1968, c. 70, s. 61.

DIVISION V NOTARIAL RECORDS

62. (1)  Under the conditions and following the formalities hereinafter enacted, any notary may, by a notarial deed inter vivos, assign his records to another notary practising in the same judicial district as that in which he practises.

(2)  He may also assign his records by a disposition in contemplation of death in a marriage contract, will or any notarial deed, notwithstanding article 778 of the Civil Code of Lower Canada. Such assignment shall take effect at death provided that at such time the receiving notary is practising in the same judicial district as that in which the deceased notary practised and that he is not under any incapacity or incompatibility which disqualifies him from practising his profession.

1968, c. 70, s. 62.

63. When a notary dies without having disposed of his records, such right shall belong to his legal heirs or legatees, whether they accept his succession or not.

1968, c. 70, s. 63.

64. The files relating to the assigned records must be delivered to the receiving notary who shall ensure the custody thereof and remit them to the persons entitled thereto.

1968, c. 70, s. 64.

65. (1)  The Bureau, in exceptional cases and at its entire discretion, may authorize the transfer of a notary’s records to a notary practising in another district.

(2)  Nevertheless, every assignment of records authorized before 1 March 1969 to a notary who was not practising in the same district as that of the assigning or deceased notary shall be valid.

1968, c. 70, s. 65; 1973, c. 45, s. 14.

66. The assignment of records can be effected only with the permission of the Administrative Committee. Such permission shall not be given unless the assigning notary and the receiving notary have paid all the subscriptions and costs that they owe to the Order.

1968, c. 70, s. 66; 1973, c. 45, s. 15.

67. A notary who has assigned his records cannot continue or resume the practice of his profession in the same judicial district without the consent of the Administrative Committee.

1968, c. 70, s. 67; 1973, c. 45, s. 16.

68. Such permission is applied for by petition supported by the exhibits and documents required by the regulations of the Bureau.

1968, c. 70, s. 68; 1973, c. 45, s. 17.

69. A transfer of records shall be made only for a period of fifty years dating from the order authorizing it. The Administrative Committee may, even with respect to records transferred before 1 May 1948, prolong such delay for an additional period of fifty years.

1968, c. 70, s. 69; 1973, c. 45, s. 18.

70. Every assignee of a notary’s records who removes his office to another judicial district, unless authorized by the Administrative Committee to keep such records there, must assign them to a notary practising in the judicial district that he is leaving or deposit them in the office of the Superior Court of such district in accordance with the provisions of this Act respecting the deposit of records.

1968, c. 70, s. 70; 1973, c. 45, s. 19.

DIVISION VI ORDRE DES NOTAIRES DU QUÉBEC

§ 1 . — Constitution of the Order

71. The notaries of Québec shall constitute collectively a professional order called the “Ordre professionnel des notaires du Québec” or the “Ordre des notaires du Québec” or the “Chambre des notaires du Québec”.

1968, c. 70, s. 71; 1973, c. 45, s. 21; 1977, c. 5, s. 229; 1994, c. 40, s. 391.

72. (1)  The Order is a civil corporation having its head office at the place determined by regulation of the Bureau adopted pursuant to paragraph f of section 93 of the Professional Code (chapter C-26).

(2)  The Order and its members are governed by the Professional Code, subject to any contrary or inconsistent provisions of this Act.

1968, c. 70, s. 72; 1973, c. 45, s. 22; 1994, c. 40, s. 392.

73. Every service upon the Order must be made at its head office by speaking to any of its officers or to a person in charge of the head office.

1968, c. 70, s. 73; 1973, c. 45, s. 23.

§ 2 . — Bureau

74. The Order shall be governed by a bureau called the “Bureau de l’Ordre des notaires du Québec”.

The Bureau shall be composed of

(1)  an elective president;

(2)  24 elective members representing the electoral districts, from among whom the vice-president shall be elected;

(3)  4 members appointed by the Office des professions du Québec;

(4)  one de jure member, as the case may be.

The outgoing president of the Order is a de jure member during the term or terms following his term as president.

However, any person in one of the situations provided for in subparagraphs i to v or vii of paragraph a of subsection 2 of section 78 ceases to be a de jure member.

1968, c. 70, s. 74; 1973, c. 45, s. 25; 1974, c. 65, s. 60; 1977, c. 5, s. 229; 1989, c. 33, s. 1; 1994, c. 40, s. 393.

75. The president, vice-president and district representatives shall be elected on the date and according to the procedure prescribed by regulation made under the Professional Code (chapter C-26).

Their terms of office are fixed by regulation adopted pursuant to the Professional Code. The term of office of the de jure member is fixed by regulation of the Bureau.

For the purposes of the election of district representatives to the Bureau, Québec shall be divided into 17 electoral districts. Each of such electoral districts shall bear the name, comprise the territory and have the number of representatives following:

(1)  district of Abitibi: the territory of the judicial districts of Abitibi, Rouyn-Noranda and Témiscamingue; 1 representative;

(2)  district of Arthabaska: the territory of the judicial districts of Arthabaska, Drummond and Frontenac; 1 representative;

(3)  district of Beauharnois-Iberville: the territory of the judicial districts of Beauharnois and Iberville; 1 representative;

(4)  district of Bedford: the territory of the judicial district of Bedford; 1 representative;

(5)  district of Chambly-Laprairie: the territory of the judicial district of Longueuil; 1 representative;

(6)  district of Gaspé: the territory of the judicial districts of Bonaventure and Gaspé; 1 representative;

(7)  district of Hull: the territory of the judicial districts of Hull and Pontiac; 1 representative;

(8)  district of Joliette: the territory of the judicial district of Joliette; 1 representative;

(9)  district of Laval: the territory of the judicial district of Laval; 1 representative;

(10)  district of Montréal: the territory of the judicial district of Montréal; 5 representatives;

(11)  district of Québec-Beauce: the territory of the judicial districts of Beauce, Charlevoix, Mégantic, Montmagny and Québec; 4 representatives;

(12)  district of Rimouski: the territory of the judicial districts of Baie-Comeau, Kamouraska, Mingan and Rimouski; 1 representative;

(13)  district of Saguenay-Lac-St-Jean: the territory of the judicial districts of Alma, Chicoutimi and Roberval; 1 representative;

(14)  district of Saint-François: the territory of the judicial district of Saint-François; 1 representative;

(15)  district of Saint-Hyacinthe-Richelieu: the territory of the judicial districts of Richelieu and Saint-Hyacinthe; 1 representative;

(16)  district of Terrebonne: the territory of the judicial districts of Labelle and Terrebonne; 1 representative;

(17)  district of Trois-Rivières: the territory of the judicial districts of Saint-Maurice and Trois-Rivières; 1 representative.

The name and territory of each of the judicial districts are those contemplated in section 9 of the Territorial Division Act (chapter D-11) as it reads on 22 June 1989.

1968, c. 70, s. 75; 1973, c. 45, s. 26; 1975, c. 81, s. 58; 1989, c. 33, s. 1; 1994, c. 40, s. 394.

76. The electoral district representatives shall be elected by the notaries who have elected domicile therein in accordance with section 17.

1968, c. 70, s. 76; 1973, c. 45, s. 27; 1989, c. 33, s. 1.

77. Any notary shall be eligible for the position of electoral district representative if he

(1)  has elected domicile in the electoral district in accordance with section 17;

(2)  is neither disqualified nor in a situation of incompatibility within the meaning of the Code of ethics or Division VIII of this Act.

1968, c. 70, s. 77; 1973, c. 45, s. 28; 1989, c. 33, s. 1.

78. (1)  There shall be a vacancy on the Bureau:

(a)  whenever in a district no election has been held in conformity with this Act;

(b)  whenever an election has been annulled by final judgment of a competent court.

(2)  There shall also be a vacancy on the Bureau whenever

(a)  an electoral district representative

i.  dies;

ii.  resigns as a member of the Bureau in accordance with section 16;

iii.  resigns as a member of the Order in accordance with section 160;

iv.  is struck off the roll;

v.  is disqualified or is in a situation of incompatibility within the meaning of the Code of ethics or Division VIII of this Act;

vi.  elects domicile outside the electoral district for which he was elected;

vii.  fails, without a reason considered valid by the Bureau, to attend three consecutive meetings of the Bureau or to express himself through a means of communication and on the conditions prescribed by regulation made under the Professional Code (chapter C-26);

(b)  the president is in one of the situations provided for in subparagraphs i to v or vii of paragraph a.

1968, c. 70, s. 83; 1973, c. 45, s. 30; 1989, c. 33, s. 2; 1994, c. 40, s. 395.

79. Where one of the positions of electoral district representative becomes vacant during the first half of a term, the Administrative Committee, upon the written requisition of at least 10 % of the notaries of the electoral district concerned, transmitted to the secretary within a period of 45 days from the date on which the position became vacant, shall call an election to fill the vacancy and shall determine the date and procedure thereof. The closing of the poll shall take place within four months from the date on which the position became vacant.

If the election requisition is not made in accordance with the first paragraph, the Bureau shall fill the vacancy, following a vote by electoral district representatives, the president and, as the case may be, the de jure member, at its first meeting following the lapse of the said period of 45 days; if the vacancy occurs during the last half of a term, the Bureau shall fill such vacancy at its first meeting following the date on which the position became vacant by choosing, by a majority vote, one representative from among the eligible notaries of the district.

1968, c. 70, s. 84; 1973, c. 45, s. 31; 1974, c. 65, s. 61; 1989, c. 33, s. 3.

80. (1)  Meetings of the Bureau shall be held at the place and time determined by the Bureau or the Administrative Committee.

(2)  Nevertheless, the first meeting of the Bureau shall open before 1 July following the date of election of the members of the Bureau.

(3)  The Administrative Committee or the president may call special meetings and determine the place and time thereof.

(4)  Upon written requisition of a majority of the members of the Bureau the president or failing him the secretary shall call a special meeting.

(5)  Notice of each meeting must be given by the secretary to all members of the Bureau at least fifteen days before the day fixed for holding it; in the case of a special meeting the notice shall state the business to be considered thereat.

1968, c. 70, s. 85; 1973, c. 45, s. 33; 1974, c. 65, s. 62.

81. (1)  A majority of the members shall constitute a quorum at the meetings of the Bureau; every decision shall be taken by a majority vote of the members present or the members who express themselves on the decision through a means of communication and on the conditions prescribed by regulation made under the Professional Code (chapter C-26).

(2)  The president shall vote only when there is a tie vote.

1968, c. 70, s. 86; 1973, c. 45, s. 34; 1974, c. 65, s. 63; 1989, c. 33, s. 4; 1994, c. 40, s. 396.

§ 3 . — Officers of the Bureau

82. The president shall be elected by a general vote of the notaries who have deposited an election of domicile in accordance with section 17.

1968, c. 70, s. 87; 1973, c. 45, s. 36; 1989, c. 33, s. 5.

82.1. Any notary who has been entered on the roll for at least 5 consecutive years immediately preceding the date of the election for the presidency and who is neither disqualified nor in a situation of incompatibility within the meaning of the Code of ethics or Division VIII of this Act shall be eligible for the office of president.

1989, c. 33, s. 5.

82.2. Where the office of president becomes vacant in the first half of a term, the Administrative Committee shall call a general election to fill the vacancy and shall determine the date and procedure thereof. The closing of the poll shall take place within four months from the date on which the office became vacant.

If the vacancy occurs during the second half of the term, the Bureau shall fill the vacancy at its first meeting following the date on which the office became vacant by choosing, by a majority of the votes cast by secret ballot and from among the electoral district representatives, a president for the unexpired portion of the term.

The vice-president shall perform the duties of the president for as long as the vacancy remains unfilled.

1989, c. 33, s. 5.

82.3. The vice-president shall be elected from among the electoral district representatives by a majority of the votes of the elective members of the Bureau and, as the case may be, the de jure member, cast by secret ballot.

1989, c. 33, s. 5.

82.4. Where the office of vice-president becomes vacant, the Bureau shall fill the vacancy at its first meeting following the date on which the position became vacant by choosing, by a majority of the votes cast by secret ballot and from among the electoral district representatives, a vice-president for the unexpired portion of the term.

However, the Administrative Committee may fill the vacancy by choosing, from among the electoral district representatives, a vice-president who remains in office until the first meeting of the Bureau following the date on which the office became vacant.

1989, c. 33, s. 5.

83. (1)  The Bureau must appoint from among the notaries a secretary, a treasurer, a registrar and, if it sees fit, an assistant secretary and such other officers as it deems necessary. Such officers shall remain in office during good behaviour and while they are capable of acting or until their superannuation, in conformity with their conditions of employment.

(2)  It may also appoint any other person as assistant registrar and assistant treasurer, on such conditions and with such powers as it deems proper.

1968, c. 70, s. 88; 1973, c. 45, s. 37; 1990, c. 76, s. 6; 1994, c. 40, s. 397.

84. The president shall preside at the meetings of the Order, the Bureau and the Administrative Committee.

1968, c. 70, s. 89; 1973, c. 45, s. 38.

85. Where the president is absent or unable to act, the vice-president shall replace him and perform his duties during such absence or inability to act.

Where the vice-president is absent or unable to act, the Administrative Committee may choose a notary from among the other electoral district representatives to replace him and perform his duties during his absence or inability to act.

1968, c. 70, s. 90; 1989, c. 33, s. 6.

86. (1)  The secretary shall have custody of and be responsible for the archives. He shall draw up the minutes of the meetings of the Bureau and of the Administrative Committee, keep the registers, and certify and issue the copies of and extracts from the documents deposited with the Bureau or the Administrative Committee. He shall discharge such other duties as this act or the regulations impose on him or as may be specially entrusted to him by the Bureau, the Administrative Committee or the president.

(2)  He is the person authorized to certify the capacity and signatures of practising notaries.

(3)  The assistant secretary, under the direction of the secretary, shall perform the functions and duties of the latter and replace him when he is prevented from acting by illness, absence or other causes.

1968, c. 70, s. 93; 1973, c. 45, s. 40; 1994, c. 40, s. 398.

87. (1)  The treasurer shall be the depositary of the moneys and other securities of the Order. He shall collect the revenue, pay the authorized expenses and render an account thereof.

(2)  He shall discharge all other duties imposed on him by this Act or the regulations, or with which he may be specially entrusted by the Bureau, the Administrative Committee or the president.

1968, c. 70, s. 94; 1973, c. 45, s. 41.

88. (Repealed).

1968, c. 70, s. 95; 1973, c. 45, s. 42; 1989, c. 33, s. 7.

89. The Bureau may suspend or remove any officer for misconduct or inability to act, and appoint another in his stead; but no officer shall be removed by the Bureau except after inquiry followed by the vote of two-thirds of its members.

1968, c. 70, s. 96; 1973, c. 45, s. 43.

90. The officers of the Bureau shall be authorized to administer the oath to any notary or other person making a declaration which, under any provision of this Act or the regulations, must be supported by an oath, save in the case of a complaint against a notary.

1968, c. 70, s. 97; 1973, c. 45, s. 44.

91. All documents signed and all acts performed by assistant officers shall have the same probative effect and the same effect as regards third parties in good faith as if they were signed or performed by the officer himself.

1968, c. 70, s. 98.

§ 4 . — Powers of the Bureau

92. The Bureau shall exercise all the rights, powers and prerogatives of the Order except those within the jurisdiction of the members of the Order at general meetings.

1968, c. 70, s. 99; 1973, c. 45, s. 46.

93. The Bureau may, by regulation:

(1)  (subparagraph repealed);

(2)  ensure professional training, if it deems it expedient, define the conditions thereof, give the appropriate instruction and, for such purposes, establish and administer a school of professional training;

(3)  (subparagraph repealed);

(4)  maintain, by means of a central register, an information service respecting wills and codicils and revocations thereof executed en minute by notaries or deposited with them by testators and determine the formalities and conditions of such service;

(5)  establish standards respecting the uniformity of the format and quality of the paper used for minutes, copies, repertories and indexes;

(6)  (subparagraph repealed);

(7)  govern the practice of the profession by the members of the Order who work for a salary for persons other than practising notaries; but the Bureau shall not legislate in such field except with the concurrence of two thirds of its members;

(8)  establish and administer a notarial studies fund, fed by the payments from the Order, the gifts and legacies made for such purpose and the income from the general accounts kept in trust by the notaries in the performance of their duties in order to promote the quality of professional services, law reform, legal research, legal education and information and the establishment and maintenance of library services in law;

(9)  (subparagraph repealed);

(10)  maintain, by means of a central register, an information service respecting mandates given for the eventuality of the mandator’s inability pursuant to article 1731.1 of the Civil Code of Lower Canada or revocations thereof executed en minute by notaries or deposited with them by the mandator or the mandatary and determine the formalities and conditions applicable to such service.

The Bureau shall, by regulation, fix the duration of the term of office of the de jure member.

1968, c. 70, s. 100; 1972, c. 14, s. 94; 1973, c. 45, s. 47; 1974, c. 65, s. 64; 1975, c. 81, s. 59; 1977, c. 66, s. 23; 1983, c. 54, s. 57; 1989, c. 33, s. 8; 1990, c. 76, s. 7; 1994, c. 40, s. 399.

94. Section 95.1 of the Professional Code (chapter C-26) applies to a regulation adopted pursuant to subparagraphs 4, 5, 8 and 10 of the first paragraph of section 93 and pursuant to the second paragraph of that section.

1968, c. 70, s. 101; 1973, c. 45, s. 48; 1994, c. 40, s. 400.

95. (Repealed).

1968, c. 70, s. 102; 1973, c. 45, s. 49; 1994, c. 40, s. 401.

96. The Bureau may, by resolution:

(a)  recognize and promote local associations of notaries;

(b)  change the model of the seal and the information that it must bear;

(c)  determine the criteria according to which, upon the recommendation of the Administrative Committee, it may confer the title of honorary notary on a notary, or withdraw such title from him, and prescribe the conditions and modalities of its use and the rights and privileges related thereto.

1975, c. 81, s. 60; 1989, c. 38, s. 319; 1994, c. 40, s. 402.

§ 5 . — Administrative Committee

97. The Administrative Committee shall be established at the first meeting of the Bureau and the quorum thereof shall be fixed at 4 members.

The Administrative Committee shall consist of 6 members:

(1)  the president of the Order;

(2)  the vice-president of the Order;

(3)  three notaries elected from among the electoral district representatives, by a majority of the votes of the elective members of the Bureau and, as the case may be, the de jure member, cast by secret ballot;

(4)  one person elected from among the members of the Bureau appointed by the Office des professions du Québec, by a majority of the votes of the members of the Bureau, cast by secret ballot.

The date and procedure for electing the members who are contemplated in subparagraphs 3 and 4, the length of the term and the date and time of the taking of office of the Committee members shall be fixed by regulation of the Bureau. Section 95.1 of the Professional Code (chapter C-26) applies to the regulation.

Every decision shall be taken by a majority of members present or members who express themselves in respect of the decision through a means of communication and on the conditions prescribed by regulation made under the Professional Code.

In the case of a tie vote, the president shall have the casting vote.

A member of the Administrative Committee who, without a reason considered valid by the Committee, fails to attend three consecutive sittings or fails to express himself through a means of communication and on the conditions prescribed by regulation made under the Professional Code, shall be deemed to have resigned from his position and shall be replaced in the same manner as if his position were vacant.

1968, c. 70, s. 103; 1973, c. 45, s. 51; 1974, c. 65, s. 65, s. 109; 1989, c. 33, s. 9; 1994, c. 40, s. 403.

98. The members of the Administrative Committee shall remain in office until replaced.

1968, c. 70, s. 104; 1973, c. 45, s. 52.

99. Every vacancy occurring in the Administrative Committee, except in the case of the presidency and the vice-presidency, shall be filled by the Bureau in accordance with the provisions of section 97.

However, the Administrative Committee may fill the vacancy by choosing any person from among the electoral district representatives or the members appointed by the Office, as the case may be, until the first meeting of the Bureau following the date on which the position became vacant.

1968, c. 70, s. 105; 1973, c. 45, s. 53; 1989, c. 33, s. 10.

100. The Administrative Committee shall perform the duties and exercise the powers provided in section 96 of the Professional Code.

1968, c. 70, s. 106; 1973, c. 45, s. 54.

101. (Repealed).

1968, c. 70, s. 107; 1973, c. 45, s. 55; 1989, c. 33, s. 11.

102. The Administrative Committee shall hold its sittings as often as it deems necessary for the dispatch of business; the president may ex officio call any sitting of the Administrative Committee and fix the date and place thereof. Upon requisition by the majority of the members of the Administrative Committee, the secretary shall ex officio call such meeting.

1968, c. 70, s. 108; 1973, c. 45, s. 56.

103. The fiscal year of the Order shall end on 31 March.

1968, c. 70, s. 109; 1973, c. 45, s. 57.

104. (1)  (Subsection repealed).

(2)  As soon as an assessment becomes payable, no remission thereof can be made unless the notary has ceased to practise, owing to death or for any other reason.

(3)  Nevertheless, the Bureau upon the recommendation of the Administrative Committee, may, in cases where a notary is physically or mentally incapable of expressing his intention to resign, remit any assessment then due.

1968, c. 70, s. 110; 1973, c. 45, s. 58; 1975, c. 81, s. 61; 1994, c. 40, s. 404.

105. (1)  Arrears of assessments shall be recoverable from the notary or his heirs and representatives.

(2)  In any action brought under this section, it shall be sufficient to designate the defendant by his name and professional domicile as entered in the notarial register kept under Division X of this Act.

1968, c. 70, s. 111; 1994, c. 40, s. 405.

106. The treasurer shall deposit in the name of the Order, in the financial institutions approved by the Bureau, the moneys which he has collected for the Order; such moneys may be withdrawn only by cheques or orders signed by the president of the Order or its vice-president and countersigned by its treasurer.

1968, c. 70, s. 112; 1973, c. 45, s. 59.

DIVISION VII

Repealed, 1994, c. 40, s. 406.

1994, c. 40, s. 406.

107. (Repealed).

1968, c. 70, s. 113; 1973, c. 45, s. 60; 1994, c. 40, s. 406.

108. (Repealed).

1968, c. 70, s. 115; 1973, c. 45, s. 62; 1994, c. 40, s. 406.

109. (Repealed).

1968, c. 70, s. 116; 1973, c. 45, s. 63; 1994, c. 40, s. 406.

110. (Repealed).

1968, c. 70, s. 117; 1973, c. 45, s. 64; 1994, c. 40, s. 406.

111. (Repealed).

1968, c. 70, s. 118; 1973, c. 45, s. 65; 1994, c. 40, s. 406.

112. (Repealed).

1968, c. 70, s. 119; 1973, c. 45, s. 66; 1994, c. 40, s. 406.

113. (Repealed).

1968, c. 70, s. 120; 1973, c. 45, s. 67; 1994, c. 40, s. 406.

114. (Repealed).

1968, c. 70, s. 121; 1994, c. 40, s. 406.

115. (Repealed).

1968, c. 70, s. 122; 1973, c. 45, s. 68; 1979, c. 87, s. 1.

116. (Repealed).

1968, c. 70, s. 123; 1973, c. 45, s. 69; 1994, c. 40, s. 406.

117. (Repealed).

1968, c. 70, s. 124; 1973, c. 45, s. 70; 1994, c. 40, s. 406.

118. (Repealed).

1968, c. 70, s. 125; 1973, c. 45, s. 71; 1994, c. 40, s. 406.

DIVISION VIII DISQUALIFICATION AND INCOMPATIBILITY

119. (1)  Any notary who practises a profession, business or trade or who holds an office or function declared by the regulations to be incompatible with the practice of the notarial profession must give notice thereof to the secretary of the Order without delay.

(2)  He shall then assign his records to another notary or deposit them in accordance with subdivision 2 of Division XIII of this Act.

(3)  Within fifteen days after the date of deposit of his records, he shall give notice thereof to the secretary of the Order.

1968, c. 70, s. 126; 1973, c. 45, s. 72.

120. (1)  Any notary placed under protective supervision shall be suspended de jure from the exercise of his office until he has been relieved therefrom by the competent authority. The same shall apply to any notary placed under confinement in a health or social services institution pursuant to a court decision under article 30 of the Civil Code.

(2)  The clerk shall notify the secretary of the Order without delay of any such institution of protective supervision or any such court decision.

1968, c. 70, s. 127; 1971, c. 48, s. 161; 1972, c. 44, s. 66, s. 67; 1973, c. 45, s. 73; 1989, c. 54, s. 179; 1992, c. 21, s. 193; 1997, c. 75, s. 46.

121. (1)  Any notary who makes an assignment of his property for the benefit of his creditors or against whom a receiving order is made shall not practise his profession until he has obtained his discharge under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).

(2)  Such incompatibility shall not apply to a notary who has made a proposal accepted by his creditors.

1968, c. 70, s. 128.

122. (1)  Any notary who has been deprived of the practice of his profession for reasons of incompatibility may, if he owes nothing to the Order and has no disciplinary penalty to undergo, provided he obtains the consent of the Administrative Committee, resume the practice of his profession when his incapacity has ceased. The Administrative Committee may refuse such consent after having given the notary an opportunity to be heard.

(2)  Such notary must give notice to the secretary of the Order of the cessation of his incapacity and of his intention to resume the practice of his profession.

(3)  A notary who has deposited his records may recover them upon the conditions set out in section 155 and a notary who has assigned them to another notary shall be subject to the restriction set out in section 67.

1968, c. 70, s. 131; 1973, c. 45, s. 75.

DIVISION IX ILLEGAL PRACTICE OF THE PROFESSION

123. (1)  Every person who illegally practises the profession of notary is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).

(2)  (Subsection repealed).

1968, c. 70, s. 132; 1973, c. 45, s. 76; 1990, c. 4, s. 613; 1992, c. 61, s. 422.

124. Any person other than a practising notary practises the notarial profession contrary to section 123 who:

(a)  usurps the functions of a notary;

(b)  assumes, orally or in writing, directly or indirectly, the title of notary, whether he uses it alone or with other words;

(c)  advertises himself as a notary in any manner or by any means;

(d)  acts so as to lead to the belief that he is authorized to perform a notary’s functions or to draw up notarial deeds.

1968, c. 70, s. 133.

125. Every notary who, having been removed from office or resigned, causes the prefix “Maître”, “Mtre” or “Me” to be placed before his name also shall be deemed to practise the notarial profession contrary to section 123.

1968, c. 70, s. 134.

126. (1)  Every person who, not being a practising notary, directly or indirectly shares the fees, commissions or other professional earnings of a notary, wholly or in part, or has the same abandoned to him or to any other person, in consideration of legal business which he procures or promises to procure for such notary, shall be liable to the fines prescribed by section 123.

(2)  The provisions of this section shall not apply to the consort, heirs or legatees of a deceased notary, respecting the agreements which may be entered into between the notary who is assignee of the records of the deceased notary and the consort, heirs or legatees of the assignee.

1968, c. 70, s. 135.

DIVISION X NOTARIAL REGISTER

127. The secretary shall keep up to date a notarial register in which he shall enter:

(a)  the names and elected domicile of all practising notaries, in accordance with sections 17 and 18;

(b)  the names and address of honorary notaries;

(c)  the names of all notaries who have ceased to practise, with the name of the assignee of their records or the place where they have been deposited.

The part of the register described in subparagraph a of the first paragraph replaces the roll of the Order.

1968, c. 70, s. 136; 1973, c. 45, s. 77; 1974, c. 65, s. 66; 1983, c. 54, s. 58.

128. The Bureau may order the printing and distribution to practising notaries of a roll containing such information as it prescribes.

1968, c. 70, s. 137; 1973, c. 45, s. 78.

DIVISION XI REGISTER OF WILLS

129. The Order shall keep at its head office a register of the wills, codicils and revocations of wills executed enminute by notaries or deposited with them by testators.

1968, c. 70, s. 138; 1973, c. 45, s. 79; 1977, c. 66, s. 24.

130. Such register shall be kept in accordance with the formalities and conditions determined by the regulations.

1968, c. 70, s. 139.

131. The Bureau, by regulation, may determine the fees payable for the entry of the wills, codicils and revocations of wills in the register of wills and the fees payable by any person who examines such register.

1968, c. 70, s. 140; 1973, c. 45, s. 80.

132. The giving by the Order of information respecting wills, codicils or revocations of wills executed enminute by notaries or deposited with them by testators, shall not engage the responsibility of the Order for mistakes or omissions.

1968, c. 70, s. 141; 1973, c. 45, s. 81; 1977, c. 66, s. 25.

133. Before the tenth of each month, the notary shall send to the registrar, in a sealed envelope, a list of the wills, codicils and revocations of wills executed enminute or received for deposit during the preceding month, with the amount of costs fixed by the Bureau for each entry.

Such list, prepared on a special form supplied exclusively by the Bureau, must contain the information determined by the regulations and be signed by the notary, his attorney or the provisional guardian.

The notary who has not executed a will, codicil or revocation of a will enminute or received such an act for deposit during such period shall, unless exempted therefrom by regulation, report the fact on the same form and within the same delay.

1975, c. 81, s. 62; 1977, c. 66, s. 26.

134. The registrar shall send a notice, by registered or certified mail, to every notary failing to fulfil the obligations provided in section 133.

The cost of such notice shall be $10; it shall be charged to the notary in default in addition to the cost of postage and registration or certification.

Proof of the sending of such notice may be made by the oath of the registrar or his agents.

1975, c. 81, s. 62; 1975, c. 83, s. 84.

135. The notary who, within eight days of the sending of such notice, has not remedied his default, is guilty of an offence and incurs a fine of $50, recoverable, in default of voluntary payment, in accordance with the procedure determined in Division VII of Chapter IV of the Professional Code (chapter C-26).

Any contravention to the obligations of section 133 shall also render him liable to the penalties provided in section 156 of the Professional Code.

1975, c. 81, s. 62.

DIVISION XI.1 REGISTER OF MANDATES GIVEN IN ANTICIPATION OF THE MANDATOR’S INCAPACITY

1990, c. 76, s. 8.

135.1. Sections 129 to 132 of this Act apply, adapted as required, to the register established under subparagraph 10 of section 93.

1990, c. 76, s. 8.

135.2. The notary, within three working days of the execution of every mandate or revocation executed en minute or received for deposit, must send to the registrar, in a sealed envelope, a notice of the mandate or revocation executed en minute or received for deposit, with the amount of cost fixed by regulation for each entry.

Such notice, prepared on a special form supplied exclusively by the Bureau, must contain the information determined by regulation and be signed by the notary, his attorney or the provisional guardian.

1990, c. 76, s. 8.

DIVISION XII TRUST ACCOUNTING

136. The notary must keep adequate accounting records of the sums of money, valuables and other property entrusted to him, in the manner determined by regulation adopted in accordance with the Professional Code (chapter C-26).

1975, c. 81, s. 62; 1994, c. 40, s. 407.

137. The secretary shall send a notice, by registered or certified mail, to every notary failing to fulfil the obligations relating to trust accounting.

The cost of such notice shall be $10; it shall be charged to the notary in default in addition to the cost of postage and registration or certification.

Proof of the sending of such notice may be made by the oath of the secretary or his agents.

1975, c. 81, s. 62; 1975, c. 83, s. 84.

138. The notary who fails within thirty days of the sending of the notice to remedy the default is guilty of an offence and incurs a fine of $50, recoverable, in default of voluntary payment, in accordance with the procedure determined in Division VII of Chapter IV of the Professional Code (chapter C-26).

Any contravention to the regulations relating to trust accounting shall also render him liable to the penalties provided in section 156 of the Professional Code.

1975, c. 81, s. 62.

DIVISION XIII CUSTODY AND DEPOSIT OF RECORDS

§ 1 . — Provisional custody

139. (1)  As long as the records have not been permanently transferred or, where deposit is necessary, have not been deposited, the Administrative Committee or the president may appoint a provisional guardian of the records of any notary who dies, permanently leaves Québec, is suspended or removed from office, becomes unable to practise in consequence of physical or mental incapacity, voluntarily ceases to practise, resigns or engages in any activity declared incompatible by this act or the regulations.

(2)  A provisional guardian may also be appointed of the records of any notary against whom there is a complaint or accusation or who is absent from his office for more than fifteen days without having appointed an attorney to certify and issue copies of the deeds in his records.

1968, c. 70, s. 153; 1973, c. 45, s. 84.

140. (1)  The Administrative Committee or the president may request that the files relating to any notary’s records that may be subject to provisional custody be placed under seal until a provisional guardian is appointed or until the records are transferred or deposited. Such request shall be made by motion to the clerk for the district in which the notary to whom the records belong last practised. The clerk shall have full and complete jurisdiction in the matter.

(2)  The clerk seized of the motion shall order the files relating to such records to be placed under seal, notwithstanding any written or oral contestation, until final judgment is rendered on the motion.

1968, c. 70, s. 154; 1973, c. 45, s. 85; 1992, c. 57, s. 634.

141. The provisional guardian must be a practising notary. The warrant appointing him must state the duration of the custody which may be extended upon its expiration until the final disposal of the records. The warrant shall also state in what manner the guardian shall dispose of the files relating to the records in his custody.

1968, c. 70, s. 155.

142. Any person in possession of the records to which a provisional guardian is appointed shall remit the same to the guardian with the files relating thereto, as soon as the notice of appointment of the provisional guardian is served upon him. Any delay in doing so shall render such person liable to a fine of $25 for each day’s delay from the service of the notice. If the person who infringes this section is a notary, he shall also be liable to the disciplinary penalties prescribed by the Professional Code (chapter C-26).

1968, c. 70, s. 156; 1973, c. 45, s. 86; 1990, c. 4, s. 614.

143. Upon the refusal or neglect of any person to comply with the requirements of section 142, the syndic, upon the president’s order, shall forthwith take possession of the records subject to provisional custody and of the files relating thereto, through a bailiff or otherwise, and remit the same to the provisional guardian.

1968, c. 70, s. 157.

144. (1)  If the person in possession of the records refuses to allow the syndic to take possession thereof, the latter, on the president’s order, must by a motion to the Superior Court or to a judge of such court, accompanied by an affidavit in support of its allegations, apply in the name of the Order for the issuance of an order for the delivery of the said records and files to the provisional guardian. Such motion shall be served upon the party in the case at least one clear day before its presentation, or, in the event of absence, in the manner determined by the court or judge. Such motion may be presented and heard at any time, in term or in vacation.

(2)  The court or judge seized of the motion, after any further evidence deemed necessary, shall order the immediate delivery to the provisional guardian of the said records and files, notwithstanding any written or oral contestation, until final judgment is rendered on the motion.

1968, c. 70, s. 158; 1973, c. 45, s. 87.

145. (1)  The provisional guardian, for the duration of his guardianship, shall be the legal depositary of the records under custody and the guardian of the files relating thereto. He alone, to the exclusion of the notary whose records are under custody, may issue copies of and extracts from the minutes and annexes in such records and such copies and extracts, certified by him, shall be authentic. The vidimus of the copies and extracts that he issues shall mention the date and duration of his guardianship and the date of issue of the copy or extract.

(2)  In addition to his disbursements, the provisional guardian shall be entitled to the fees fixed by the Administrative Committee; such costs shall be charged to the notary whose records are under provisional custody. However, in the case of a provisional custody ordered following a complaint or accusation, the Administrative Committee, after a decision on such complaint or accusation is decided, shall determine whether the notary in the case or the Order shall be required to pay such costs.

(3)  The guardian shall also be entitled to the usual fees for the searches that he makes and for the copies and extracts that he issues.

1968, c. 70, s. 159; 1973, c. 45, s. 88.

146. When the assignment of records under provisional custody is authorized by the Bureau, or the deposit thereof is ordered, the provisional guardian, upon notification by the secretary, shall forthwith hand over such records to the notary to whom they have been assigned, together with the files relating thereto which he has not yet delivered to the person entitled to them, or deposit such records in the office of the clerk of the Superior Court for the district, as the case may be, even if his mandate has not yet expired.

1968, c. 70, s. 160; 1973, c. 45, s. 89.

§ 2 . — Deposit of records

147. (1)  Upon the expiry of the period for which the records have been assigned, in accordance with section 69, the notary who is the assignee thereof shall deposit them in the office of the Superior Court for the judicial district in which he practises.

(2)  The Administrative Committee, for reasons of public interest, may order that they be deposited in another judicial district.

1968, c. 70, s. 161; 1973, c. 45, s. 90.

148. (1)  The records of every notary who dies or has permanently left Québec or who, for any other reason, ceases to practise or has no longer the right to do so, shall be deposited by the notary himself, or by his spouse, his children, his heirs, his legatees, his testamentary executors or other representatives or by the person who has possession of them, as the case may be, in the office of the prothonotary of the Superior Court for the district in which the notary last practised his profession, unless the Administrative Committee orders that they be deposited in another district.

(2)  This section shall apply also to records of which the notary concerned is the assignee, notwithstanding the term fixed by the order in council or by the order of the Bureau authorizing the transfer of such records.

(3)  The Administrative Committee shall have power to settle any dispute respecting the obligation to deposit records in the cases contemplated in this section. The decision of the Administrative Committee shall be final and the order given by the Administrative Committee for the deposit of the records shall oblige the holder of such records to comply therewith.

(4)  Such deposit shall be made within eight days of the event giving rise to it or of the order of the Administrative Committee, but in the case of the death of a notary, such delay shall be thirty days.

(5)  This section shall not apply to records for which a provisional guardian has been appointed, for the duration of the guardianship, or to records assigned in accordance with this act, for the duration of the assignment, or to the records of any notary who, having ceased to practise, is allowed by this act to retain his records until another event occurs which would give rise to the deposit of the records.

1968, c. 70, s. 162; 1973, c. 45, s. 91.

149. The clerk shall immediately notify the secretary of the Order of every deposit of records; he shall not be entitled to any fee for such notice.

1968, c. 70, s. 163; 1973, c. 45, s. 92.

150. The Administrative Committee may order the deposit, pending a decision, of the records of any notary against whom there is an accusation or complaint of a disciplinary nature. Such notary shall deposit his records within forty-eight hours of the service which must be made upon him of such order.

1968, c. 70, s. 164; 1973, c. 45, s. 93.

151. The deposit of a notary’s records entails the deposit of the files relating thereto unless the Administrative Committee adopts other measures to ensure the custody of the files and the delivery thereof to the parties concerned.

1968, c. 70, s. 165; 1973, c. 45, s. 94.

152. Every person required to make a deposit of records who refuses or neglects to do so shall be liable to a fine of $25 for each day’s delay, counting from the expiration of the delay during which the deposit is required to be made. If the person in default is a notary, he shall also be liable to the disciplinary penalties prescribed by the Professional Code.

1968, c. 70, s. 166; 1973, c. 45, s. 95.

153. (1)  In the case of refusal or neglect by any person required to make a deposit to do so within the required delay, sections 143 and 144 shall apply mutatismutandis to the recovery by the syndic of the records and documents relating thereto.

(2)  As soon as the records come into the syndic’s possession, he shall deposit them himself.

(3)  The costs occasioned by the deposit of the records shall be charged to the person required to make the deposit, except in cases where the deposit is ordered following a complaint or accusation of a disciplinary nature, in which case the committee on discipline or the appeal tribunal in rendering its decision, shall determine whether the notary in question or the Order shall pay such costs.

1968, c. 70, s. 167; 1973, c. 45, s. 96.

154. Records deposited with clerks shall form part of the archives of the Superior Court.

1968, c. 70, s. 168.

155. (1)  The notary whose records have been deposited may obtain the retrocession thereof if he resumes the practice of his profession.

(2)  Nevertheless the clerk shall not remit his records unless the notary:

(a)  furnishes him with a certificate from the secretary of the Order attesting that he is entitled to resume the practice of his profession and that all his dues to the Order have been paid;

(b)  previously pays the costs of the clerk.

1968, c. 70, s. 169; 1973, c. 45, s. 97.

156. The deposit of a notary’s records shall not prevent the assignment thereof in accordance with this Act.

1968, c. 70, s. 170.

§ 3 . — Fees from deposited records

157. (1)  A prothonotary who is depositary of the records of a notary must, for ten years from the date of the deposit, remit to such notary or to his heirs or, when there has been an assignment, to the assignee or his heirs, one-half of the fees received for searches, copies and extracts.

(2)  The amount of such fees shall not be deemed to be derived from the estate and the receipt of such amount shall not constitute an acceptance of the estate.

1968, c. 70, s. 171.

158. The clerk may nevertheless deduct from the fees payable under section 157 the amount which the Attorney General has authorized him to pay for preparing the index or repertory of a notary’s records deposited in his office and for putting such records in good order, and for the costs occasioned by the taking possession of the records.

1968, c. 70, s. 172.

159. (1)  The portion of the fees which the clerk must remit under section 157 shall not be liable to seizure.

(2)  Nevertheless, before remitting such half of the fees to those entitled thereto, the clerk shall pay to the Order, by preference, the amount of arrears of subscriptions and the costs due to the Order by the notary whose records are thus deposited, according to the statement produced and certified by its treasurer.

1968, c. 70, s. 173; 1973, c. 45, s. 98.

§ 4 . — Resignation of notaries

160. Any practising notary who wishes to resign shall notify the Bureau thereof. The resignation shall take effect on the date agreed upon by the notary and the Bureau.

1968, c. 70, s. 174; 1973, c. 45, s. 99; 1986, c. 95, s. 205.

161. As soon as his resignation takes effect, the resigning notary shall cease to be a member of the Order and must dispose of his records and the files relating thereto, by assignment to another notary or by deposit in the office of the clerk of the Superior Court, in accordance with this Act or the regulations.

1968, c. 70, s. 175; 1986, c. 95, s. 206; 1994, c. 40, s. 408.

162. The resigning notary may resume the practice of his profession with the consent of the Administrative Committee. The Administrative Committee may refuse such consent after giving the notary an opportunity to be heard. If he obtains such consent, the notary readmitted to practice shall be subject to sections 122 and 155.

1968, c. 70, s. 176; 1973, c. 45, s. 100.

DIVISION XIV PENAL PROVISIONS

1992, c. 61, s. 423.

163. Any sheriff or clerk who refuses or neglects to fulfil any of the duties imposed upon him by this Act shall be liable to a fine of not more than $50 for each offence.

1968, c. 70, s. 177.

DIVISION XV

This Division ceased to have effect on 17 April 1987.

164. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 70 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 248 and 249, effective from the coming into force of chapter N-2 of the Revised Statutes.

Section 31 of this Act will be amended upon the coming into force of section 27 of chapter 51 of the statutes of 1998 on the date fixed by order of the Government.