N-3, r. 10 - Regulation respecting the records and files of a notary who ceases to practise, the resumption of practice and power of attorney

À jour au 1^er janvier 2016

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chapter N-3, r. 10

Regulation respecting the records and files of a notary who ceases to practise, the resumption of practice and power of attorney

Notaries Act

(chapter N-3).

Professional Code

(chapter C-26, s. 91).

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Chamber” means the Chambre des notaires du Québec;

(b)  “assignee” means the notary to whom are assigned the records and files of a notary when the latter dies or ceases to practise;

(c)  “files” means the files, books and registers that a notary must keep in the practice of his profession and including the files relating to a notary’s records, within the meaning of paragraph f of section 1 of the Notarial Act (chapter N-2);

(d)  “provisional custodian” means the notary to whom are assigned the records and files of a notary who has died or ceases to practise until the deposit or the assignment of such records and files has taken place;

(e)  “secretary” means the secretary of the Chamber;

(f)  “vidimus” means an attestation by which the copy of a recorded deed is certified to be in conformity with the original after having been verified with the latter.

R.R.Q., 1981, c. N-2, r. 9, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. N-2, r. 9, s. 1.02.

1.03. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means for the keeping of records.

R.R.Q., 1981, c. N-2, r. 9, s. 1.03.

1.04. An agreement respecting the transfer of the records and files of a notary who ceases to practise must be certified in writing.

R.R.Q., 1981, c. N-2, r. 9, s. 1.04.

1.05. The assignee or the provisional custodian, as the case may be, must, within 30 days following the date on which he takes possession of the records and files of a notary who ceases to practise, publish twice in a newspaper which serves the region where such notary practised, a notice indicating his address, his telephone number and his office hours and informing the public that he is in possession of the records and files of that notary. A copy of the said notice shall be forwarded to the secretary.

R.R.Q., 1981, c. N-2, r. 9, s. 1.05.

DIVISION II PROVISIONAL CUSTODY

2.01. The executive committee or the president of the Chamber may use the form prescribed in Schedule 1 when appointing a provisional custodian of records in accordance with section 139 of the Notarial Act (chapter N-2).

R.R.Q., 1981, c. N-2, r. 9, s. 2.01.

2.02. When it becomes necessary to give notice of the appointment of a provisional custodian of such records to the person who is in possession of the records of a notary, the secretary may use the form appearing in Schedule 2.

R.R.Q., 1981, c. N-2, r. 9, s. 2.02.

2.03. A notary appointed provisional custodian of records may use the form appearing in Schedule 3 as vidimus.

R.R.Q., 1981, c. N-2, r. 9, s. 2.03.

2.04. The fees payable for the appointment of a provisional custodian or for the renewal of such appointment are $15.

R.R.Q., 1981, c. N-2, r. 9, s. 2.04.

DIVISION III ASSIGNMENT OF RECORDS

3.01. The application for assignment of records must be prepared in the form appearing in Schedule 4 and be supported by the following documents:

(a)  the deed or the document indicating the assignment or the transfer of records in favour of the applicant;

(b)  a report prepared in accordance with Schedule 5 and signed by the applicant certifying the state of the minutes and their number, and indicating those that are missing; and

(c)  a certificate which conforms to Schedule 6 from the treasurer attesting that any contribution or any cost due to the Chamber from the assigning or deceased notary and from the assignee has been paid.

R.R.Q., 1981, c. N-2, r. 9, s. 3.01.

3.02. The notary who is the assignee of records may utilize one of the forms which appear in Schedule 7 as vidimus.

R.R.Q., 1981, c. N-2, r. 9, s. 3.02.

3.03. The fees payable in the case of the assigning of records are as follows:

(a)  to obtain from the executive committee the assignment of a notary’s records: $150; and for each of the other records included in the same assignment: $50;

(b)  to obtain from the executive committee the extension of an assignment of records: $75.

R.R.Q., 1981, c. N-2, r. 9, s. 3.03.

DIVISION IV RESUMPTION OF PRACTICE

4.01. A notary who has ceased to practise and who wishes to resume practice must support his application to the executive committee with the following documents:

(a)  a certificate of the treasurer attesting that no dues are owing to the Chamber;

(b)  a sum sufficient to pay his contribution for the current year; and

(c)  if he has assigned his records and wishes to resume practice in the same district, the written consent of the assignee.

R.R.Q., 1981, c. N-2, r. 9, s. 4.01.

DIVISION V POWER OF ATTORNEY

5.01. The notary who is the attorney of a colleague may use the form appearing in Schedule 8 as vidimus.

R.R.Q., 1981, c. N-2, r. 9, s. 5.01.

SCHEDULE 1

(s. 2.01)

APPOINTMENT OF A PROVISIONAL CUSTODIAN OF RECORDS, FILES AND OTHER DOCUMENTS BY THE EXECUTIVE COMMITTEE OR THE PRESIDENT

To Mtre _____________________________________________________________________________ notary

Whereas:

Mtre ______________________________________ notary, practising at ______________________________ is (deceased, disbarred, disqualified from practice, has resigned, etc. __________________, as the case may be);

It is in the public interest that his records, files and other documents, as well as those of which he is the assignee, be entrusted to a provisional custodian.

Therefore, the executive committee of the Chambre des notaires du Québec (or I, the undersigned, _____________________________________ president of the Chambre des notaires du Québec), in virtue of the powers conferred by section 139 of the Notarial Act (chapter N-2), hereby appoint(s) and constitute(s) Mtre _______________________ notary practising at ____________________________ provisional custodian of the minutes, repertory, index, files, titles and other documents of the said Mtre __________________________ for a term of ____________ months beginning this day, in order that the provisional custodian thus constituted may, according to the terms and provisions of the previously cited Act, issue authentic copies or extracts of the minutes and annexes of the said records, and return the files, titles and other documents committed to his custody to the respective owners upon request (or indicate the manner of disposing thereof), with entitlement to fees.

Signed at __________________________________ this _______ day of _____________________ 20________

R.R.Q., 1981, c. N-2, r. 9, Sch. 1.

SCHEDULE 2

(s. 2.02)

NOTICE OF THE APPOINTMENT OF A PROVISIONAL CUSTODIAN

To _________________________________________________________________________________

(name, occupation, residence)

---

Notice is given you that Mtre ___________________________________________________________

residing at ______________________________ and practising at ______________________________, has been appointed provisional custodian of the records, files and other documents of Mtre _________________, notary, as indicated on the warrant notice, a certified copy of which is hereby notified to you.

Should you not remit to the provisional custodian the records, files and other documents of the said Mtre ______________________________ as well as those of which he is the assignee, you will be rendered liable, under section 142 of the Notarial Act (chapter N-2), to a fine of $25 for each day’s delay from the notification of the notice and, upon failure to pay the fine, to imprisonment for not more than one month. (If the person who infringes the said section is a notary, he shall also be liable to the disciplinary penalties prescribed by the Professional Code (chapter C-26).

IN WITNESS THEREOF I have signed at ________________________________________________

this ______________________ day of the month of ______________________________ 20________.

Secretary of the Chambre des notaires du Québec

R.R.Q., 1981, c. N-2, r. 9, Sch. 2; I.N. 2016-01-01 (NCCP).

SCHEDULE 3

(s. 2.03)

VIDIMUS OF A NOTARY MADE PROVISIONAL CUSTODIAN

As true copy of the minute forming part of the records of Mtre ______________________________ (name of the notary), notary (indicate if the notary is deceased, unable to practise, etc.) who practised at ______________________________ (indicate if such records were those of which such notary was the assignee), of which I, ______________________________ (name of the provisional custodian), am the provisional custodian for a duration of ______________________________ beginning ______________________________ and ending ______________________________ as indicated by the order of the president of the Chambre des notaires du Québec (or the executive committee), dated ____________________________________________________________________________________

Sent on _____________________________________________________________________________

---

Provisional custodian

R.R.Q., 1981, c. N-2, r. 9, Sch. 3.

SCHEDULE 4

(s. 3.01)

Canada

Province of Québec

District of ______________________________

MOTION TO OBTAIN THE ASSIGNMENT OF THE RECORDS OF A NOTARY

To the board of directors of the Chambre des notaires du Québec.

I, ______________________________ notary, domiciled at ______________________________ and practising at ______________________________ judicial district of ______________________________ state the following facts:

I am the assignee of the records of ______________________________ (indicate whether the notary is deceased, has ceased practice or has resigned), notary practising at ______________________________ judicial district of ______________________________ (indicate whether such records are those to which the assigning or deceased notary succeeded) under ______________________________ (indicate the title of the assignment: gifts, agreement, will; by whom: the notary or his heirs or beneficiaries);

I furnish, in support of this motion, the documents mentioned in section 3.01 of the Regulation respecting the records and files of a notary who ceases to practise, the resumption of practice and power of attorney (chapter N-3, r. 10).

May it please the board of directors of the Chambre des notaires du Québec to grant to your applicant the assignment of such minutes, repertory and index for the purpose of forwarding the copies or extracts thereof.

Signed at ______________________________, on _____________________________ 20__________

---

Notary

R.R.Q., 1981, c. N-2, r. 9, Sch. 4.

SCHEDULE 5

(s. 3.01)

Canada

Province of Québec

District of ______________________________

REPORT ON THE STATE OF THE RECORDS FOR WHICH ASSIGNMENT IS REQUESTED

I the undersigned, assignee of the records of Mtre ______________________________ notary practising in the district of ______________________________ certify:

(1) that the minutes found in such records are in perfect state of preservation (or as the case may be);

(2) that the number of the said minutes is ______________________________ numbered from ______________________________ to ______________________________ executed from ______________________________, the date of the first minute and that the number of the last minute is ______________________________ and is dated ______________________________;

(3) that the number of the missing minutes is ______________________________ (indicate the number and the nature of the missing minutes).

IN WITNESS THEREOF I have signed the present report at ______________________________ this __________ day of ______________________________ 20__________

---

Assignee notary

R.R.Q., 1981, c. N-2, r. 9, Ann. 5.

SCHEDULE 6

(s. 3.01)

CERTIFICATE OF THE TREASURER CERTIFYING THAT THE ASSIGNING OR DECEASED NOTARY AND THE ASSIGNEE HAVE NO OUTSTANDING DEBTS WITH THE CHAMBER

I ______________________________, treasurer of the Chambre des notaires du Québec, certify that all contributions or costs owing the Chamber have been discharged by the assigning (or deceased) notary and by the assignee.

Signed at ___________________________, this __________ day of ___________________________ 20__________

---

Treasurer of the Chambre des notaires du Québec

R.R.Q., 1981, c. N-2, r. 9, Sch. 6.

SCHEDULE 7

(s. 3.02)

VIDIMUS OF A NOTARY WHO IS THE ASSIGNEE OF RECORDS

(after 1 February 1974)

As true copy of the minute forming part of the records of Mtre ______________________________ notary (state if the notary is deceased, unable to practise, or has resigned, as well as residence and district prior to assignment), sent by me, ______________________________ (name of the assignee), notary, resident at ___________________________ and practising at ___________________________ assignee with the permission of the executive committee, as appears in a resolution dated ______________________________

Copy sent on _______________________________________________________________________

---

Notary

(Before 1 February 1974)

As true copy of the minute forming part of the records of Mtre ______________________________ notary (indicate whether the notary is deceased, unable to practise or has resigned, as well as residence and district prior to assignment), sent by me, ______________________________, (name of assignee) notary, resident at ___________________________ and practising at ___________________________ assignee with the permission of the Chambre des notaires du Québec (or of the Government, as the case may be) as appears on the order of the Chambre des notaires du Québec (or in an order in council published in the Gazette officielle du Québec as the case may be) dated __________________________

Copy sent on _______________________________________________________________________

---

Notary

R.R.Q., 1981, c. N-2, r. 9, Sch. 7.

N.B. The note “Assignee according to the order in council published in the Gazette officielle du Québec, (year, volume, page)” must only be used if records assigned before 26 February 1953 are involved. After that date, there has been no publication in the Gazette Officielle du Québec.

SCHEDULE 8

(s. 5.01)

VIDIMUS OF A NOTARY HAVING POWER OF ATTORNEY

As true copy of the minute forming part of the records of Mtre ______________________________ (name, residence and district), notary (indicate if the power of attorney of the records concerned has been assigned) of which I, ______________________________ (name of the notary having power of attorney) have power of attorney for the duration of ______________________________ beginning on ______________________________ and ending on ______________________________ as indicated by the power of attorney received before Mtre ______________________________ notary on ______________________________ under number ______________________________ of these minutes.

Copy sent on ________________________________________________________________________

---

Notary

(1) Indicate the fact of military service, if applicable, and, if the power of attorney is a simple contract, the name of the notary with whom it is deposited and the date.

R.R.Q., 1981, c. N-2, r. 9, Sch. 8.

REFERENCES

R.R.Q., 1981, c. N-2, r. 9

S.Q. 2008, c. 11, s. 212