n-3, r. 0.2 - Regulation respecting the professional activities that may be engaged in by persons other than notaries

À jour au 28 avril 2022

Ce document a valeur officielle.

chapter N-3, r. 0.2

Regulation respecting the professional activities that may be engaged in by persons other than notaries

Notaries Act

(chapter N-3, s. 15.1, 2nd par.).

Act to improve justice accessibility and efficiency, in particular to address consequences of the COVID-19 pandemic

(2020, c. 29, s. 62).

Professional Code

(chapter C-26, s. 94, 1st par., subpar. h).

DIVISION I OBJECT

O.C. 653-2022, Div. I.

1. The object of this Regulation is to determine the terms and conditions according to which the following persons may engage in certain of the professional activities reserved to notaries:

(1)  a person who is registered in an undergraduate study program leading to one of the diplomas, the combination of which meets the requirements for the permit issued by the Chambre des notaires du Québec, and who earned 45 credits in that program;

(2)  a person who holds an undergraduate diploma, the combination of which meets the requirements for the permit issued by the Order or whose diploma or training equivalence has been recognized for the purpose of issuing such a permit pursuant to a regulation under paragraphs c and c.1 of section 93 of the Professional Code (chapter C-26), and who is enrolled in a master’s degree program in notarial law;

(3)  a person who holds an undergraduate diploma, the combination of which meets the requirements for the permit issued by the Order or whose diploma or training equivalence was recognized for the purpose of issuing such a permit pursuant to a regulation made in accordance with paragraphs c and c.1 of section 93 of the Professional Code, and who is enrolled in a graduate study program in legal studies, other than the master’s degree program in notarial law, or in a doctoral program in legal studies;

(4)  a person who holds a master’s degree, the combination of which meets the requirements for the permit issued by the Order or whose diploma or training equivalence has been recognized for the purpose of issuing such a permit pursuant to a regulation under paragraphs c and c.1 of section 93 of the Professional Code, and who is admitted to the professional training program of the Order provided for in the regulation under subparagraph i of the first paragraph of section 94 of the Professional Code.

O.C. 653-2022, s. 1.

DIVISION II APPLICABLE TERMS AND CONDITIONS

O.C. 653-2022, Div. II.

§ 1 . — Practice within a legal clinic established or recognized by a university-level educational institution

O.C. 653-2022, Sd. 1.

2. A person referred to in paragraph 1, 2 or 3 of section 1 may give legal advice or consultations on legal matters on behalf of others within a legal clinic established or recognized by a university-level educational institution that grants one of the diplomas, the combination of which meets the requirements for the permit issued by the Order, provided

(1)  the person has completed a course in ethics and professional conduct of a minimum duration of 3 hours that is recognized by the Order;

(2)  the person engages in those activities under the close supervision and responsibility of a notary referred to in section 3;

(3)  except in the case of communications that are administrative in nature, the person communicates alone with a client only after obtaining the approval of the supervising notary, who determines whether his or her presence is required given the complexity of the case or the nature of the legal matters involved;

(4)  the person gives verbal advice on legal matters to a client only in the presence of the supervising notary or, in the case of written advice on legal matters, only after obtaining the supervising notary’s approval; and

(5)  the person engages in those activities in conformity with the regulatory standards applicable to notaries relating to ethics and the keeping of records and offices, with the necessary modifications.

O.C. 653-2022, s. 2.

3. A notary may act as a supervisor under the following terms and conditions:

(1)  the notary has been entered on the roll for at least 5 years;

(2)  the notary is covered under the professional liability insurance fund of the Chambre des notaires du Québec or works exclusively for a university-level educational institution referred to in subparagraph b of paragraph 2 of section 3 of the Règlement sur l’assurance de la responsabilité professionnelle des notaires (chapter N-3, r. 1.1) which undertakes to stand surety for, defend, and accept financial responsibility for any fault committed by the notary in the practice of his or her profession;

(3)  the notary keeps the records he or she opens within a legal clinic or ensures that they are kept by another notary or by a practising advocate who complies with, as applicable, the terms and conditions provided for in this section or in section 3 of the Regulation respecting the professional activities that may be engaged in by persons other than advocates (chapter B-1, r. 1.01), and who is designated for that purpose by the university-level educational institution;

(4)  the notary is not the subject of a disciplinary complaint or a request in accordance with section 116 or 122.0.1 of the Professional Code (chapter C-26) or a proceeding for an offence punishable by a term of imprisonment of 5 years or more;

(5)  the notary is not the subject, nor was the subject, in the 5 years preceding the date on which the supervision began, of

(a)  a decision or order rendered under the Professional Code, the Notaries Act (chapter N-3) or a regulation made for their application imposing a penalty, a striking off the roll, a restriction or suspension of the right to engage in professional activities or conditions the notary must meet in order to be allowed to continue to practise the profession, refresher courses, periods of refresher training, or any other requirement provided for in a regulation made under section 90 of the Professional Code;

(b)  a decision finding the notary guilty of an offence under the Professional Code, the Notaries Act or a regulation made for their application;

(c)  a judicial decision described in subparagraph 1, 2, 5 or 6 of the first paragraph of section 45 of the Professional Code.

O.C. 653-2022, s. 3.

§ 2 . — Practice within a location other than a legal clinic

O.C. 653-2022, Sd. 2.

4. A person referred to in paragraph 2 of section 1 who is serving a professional training period may, among the professional activities that may be engaged in by a notary, engage in professional activities that do not fall within the competence of a public officer, provided

(1)  the person engages in those activities under the close supervision and responsibility of a notary authorized to act as a tutor by the university-level educational institution concerned; and

(2)  the person engages in those activities in accordance with the Notaries Act (chapter N-3), the Professional Code (chapter C-26) and the regulations made for their application.

O.C. 653-2022, s. 4.

5. A person referred to in paragraph 4 of section 1 may, among the professional activities that may be engaged in by a notary, engage in professional activities that do not fall within the competence of a public officer, provided

(1)  the person engages in those activities under the close supervision and responsibility of a notary who complies with the terms and conditions provided for in section 3, with the necessary modifications, and who is authorized for that purpose by the Order; and

(2)  the person engages in those activities in accordance with the Notaries Act (chapter N-3), the Professional Code (chapter C-26) and the regulations made for their application.

The person may engage in those activities until the earlier of the following dates:

(1)  the date of issue of the person’s permit to practise;

(2)  the date on which the person abandons the professional training program or the date on which the person is precluded from completing it;

(3)  the date that is 45 days after the date on which the person successfully completed the professional training program.

Where a person is granted an extension of the period to complete the professional training program pursuant to a regulation made in accordance with subparagraph i of the first paragraph of section 94 of the Professional Code for a reason other than university studies, the person may not engage in those activities for as long as the reason for the extension prevents the person from completing the program.

O.C. 653-2022, s. 5.

DIVISION III FINAL

O.C. 653-2022, Div. III.

6. This Regulation replaces the Regulation respecting the professional activities that may be engaged in by persons other than notaries (chapter N-3, r. 0.1).

O.C. 653-2022, s. 6.

7. (Omitted).

O.C. 653-2022, s. 7.

REFERENCES

O.C. 653-2022, 2022 G.O. 2, 1064