R.S.Q., chapter N-2
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 121-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.
The Minister of Justice is entrusted with the application of this Act. Order in Council 121-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 874.
DECLARATORY AND INTERPRETATIVE PROVISIONS
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;
“records of a notary”;
(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;
“deposit of records”;
(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;
“files relating to a notary's records”;
(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;
“election of domicile”;
(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;
“notary”, “member of the Order”;
(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.
FUNCTIONS AND PRIVILEGES OF NOTARIES
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 3110 of the Civil Code.
1968, c. 70, s. 3; 1999, c. 40, s. 197.
“notary”, “notary public”.
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.
Effects not liable to seizure.
5. In addition to the property declared exempt from seizure by article 553 of the Code of Civil Procedure, 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 property and requiring registration or the cancellation of registration at a registry office;
(b) prepare and draw up an agreement, petition, by-law, resolution or other similar document relating to the constitution, organization, reorganization or voluntary winding-up of a legal person governed by federal or provincial laws respecting companies, or the amalgamation of several legal persons or the surrender of a charter;
(c) prepare or draw up the proceedings required by law in relation to the legal publicity of sole proprietorships, partnerships and legal persons;
(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 registration in the land register or in the register of personal and movable real rights or for the rectification, reduction or cancellation of an entry in either of those registers 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 a succession, required by the taxation laws, when the succession is immovable in whole or in part or when some of the persons involved suffer legal incapacity, or when the liquidator or the heirs are exempted from making an inventory.
Subparagraph g shall not apply to legal persons authorized by law to act as liquidators of successions 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; 1999, c. 40, s. 197; 2000, c. 42, s. 196.
Acts reserved for members.
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 public servants of their departments the merits of assessments imposed upon their clients with respect to taxation;
(d) the right of secretaries or assistant secretaries of legal persons established for a private interest or in the public interest to draw up the minutes of meetings of directors or shareholders of the legal person 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; 1999, c. 40, s. 197.
Payment of fees.
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.
Presumption set aside.
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.
Right to retain papers.
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.
DUTIES OF NOTARIES
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 in the practice of the notarial profession, unless the notary
(1) is expressly or implicitly authorized to do so by those who made such confidences;
(2) is so ordered by law; or
(3) has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons and the information is communicated in order to prevent an act of violence, including a suicide. However, the notary may only communicate the information to a person exposed to the danger or that person's representative, and to the persons who can come to that person's aid. The notary may only communicate such information as is necessary to achieve the purposes for which the information is communicated;
(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 time, 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; 1999, c. 40, s. 197; 2001, c. 78, s. 9.
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.
Election of domicile.
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.
Notice of transfer.
(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
Deeds en minute.
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
Places prohibited for 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.
§ 1. — General provisions
Execution of deeds.
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 sale 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; 1999, c. 40, s. 197.
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.
Choice of notary.
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 and transfer of movable or immovable 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 a succession 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.
Refundment of loan.
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; 1999, c. 40, s. 197.
§ 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.
Declaration of error in numbering.
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.
Omission of number.
(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.
Omission of number.
(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
Notary party to deed.
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.
Relationship of notary.
33. (1) Subject to the provisions of section 32 and the provisions of the Civil Code 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.
Notary who is director, employee.
(2) A deed executed by a notary who is a director, officer or employee of a legal person which is a party to the deed is also authentic.
1968, c. 70, s. 33; 1992, c. 57, s. 632; 1999, c. 40, s. 197.
34. Notaries may draw, make and date their deeds on Sundays and other holidays.
1968, c. 70, s. 34.
Form of deeds.
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.
Writing over prohibited.
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 deemed not written.
(2) Erasures shall be made in such manner that the words erased or struck out may be counted.
1968, c. 70, s. 36; 1999, c. 40, s. 197.
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.
Initialling of notes.
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.
Mention of number of notes, words erased.
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.
Closing of deed.
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.
Signature and attestation.
(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.
Reading of deed.
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.
Exemption from reading certain deeds.
(2) It shall not be necessary for a trust deed to be read to the parties, or for a deed in which the State or a State-owned enterprise or any public or private legal person 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.
Mention in deed.
(3) Mention of such declaration and exemption must be made in the deed, before the signatures.
1968, c. 70, s. 42; 1999, c. 40, s. 197.
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.
Particulars which must be stated.
44. (1) Every notarial deed shall set forth: the date of the deed, the name, official capacity and professional domicile of the notary who executes it and of the assisting notary if there is one and the fact that the latter is present, the names, callings and residences of the parties, with a description of the powers of attorney or authorizations produced, the presence, the 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.
“after due reading”.
(3) The insertion in the deed of the words “after due reading” constitutes a simple presumption that the deed has been read in accordance with this Act.
Effect of signature.
(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; 1999, c. 40, s. 197.
Place of execution.
45. (1) Every notarial deed shall be declared to be executed at the place where it is closed.
Designation of place.
(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.
Plurality of dates and places.
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.
Interpretation: “given names”.
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.
Description of notarial deeds en minute.
48. (1) Notarial deeds en minute 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 number under which they are registered in the appropriate register for the publication of rights, if any; they shall not be annexed to the deed.
Other deeds and documents annexed.
(2) All deeds and documents other than notarial deeds en minute, 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.
Other documents annexed.
(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; 1999, c. 40, s. 197.
49. (1) Two or more notaries practising their profession together cannot sign deeds executed before them using the name of their partnership.
(2) They may, however, use the name of their partnership in advertisements, notices, petitions and other documents that are not notarial deeds.
1968, c. 70, s. 49; 1999, c. 40, s. 197.
§ 5. — Preservation and communication of deeds, copies and extracts
Keeping of originals.
50. A notary must keep and preserve the originals of all deeds that he executes en minute.
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.
Right of furnishing copies.
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 the legal custodian of the notary's records, or to the notary empowered by a special power of attorney as provided in section 57.
(2) No notary or person referred to in subsection 1 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.
Proof of death.
(3) Such death may be established by a certificate of death, a statutory declaration or such other evidence as is satisfactory to the custodian of the will or codicil.
1968, c. 70, s. 54; 1999, c. 40, s. 197.
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 constitute evidence 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; 1999, c. 40, s. 197.
Certificate of authenticity.
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.
Delegation of power.
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.
Deposit of power of attorney.
(3) An authentic copy of such power of attorney shall be deposited immediately in the office of the secretary of the Order.
Duration of mandate.
(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 2815, 2817 and 2820 of the Civil Code.
1968, c. 70, s. 57; 1973, c. 45, s. 13; 1999, c. 40, s. 197.
§ 6. — Miscellaneous provisions
Marriage contract executed outside Québec.
58. Every marriage contract executed en minute 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.
Authenticity of certain deeds.
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.
Penalties for irregularities.
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.
Assignment of 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.
Mode of assignment.
(2) He may also assign his records by a disposition in contemplation of death in a marriage contract, will or any notarial deed, notwithstanding articles 1818 and 1819 of the Civil Code. 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; 1999, c. 40, s. 197.
63. When a notary dies without having disposed of his records, such right shall belong to his successors, whether they accept his succession or not.
1968, c. 70, s. 63; 1999, c. 40, s. 197.
Delivery of files.
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.
Exception to assign.
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.
Permission to assign.
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.
Resumption of practice.
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.
Duration of transfer.
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 time for an additional period of fifty years.
1968, c. 70, s. 69; 1973, c. 45, s. 18; 1999, c. 40, s. 197.
Change of district of assignee.
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.
ORDRE DES NOTAIRES DU QUÉBEC
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 legal person 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).
Code to govern.
(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; 1999, c. 40, s. 197.
Service of process.
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.
De jure member.
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).
Terms of office.
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 Terrebone: 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.
Territory of districts.
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
(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.
Meetings of Bureau.
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 gi