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

Section 3 Disposition versions

2022-04-28

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.

Not in force

In force: 2022-04-28

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.