N-3 - Notaries Act

Section 40 Disposition versions

2024-03-06

40. The choice of an officiating notary to execute a notarial act is determined by agreement between the parties.

If there is no agreement, the choice falls to

(0.1)  the woman or the person who has agreed to give birth to a child in the context of a parental project involving surrogacy;

(1)  the creditor, for acts of obligation, surety bonds or acts of a similar nature;

(2)  the debtor, for a simple discharge;

(3)  the new creditor, for a discharge with subrogation or a discharge following the payment of a debt with the proceeds of a hypothecary loan, despite any agreement or stipulation to the contrary between the former creditor and the debtor;

(4)  the purchaser or transferee, for the sale of movable or immovable property or rights where

(a)  the purchaser or transferee pays the purchase price in full; or

(b)  the purchaser or transferee pays all or part of the purchase price to the seller or transferor with the proceeds of a hypothecary loan contracted for that purpose;

(5)  the seller or transferor, for the sale of movable or immovable property or rights, where the purchaser or transferee undertakes to pay a balance of the sale price to the seller or transferor or to assume a pre-existing obligation of the seller or transferor.

Despite any agreement to the contrary, the choice of a notary falls to the party entitled to choose the notary pursuant to subparagraph 4 or 5 of the second paragraph for a discharge resulting from the payment of a claim secured by a real right encumbering property sold or transferred where the payment is made out of the proceeds from the sale or transfer of the property.

2000, c. 44, s. 40; 2023, c. 13, s. 63.

2002-01-01

40. The choice of an officiating notary to execute a notarial act is determined by agreement between the parties.

If there is no agreement, the choice falls to

(1)  the creditor, for acts of obligation, surety bonds or acts of a similar nature;

(2)  the debtor, for a simple discharge;

(3)  the new creditor, for a discharge with subrogation or a discharge following the payment of a debt with the proceeds of a hypothecary loan, despite any agreement or stipulation to the contrary between the former creditor and the debtor;

(4)  the purchaser or transferee, for the sale of movable or immovable property or rights where

(a)  the purchaser or transferee pays the purchase price in full; or

(b)  the purchaser or transferee pays all or part of the purchase price to the seller or transferor with the proceeds of a hypothecary loan contracted for that purpose;

(5)  the seller or transferor, for the sale of movable or immovable property or rights, where the purchaser or transferee undertakes to pay a balance of the sale price to the seller or transferor or to assume a pre-existing obligation of the seller or transferor.

Despite any agreement to the contrary, the choice of a notary falls to the party entitled to choose the notary pursuant to subparagraph 4 or 5 of the second paragraph for a discharge resulting from the payment of a claim secured by a real right encumbering property sold or transferred where the payment is made out of the proceeds from the sale or transfer of the property.

2000, c. 44, s. 40.