N-3 - Notaries Act

Section 83 Disposition versions

2023-10-24

83. Any person in possession of the notarial records or any other document referred to in section 79 for which a provisional custodian has been appointed shall deliver the notarial records or document to the provisional custodian on being notified a notice of the latter’s appointment in accordance with the Code of Civil Procedure (chapter C-25.01). The person is liable to a fine of $100 for each day’s delay, beginning from notification of the notice. Every person required to surrender notarial records who refuses or neglects to do so is liable to the same fine upon the expiry of the time given to surrender the notarial records. A notary who contravenes the provisions of this section is liable, in addition, to the disciplinary penalties prescribed by the Professional Code (chapter C-26).

2000, c. 44, s. 83; 2008, c. 11, s. 212; 2017, c. 11, s. 143; 2023, c. 23, s. 46.

Not in force

Not in force

83. In addition to disbursements, the provisional custodian is entitled to the fees fixed by the board of directors, which shall be charged to the person whose records are under provisional custody. However, in the case of provisional custody ordered in the circumstances described in subparagraph 2 or 3 of the first paragraph of section 77, the board of directors shall, after a decision is rendered by the court or by the disciplinary council, determine which of the notary or notaries, the general partnership involved or the Order is to pay the costs.

The provisional custodian is also entitled to fees for making searches and for issuing copies or extracts.

The costs incurred for the surrender of the notarial records shall be charged, where the surrender is voluntary, to the person who surrenders them. Where the surrender of the notarial records is mandatory, the costs shall be charged to the person required to surrender them.

2000, c. 44, s. 83; 2008, c. 11, s. 212; 2017, c. 11, s. 143.

Not in force

Not in force

83. In addition to disbursements, the provisional custodian is entitled to the fees fixed by the executive committee, which shall be charged to the person whose records are under provisional custody. However, in the case of provisional custody ordered in the circumstances described in subparagraph 2 or 3 of the first paragraph of section 77, the executive committee shall, after a decision is rendered by the court or by the disciplinary council, determine which of the notary or notaries, the general partnership involved or the Order is to pay the costs.

The provisional custodian is also entitled to fees for making searches and for issuing copies or extracts.

The costs incurred for the surrender of the notarial records shall be charged, where the surrender is voluntary, to the person who surrenders them. Where the surrender of the notarial records is mandatory, the costs shall be charged to the person required to surrender them.

2000, c. 44, s. 83; 2008, c. 11, s. 212.