N-2 - Notarial Act

Section 121 Disposition versions

2008-10-15

121. (1)  Any notary who makes an assignment of his property for the benefit of his creditors or against whom a receiving order is made shall not practise his profession until he has obtained his discharge under the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3).

(2)  Such incompatibility shall not apply to a notary who has made a proposal accepted by his creditors.

(3)  In a case to which subsection 1 applies and upon an application to the secretary of the Order, the executive committee may, on being satisfied that the protection of the public will not be compromised, declare the notary qualified to practise and, where applicable, restrict the notary’s right to practise. The notary shall recover the full right to practise after obtaining a discharge under the Bankruptcy and Insolvency Act.

A decision by the executive committee to refuse to declare a notary qualified to practise or to restrict the notary’s right to practise shall be served on the notary in accordance with the Code of Civil Procedure (chapter C-25); the decision may be appealed from to the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV of the Professional Code (chapter C-26).

1968, c. 70, s. 128; 2000, c. 13, s. 74; 2008, c. 11, s. 212.

2000-07-12

121. (1)  Any notary who makes an assignment of his property for the benefit of his creditors or against whom a receiving order is made shall not practise his profession until he has obtained his discharge under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).

(2)  Such incompatibility shall not apply to a notary who has made a proposal accepted by his creditors.

(3)  In a case to which subsection 1 applies and upon an application to the secretary of the Order, the Administrative Committee may, on being satisfied that the protection of the public will not be compromised, declare the notary qualified to practise and, where applicable, restrict the notary’s right to practise. The notary shall recover the full right to practise after obtaining a discharge under the Bankruptcy and Insolvency Act.

A decision by the Administrative Committee to refuse to declare a notary qualified to practise or to restrict the notary’s right to practise shall be served on the notary in accordance with the Code of Civil Procedure (chapter C-25) ; the decision may be appealed from to the Professions Tribunal in accordance with the provisions of Division VIII of Chapter IV of the Professional Code.

1968, c. 70, s. 128; 2000, c. 13, s. 74.

1992-11-30

121. (1)  Any notary who makes an assignment of his property for the benefit of his creditors or against whom a receiving order is made shall not practise his profession until he has obtained his discharge under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).

(2)  Such incompatibility shall not apply to a notary who has made a proposal accepted by his creditors.

1968, c. 70, s. 128.

1977-12-31

121. (1)  Any notary who makes an assignment of his property for the benefit of his creditors or against whom a receiving order is made shall not practise his profession until he has obtained his discharge under the Bankruptcy Act.

(2)  Such incompatibility shall not apply to a notary who has made a proposal accepted by his creditors.

1968, c. 70, s. 128.