Warning

REMOTE NOTARIAL DEED: Since April 1st, notaries are allowed to sign a notarized document remotely. This is not compulsory and notaries are free to use this additional tool or not. Consult the steps and application procedures.
CHAMBRE DES NOTAIRES OFFICES: The Chamber's offices are open, but due to the circumstances related to the coronavirus some services are offered remotely. Additional delays apply for requests for searches in Registers of Testamentary Dispositions and Mandates, as well as for requests for a Certificate of Quality and Authenticity.

 

 
Home > Your Rights > Your Recourse > Breaches of ethics > File a complaint yourself

File a complaint yourself

Contact the Office of the Syndic 
Even though anyone can file a complaint against a notary or former notary, it is highly recommended that you contact the Office of the Syndic before filing a complaint, because the Syndic has broad powers of investigation and is the most qualified professional to exercise this form of recourse.

Prepare your case
If you wish to file the complaint yourself, you will be responsible for preparing the case: writing up the complaint, filing it with the secretary of the Disciplinary Council and personally presenting the evidence to the Disciplinary Council at the hearing.

  • the complaint must be made in writing, backed up by the complainant's oath (affidavit) and presented in duplicate (2 originals)
  • the complaint must briefly outline the nature, time and place of the alleged infraction
  • all the parties, including the complainant, have the right to be assisted or represented by a lawyer
  • the complainant may be condemned to pay the hearing costs if the accused is acquitted on all counts in the complaint and the complaint is deemed abusive, frivolous or manifestly ill-founded
  • the Professional Code lists the only sanctions that the Disciplinary Council can impose on an accused who is found guilty.

In keeping with current jurisprudence, you must disclose the evidence to the accused notary before the hearing.

Attend the hearing
Disciplinary hearings are carried out before a quasi-judicial tribunal in the form of examination and cross-examination. The role of the complainant can be compared to the role of the crown prosecutor. You must attend the hearing and prove your claims to the Council. Please note that all documents must be filed in sextuplicate. You can ask the Council to summon witnesses. For further information, please contact:

Legal Services Department
Secretariat of the Disciplinary Council
Telephone: 514-879-1793 or toll free 1-800-263-1793
Fax: 514-223-1098
Email: discipline@cnq.org

 
 

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