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Home > Your Rights > Your Recourse > Inappropriate use of funds

Inappropriate use of funds

Every year, large sums of money are entrusted to notaries and pass through their in trust accounts. Despite the very strict control measures imposed by the Chambre des notaires, it may happen that one of its members uses funds or property received for other purposes.

What is the Compensation Fund?
The fund is used to compensate claimants when a notary uses funds or property for purposes other than those for which the claimant remitted them in the exercise of the profession and under a professional services contract. In this regard, only funds and property remitted to the notary are eligible.

Note: The Compensation Fund does not cover cases of professional error committed by notaries. Please see the section on Professional misconduct or error to learn more about this topic.

The claimant has one year from the time of learning about the impropriety to file a claim.

Maximum compensation
The maximum compensation per claim is $100,000.

Damages and interest are not refundable by the fund.

Eligibility to apply for compensation
To make a claim to the Compensation Fund, you must:

  • present your claim in writing, duly sworn, withinone year of learning of the inappropriate use of the funds, using the appropriate form
  • report the facts and the amount claimed
  • attach the relevant documents
  • send your form to:

Secretary of the Compensation Fund
Chambre des notaires du Québec
2045, Stanley Street
Suite 101
Montreal Qc  H3A 2V4

For further information:

Telephone: 514-879-1793 or toll free 1 800 263-1793, ext. 5444
Fax: 514-879-1923
Email: indemnisation@cnq.org

Compensation Fund Committee
The committee is made up of at least five members appointed by the Board of Directors of the Chambre des notaires du Québec and at least one representative of the public, appointed by the Office des professions du Québec.

The committee examines the cases and documents submitted. It may meet with the claimant if required.

The committee rules on the admissibility of the claim or makes recommendations to the Chambre des notaires Executive Committee concerning the amount claimed. Its decisions are final.

At the time of receiving the compensation, the claimant must sign a discharge in favour of the Order. The Order will try to recover the funds paid to the claimant from the notary in question.

Please see the Regulation respecting the compensation fund of the Chambre des notaires du Québec

See the information brochure on the Compensation Fund  (available in French only)