All suppliers or providers of services to notaries must understand that notaries are legal professionals working in a highly regulated environment. Misunderstanding of their legal obligations regarding the protection of information could result in severe sanctions that could imperil their right to practise the profession.
Consult the document (French only) identifying the principal obligations regarding protection of information for notaries and technology service providers used in the course of their profession.
Notaries who wish to keep their records (minutes, repertory, index), files, in trust accounting documents, application software, office management software, databases and accounting software, and data backups outside of their professional domicile must receive authorization from the Secretary of the Order.
Consequently and aside from some exceptions, any service provider that offers technological documentation outsourcing services to notaries must be authorized by the Order.
Technological documentation outsourcing services include any service offered to a notary that allows the notary to transfer or entrust, by any means, in whole or in part, their physical or electronic documents and information resources to a provider. Such documents and resources are therefore no longer exclusively located at the notary’s professional domicile.
This is the case of cloud services, including remote saving and hosting and software-as-a-service such as Microsoft Office 365.
For security requirements for using Microsoft Office 365, see the Office 365 Security Guide (French only).
External service providers authorized by the Chambre
| Fournisseur | Nom du service | Type de service | Note |
| Acceo Solutions d’Affaires | ProNotaire | Office management software | |
| Acceo Solutions d’Affaires | ProCardex | Office management software | |
| Avancie*** | Para-Maître | Office management software | Provider also offers Microsoft Office 365. |
| Avancie | Docurium | File storage and sharing solution | Subscriber portal |
| Avancie | Votre Courriel | Email solution | Subscriber portal |
| Avancie | VotreTransfert | SSecure and confidential solution for sending documents by email to clients | Currently finalizing an agreement with the Chambre. |
| Avancie | Todoc | Secure and confidential solution for sending notifications. | Currently finalizing an agreement with the Chambre. |
| FCT | Lender Lawyer Connect (LLC) | Secure platform for processing mortgage applications. | |
| It Cloud Solutions | Backup en ligne | Backup solution | Provider also offers Microsoft Office 365. |
| Knova Web Technologies | TagMyDoc | Easy-to-use all-in-one encrypted document sharing, messaging and notification sharing platform. | |
| Les Éditions Yvon Blais | Clause Testament | Wills, protection mandates and powers of attorney production solution. | |
| Solutions Notarius inc. | ConsignO Cloud-CNQ | The only electronic signature platform that enables notaries to receive notarial acts remotely during the COVID-19 health emergency. The platform also allows private signature of documents. | |
| Solutions Notarius inc. | ConsignO Cloud-Affaires | Electronic signature platform that enables private signature of deeds. This platform cannot be used to receive electronic notarial acts remotely. | Currently finalizing an agreement with the Chambre. |
| Persona Innovation | AdVitam | Solution for gathering client information to prepare a will or protection mandate. | |
| Sherweb | Acronis – Online Backup | Backup solution | Provider also offers Microsoft Office 365. Currently finalizing an agreement with the Chambre. |
| Sherweb | Cloud PBX | Voice over IP telephony | Currently finalizing an agreement with the Chambre. |
| Sherweb | Performance Cloud | Hosting solution (cloud servers) | Currently finalizing an agreement with the Chambre. |
PROCEDURE FOR THE SERVICE PROVIDER:
Authorization allowing a service provider to offer technological documentation outsourcing services to notaries will be granted if the service provider, at its own expense, successfully completes the Order’s verification process, by:
- Complying with the requirements of the Security Directive – Providers of Outsourcing Services for Notaries (French only)
- Providing the proof, information and documents required for this purpose
- Signing a contract (French only) with the Order
- Having every notary client sign a service agreement (French only) that includes the stipulated clauses
To obtain this authorization, a service provider must first:
- Complete the form Description of outsourcing service to notaries (French only)
- Email this form to techno@cnq.org
The Chambre will then contact the service provider to commence the verification process.
The Regulation respecting the digital official signature of a notary, which came into effect on December 1, 2019, determines the technological process used by a notary to affix their official signature.
These specifications (French only) set out the terms and conditions and other requirements to be met by a provider of certification services prior to entering into an agreement with the Chambre des notaires du Québec to obtain authorization to provide an official signature to be affixed via a technological process.
A service provider that wishes to submit a request for authorization must complete a “Déclaration, garanties et engagements” [French only] from the specifications along with a letter of intent and email their application to techno@cnq.org.
For further information: techno@cnq.org
The Chambre des notaires made a temporary solution available to notaries on March 31, 2020, permitting them to close a notarial act using technological means[1]. These are exceptional measures taken to ensure the public has continued access to notarial services. Existing legal requirements continue to apply. Notaries may choose whether or not to use this solution.
The Chambre des notaires is currently establishing standards and requirements for a more permanent solution. Version 1.0 of the specifications for the solution to close a technology-based notarial act and the solution to retain a technology-based notarial act will soon be available.
For further information: techno@cnq.org
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[1] This is enabled by Order 2020-010 of March 27, 2020, of the Minister of Health and Social Services, reflected by the Minister of Justice in Order 2020-4304 of August 31, 2020, which replaced it. This authorization is valid for up to one year following the end of the health emergency and may be renewed for up to five additional one-year terms and terminate upon the coming into force of a regulation enacted pursuant to Section 98 of the Notarial Act (c. N-3). Order 2021-4556 renewed this authorization for the first time, from September 1, 2021, to August 31, 2022.