Providers of services to notaries

Notaries who wish to keep their records (minutes, repertory, index), files, in trust accounting documents, application software, office management 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

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 [email protected]

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 [email protected].

For further information: [email protected]

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.

Receiving and closing technology-based notarial deeds

Technology solutions used to receive and close technology-based notarial deeds must comply with the security requirements set out in the specifications (non-final version available in French) and the metadata document for technology-based notarial deeds (available in French).

The document is made available so that interested service providers may see the Chambre des notaires’s guidance on this subject.

The solution may be available in a “self-serve” version, either through a web platform or integrated in authorized office management software (OMS).

Conservation of notarial records containing technology-based notarial deeds, directories and indexes

A single service provider accountable to the Chambre des notaires will provide this service. This service provider will be selected through a request for proposals that will take place in 2022.

Management of access and notary records

The Chambre des notaires will use an application to manage access to the conservation solution—particularly in cases where a notary is no longer registered on the roll of the Order, upon the deposit or transfer of a record or to implement provisional custody.

 For further information: [email protected]

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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.