Frequently asked questions

Yes, since it’s directly related to your request to draft the act or deed in English, as is the case when the document needs to be published in the land register. It is up to your notary to explain the financial impact of the Act when you ask him or her to draft a contract in English, so that you may make an informed choice on whether to draft the contract in English or in French. 

Despite the Act stating that French is the only official language of Québec, acts or deeds can still be drafted in English. However, conditions or restrictions may apply when the act or deed is drafted in English, such as acts/deeds cannot be published in the land register in a language other than French or the unanimous consent from both parties to the act or deed is required. It is up to your notary to explain the impact of the Act as it pertains to your request so that you may make an informed decision.

If the seller and buyer both ask for the sale of a residential building with less than five units to be drafted in English, the notary may do so, but the deed cannot be published in the land register without a French translation. Clients who wish to have their deed of sale drafted in English should expect delays and additional costs. It is up to your notary to explain the options available to you.

Tax laws make it incumbent upon the seller to inform the authorities of the disposal of a property using prescribed forms. These forms may be sent before or after the deed of sale is signed at the notary’s office. In either case, a certificate of compliance will be issued if the applicable duties have been paid. If this is not done, the buyer becomes personally liable for providing the authorities with an amount equivalent to 37.875% (25% federal and 12.875% provincial) or 80% (50% federal and 30% provincial) of the selling price, depending on the circumstances. It is up to the notary to ensure compliance with these tax law provisions in order to properly protect and advise the buyer client—this is done by holding back the proceeds in the notary’s trust account if the certificates of compliance have not been issued before the signing of the deed of sale.

As the cheque is drawn on your notary’s trust account, they must be very careful before issuing a new cheque to avoid a situation where money from another client is being used to honour the lost cheque if it is presented for cashing after a new cheque is issued. For more details on this topic, we invite you to read point 8 of the file on fraud and money laundering (p. 13) and point 1 of the text on accounting and trust accounts (p. 16) from Entracte magazine Winter 2021, vol. 29 number 4 [in French].

To verify the validity of an electronic copy of a technological notarial act, consult the procedure.

In a real estate transaction (sale of a home, condo or piece of property), the notary works for both the seller and the buyer, even though he or she is chosen by the buyer. As the notary works for both parties, each party must cover the costs associated with the verifications and disbursements made on its behalf.

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Since the abolition of the mandatory notarial tariff in 1991, fees have been regulated by the Code of ethics of notaries. This Code provides that professional fees must be fair and reasonable according to certain criteria, including the time and effort devoted to the file, its complexity, and the notary’s experience and expertise. Contact your notary to find out more about their professional fees, taxes and the costs of opening a file.

Some notaries are accredited by the Order to act as identity verification agents (IVAs). These notaries are authorized by some government organizations to certify the identity of clients who want keys or certificates (digital signatures) to undertake electronic exchanges with them.

Identity verification is carried out by means of two pieces of ID from reliable and independent sources, and at least one must include a photo.

As a result of the pandemic physical distancing rules, it has been possible to sign notarial acts remotely using the technology-based notarial act since April 1, 2020.

Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. En plus des directives données aux notaires devant tenir des rencontres physiques avec leurs clients, la Chambre des notaires, en collaboration avec des partenaires et le gouvernement, a développé une solution alternative : l’acte notarié technologique accessible depuis le 1er avril 2020.Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. Please note that notaries are subject to physical distancing rules. They should not expose themselves, their clients or their staff to risk. In addition to the guidelines given to notaries who must hold physical meetings with their clients, the Chambre des notaires, in collaboration with its partners and the government, has developed an alternative solution: the technology-based notarial act, available since April 1, 2020.