When there is a dispute between a client and a notary about an account for fees (bill), whether it has been paid or not, the client can use the conciliation process for accounts for fees offered by the Chambre des notaires du Québec.
Important: Before submitting an application for conciliation, it is recommended to first contact the notary to obtain an explanation of the account for fees. For more information on the admissibility of an application for conciliation, please call 514-879-1793 / 1-800-263-1793, ext. 5922.
1Application for conciliation of accounts for fees
The conciliation of accounts is an informal and free process, during which the conciliator tries to help the client and notary come to an agreement on the fee in order to find a solution that is mutually satisfactory.
Conditions for applying for conciliation
To apply for conciliation of an account for fees, you must:
- Submit the application within 45 days (calendar days and not business days) of the date of receiving the account for fees (bill), or within 45 days of the date you learned of the fees being deducted or withdrawn from the funds the notary is holding for or has received on behalf of the client.
- Acknowledge that you owe the notary fees in some amount for services rendered.
- Print out the form and have it signed by everyone whose name appears on the account for fees.
- Include all relevant documents mentioned on the form, including the account for fees (bill).
- Send your form and the required exhibits by mail to the address below, or by email to email@example.com.
Chambre des notaires du Québec
Conciliator of Accounts for Fees
101-2045 Stanley St.
Montréal, QC H3A 2V4
Please note that your application will not be eligible in any of the following cases:
- If you request the cancellation of the account for fees;
- If you believe you do not owe any fees to the notary;
- If the account is not addressed to you by a notary who is duly registered on the Roll of the Order; or
- If the persons to whom the account is addressed or the representatives who are authorized to act have not all signed the conciliation application form.
2Application for arbitration
When it is not possible to come to an agreement through conciliation, the client can request arbitration within 30 days (calendar days and not business days) of receiving the conciliation report. An application form and information about the arbitration process are included with the conciliation report. There is an application fee of $100 for the arbitration process.
The application for arbitration is heard by the arbitrators of the Council of Arbitration. The client and the notary must be present at the hearing. The Council of Arbitration rules on the disputed account for fees as well as on the reimbursement of the arbitration application fees and expenses related to the arbitration process, which shall be no less than $200 (plus taxes) and no more than 15% (plus taxes) of the disputed amount (amount of the fees disputed by the notary and client). Depending on the disputed amount, the Council of Arbitration may consist of one or three arbitrators. The Council’s decision is final and without appeal.