Notaries are in the best position to inform, guide and protect you.
As neutral agreement specialists, notaries can help you make informed choices in many areas.
Supporting and protecting citizens Notaries act as agreement specialists for Quebec families. They support hundreds of thousands of Quebecers at important stages of their lives. Their advice makes it possible to assess the legal implications of a decision, to protect assets and to ensure that a person’s last wishes are known and respected.
Preventing and resolving conflicts Notaries are unparalleled legal advisors whose approach focuses on prevention, conciliation and alternative conflict resolution rather than litigation. They set up legal protection mechanisms in order to prevent abusive situations. They work on finding common ground and select the appropriate conflict resolution method, such as mediation between co-owners or succession mediation, to reach a fair and reasonable arrangement. As a result, they play an essential role in ensuring access to justice by preventing conflicts before they arise, while also saving people from having to appear in court.
They may also act in cases that are not contested in court and are authorized to represent people before the courts for certain non-contentious proceedings.
Ensuring the reliability of your documents The fundamental distinction between notaries and other legal professionals is the status of public officer conferred on them by the government. The acts they draw up are considered authentic, i.e. they have a high degree of reliability and are difficult to challenge. The veracity of the content, date and signature of these documents stands in court with no need for further authentication. Indeed, for certain acts, the notarial form is mandatory, in particular for real estate mortgages, declarations of divided co-ownership, gifts and marriage contracts.
Moreover, since the original copy of the notarial document is kept at the notary’s office, it cannot be lost or altered. You can obtain a copy at any time, since they are kept in perpetuity by the notary or the notary’s successors.
As public officers, notaries have the duty to execute acts in the interest of the persons involved, avoiding any bias. They make sure that everyone understands the explanations and agrees on each clause of the document. The parties can therefore express their consent in full knowledge of the facts.
On the other hand, notaries can also represent a single client in the context of their mandates, thus acting as legal counsel for that client only. For example, when negotiating a commercial lease, the lessor could be represented by a notary, while the lessee could be represented by a lawyer or another notary.
The area of expertise of notaries is vast, both in traditional and non-traditional areas.
As legal professionals, notaries are authorized to give advice in all areas of law within their scope of expertise.
- As an expert in prevention, notaries settles disputes using methods other than judicial ones, such as:
- Civil, commercial and family mediation
- Conciliation
- Negotiation
- Amicable divorce
- Amicable divorce
- Arbitration
- Settlement agreements
- As experts in real estate law, notaries advise on:
- The various methods for purchase financing
- The clauses to include in the offer to purchase
- The agreements to include for purchases by two or more persons
- The tax implications of contracts
- The verifications to do before buying a divided co-ownership (condo) property
- All the implications related to co-ownership, as of its inception
- The importance of checking the location certificate to avoid unpleasant surprises
- Solutions to resolve irregularities following a title search
- The precautions to take to avoid legal construction hypothecs related to the purchase of a new house
- As experts in corporate law, notaries advise on:
- The procedure for starting a business
- The different legal forms of companies and their tax implications
- The formalities necessary for their creation
- The possible agreements between partners or shareholders
- Commercial mediation
- Drafting of commercial leases
- Mergers and acquisitions
- The development and implementation of the succession plan
- Succession and trust planning
- As experts in family law, notaries advise on:
- The rights and obligations resulting from marriage or civil union
- The legal effects of de facto (common law) unions and agreements between de facto spouses
- Alimony and child custody
- Family mediation
- Amicable divorce
- Immigration and adoption procedures
- Protection mandates
- Legal mechanisms (assistance measures, representation or protective supervision) for persons without a protection mandate
- As experts in succession law, notaries advise on:
- Succession planning
- The preparation and drafting of a will
- The protection of minor children after parents’ death
- Estate settlement
- Organ and tissue donation in a will or a protection mandate
- Advance medical directives
- Diversified expertise: today’s notaries practise in areas that go well beyond their traditional fields of practice, including the following:
- Air law
- Agricultural law
- Aboriginal law
- Energy law
- Environmental law
- Immigration law
- Insurance law
- Technology law
- Labour law
- Tax law
- Forestry law
- International law
- Maritime law
- Mining law
- Municipal law
- Financial planning
- Intellectual property
Notaries always tries to find a middle ground that is advantageous to both parties.
As a result of their professional training and position, notaries are impartial legal professionals who must try to avoid conflicts. Their first reflex is therefore to find a middle ground that is advantageous for everyone. If agreements or documents have to be signed, notaries can confer authenticity on them, which makes them more difficult to challenge. The notary must also keep the original.
Before having recourse to the courts, which is the last option, notaries can explore different solutions with you. For example, your notary may suggest a settlement method like mediation, conciliation or arbitration. A number of notaries act as civil and commercial mediators, and some are even arbitrators.
Notaries do not always have to represent both parties. Should their mandate require it, notaries can represent a single client and thus act as legal counsel for that client only. For example, when negotiating a commercial lease, the lessor could be represented by a notary, while the lessee could be represented by a lawyer or another notary.
Since the new Code of Civil Procedure of Québec entered into force in 2016, parties in dispute must make use of dispute prevention and resolution methods. These include conciliation, mediation and arbitration, which require the presence of an impartial third party appointed by the persons involved.
Since the new Code of Civil Procedure of Québec entered into force in 2016, parties in dispute must make use of dispute prevention and resolution methods. These include conciliation, mediation and arbitration, which require the presence of an impartial third party appointed by the persons involved.
Notaries can play a central role in resolving a dispute, and can do so confidentially and more quickly than the courts.
For example, a mediating notary can help the parties identify acceptable solutions and compromises, thus avoiding the costs and delays associated with legal action. They can play a neutral role in order to facilitate discussions.
The parties may also decide to submit their dispute to an arbitrator in order to avoid the lengthy and costly process of going through the justice system. Arbitration differs from mediation as it leads to a binding decision by the arbitrator. Some contracts already stipulate the obligation of having disputes decided by an arbitrator, such as declarations of co-ownership.
Where applicable, the appointment of the mediating notary or the arbitrating notary is made by mutual agreement or according to the procedure provided for in the contract between the parties.
For more information, visit the Éducaloi website: https://educaloi.qc.ca/en/capsules/solving-problems-without-going-to-court/.
If you need a notary but do not know one, ask for references from people you know or use the online Find a notary tool, where you will find the names of notaries based on your search criteria and their proximity to your home.
For transactions involving a sum of money, the notary will let you know that they must carry out certain verifications before transferring the amount to you.
For transactions involving a sum of money, the notary will let you know that they must carry out certain verifications before transferring the amount to you.
Why does the notary hold the money?
The notary must first ensure that the funds come from a secure source and make sure that they are deposited in the notary’s trust account. These sums usually come from an electronic fund transfer, the issuance of a bank draft or a certified cheque.
Before giving you your money, the notary must also:
- Ensure the notarial act is filed with the land registry office, which generally requires 24 hours
- Ensure that there are no undisclosed sums owed to a creditor, such as the balance of a mortgage loan
It is for your protection that the notary performs these verifications and holds your money safely in their trust account. Normally, the notary only holds these funds for a few days.
Your money is safe
The Chambre des notaires du Québec monitors notaries’ trust accounts very strictly by requiring an annual accounting audit. It also audits these accounts through professional inspections. In addition, all trust accounts must be opened at Canadian financial institutions whose funds are covered by deposit insurance.
Trust accounting
Every client of a notary has a personalized record indicating all deposits and withdrawals made in the notary’s trust account. The client may request a statement of such deposits and withdrawals.
What about the interest generated by this account? Interest is paid into the Chambre des notaires du Québec’s Notarial Studies Fund. In recent years, this fund has supported numerous research projects and activities sponsored by multiple law and justice organizations to provide legal information to the public.
If certain sums are likely to be held for a longer period of time, the notary may suggest that the recipient of this money open a so-called “special” trust account. In this case, the interest will be deposited in the customer’s account. However, if you ask the notary to open such an account, fees and charges may apply.
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.
Even if your notary knows you well, they have an obligation not only to verify your identity, but also to keep proof of it in their file, while maintaining complete confidentiality.
Valid proof of identity
In order to be valid, the proof of identity must come from a recognized organization that exercises control at the time of issue. 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. These documents must be legible and valid. The most frequently used documents are driver’s licenses, health cards and passports. Other identity documents may be valid, in particular certain foreign documents, but you should first confirm this with your notary. Other documents may also be required, depending on the circumstances.
Notaries were pioneers in the area of identification and their expertise in this field has already proven its worth in several areas, such as in securing the electronic registration of rights in Quebec’s Register of Personal and Movable Real Rights.
For more information on this subject, you may consult the Règlement sur la tenue des dossiers et des études des notaires.
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.
For these government organizations, it is important that the identity certification process for key and certificate holders be carried out by a trusted person. Since Quebec notaries have the status of public officers, several organizations have chosen them to verify and certify the identity of their clients. Notaries who are accredited as identity verification agents can be found in every region of Quebec working for the following :