This text is part of the special section Professions and careers
Officially adopted this fall, the new law modernizing the notarial profession and promoting access to justice dramatically updates a profession steeped in centuries-old traditions.
“We’ve been waiting for this day for a long time,” says M.e Kevin Houle, president of the Professional Association of Notaries of Quebec. “This completely erases the old anachronistic law of 1968 which regulated our profession and which had been partially updated in 2000.”
From now on, notarial acts must be digital with an electronic signature. And some of these acts, notably financial contracts, will acquire legally enforceable force, in the same way as a judicial decision.
Notaries, explains Me Houle, are both legal advisors and public officers who have the power to authenticate the acts and contracts they draw up. “Our action is first of all preventive in nature, which is why we contribute to unclogging the courts. »
Kevin Houle believes that this update will promote recruitment in faculties. “Even law students don’t know us well. This is certainly due to the fact that there are many more lawyers than notaries. Being a notary isn’t just about putting a beautiful ancestral seal on a document that’s going to collect dust. »
Dust removal and access to justice
This new law, adopted on October 23, is the culmination of a very big notarial year. In March 2023, another law gave notaries, for the first time, access to the judiciary. One of the 16 seats on the Judicial Council is now reserved for notaries. And, in June, the government legalized surrogacy pregnancies which must be the subject of a notarized agreement.
Bill 34 enshrines several modernizations that will permanently change the profession. The most spectacular concerns dematerialization.
From now on, the notarial deed must first be electronic and signed electronically. This transformation will allow a new step forward: the creation of a central digital registry which will bring together all notarial acts, which will greatly simplify research.
In addition, notarial acts will become automatically enforceable, in the same way as notarial wills.
“On this level, the government will still have to decide on the exact rules and the cases where it applies or not, but it is a good step forward which will greatly contribute to reducing the pressure on the justice system,” believes Ms.e Kevin Houle, according to whom the subtext of the new law is that the Ministry of Justice will make full use of the public officer status of notaries, whose primary purpose is precisely to authenticate legal documents.
“A notarized document has a probative force of veracity which makes it difficult to contest: the identity of its signatory has been verified, as well as their ability to sign and their knowledge of the document. In practice, legal challenge remains possible, but the authenticity of the document eliminates several grounds for challenge. »
Another modification of the law supports this notion of access to justice: retired notaries acquire a status. They will now be authorized to supervise specialized legal advice clinics in universities or NPOs.
“Their power will nevertheless be limited. They will no longer be able to carry out acts or maintain trust accounts, but the fact that they can provide legal advice through organizations or NPOs will greatly help the system. Accessibility of justice is not just limited to the courts. Citizens must be able to have answers to their legal questions. »
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