To make justice more accessible and less expensive, the Minister of Justice, Simon Jolin-Barrette, tabled a bill on Thursday that puts notaries and their practice to work.
The Minister’s intention is to bring the work of notaries to the 21ste century, notably by abandoning paper in favor of digital technology.
Basically, the bill targets two areas.
The first is digital: it aims to make life easier for citizens and notaries alike with an online platform which will contain all notarial acts.
“The technological notarial act will thus become the norm, while the paper act will become the exception,” declared Minister Jolin-Barrette at a press conference on Thursday, shortly after the tabling of Bill 34 in the Assembly. national.
This new digital – and centralized – registry would replace the one that each notary keeps in his office. However, only notaries could access and research it. However, citizens would still have access – as is currently the case – to the online land register, which contains all real estate transactions.
Such an online platform could save citizens a lot of headaches in the event of a fire or flood that destroys the registries of notary offices: thousands of notarial deeds were burned and lost forever in the tragedy of Megantic lake.
“This means that your will, your house purchase contract, your marriage contract, your mortgage will be accessible on your tablet or on your computer,” explained the minister. However, paper copies can be obtained on request, he said.
This central register will be subject to the highest security standards and a security audit at regular intervals, insists Mr. Jolin-Barrette.
In certain specific cases, the documents could be signed remotely, which would simplify the process, particularly for people who have difficulty traveling. During the COVID-19 pandemic, the Legault government had also adopted a ministerial decree authorizing the use of remote electronic signature to finalize a notarial deed.
The second change aims for better access to justice. In the case of certain contracts, such as money loans, the lender and the borrower could agree, directly in the notarial deed, the consequences of non-compliance with the contract. For example, in the event of non-payment of several monthly mortgage payments, the notarial deed could be given directly to a bailiff. The latter could immediately seize property or bank accounts.
No need to go before a judge in the event of disagreement, underlines the minister. Faster and less expensive, he argues.
This would obviously free up magistrates who could then hear other civil cases, thus contributing to the unclogging of courthouses.
Bill 34 also provides for the creation of a category of retired notaries, who could, if the bill is adopted, work within non-profit organizations and lend a hand in legal clinics.
A previous version of this text, which indicated that the permission to authorize the use of electronic signature to finalize a notarial act had ended, has been modified. This authorization has been extended until August 31, 2024.