RSNL1990 CHAPTER N-5 - NOTARIES PUBLIC ACT

RSNL1990 CHAPTER N-5 NOTARIES PUBLIC ACT Amended: 1996 cR-10.1 s52; 2001 cN-3.1 s2; 2006 c34; 2010 c6; 2023 c4 CHAPTER N-5 AN ACT RESPECTING NOTARIES PUBLIC Analysis 1. Short title 1.1 Definitions 2. Appointment of notaries 3. Fees 4. Certificate 5. Revocation of appointment 6. Powers 7. Rep. by 2010 c6 s3 8. Oaths, affirmations, etc. 9. Seal 10. Offence 11. Regulations Short title 1. This Act may be cited as the Notaries Public Act. RSN1970 c275 s1 Back to Top Definitions 1.1 In this Act, (a) "audio-visual technology" means technology which allows a person signing a document and a person witnessing the signing of the document who are not in the physical presence of one another to see, hear and communicate with each other at all times; (b) "lawyer" means a member in good standing of the Law Society of Newfoundland and Labrador; and (c) "minister" means the minister appointed under the Executive Council Act to administer this Act. 2023 c4 s18 Back to Top Appointment of notaries 2. (1) The minister may appoint a person who is a Canadian citizen and resident in the province or a person who has the status of a permanent resident of Canada and is a resident of the province to be a notary public for the province. (2) A person who wishes to be appointed a notary public shall apply in writing to the minister and the application shall be accompanied by the person’s affidavit stating that the person is a Canadian citizen or has the status of a permanent resident of Canada, the date and place of the person’s birth and the person’s place of residence. (3) A person who supplies false information to the minister in making an application under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $200. RSN1970 c275 s2; 1973 No48 s4(w); 1983 c76 s11; 2010 c6 s1 ; 2023 c4 s19 Back to Top Fees 3. A person who is appointed to be a notary public shall, before receiving a certificate of appointment, pay to the minister the fee the minister may set. 1996 cR-10.1 s52 ; 2023 c4 s20 Back to Top Certificate 4. (1) The appointment of a notary public shall be evidenced by a certificate in a form approved by the minister. (2) A person who is appointed to be a notary public shall, before acting as a notary public, appear before the Chief Justice of Newfoundland and Labrador, the Chief Justice of the Supreme Court, one of the judges of the Court of Appeal or the Supreme Court or before a Provincial Court judge and take the oath or affirmation of allegiance and oath or affirmation of office which shall be printed on the certificate. (3) A certificate issued under subsection (1) shall be received in a court in the province as, in the absence of evidence to the contrary, evidence of the facts stated in it and of the authority of the person by whom the certificate purports to be signed without proof of the appointment or signature of that person. (4) The appointment of a notary public shall be complete upon the notary public's taking the oath or affirmation of allegiance and of office in accordance with subsection (2). (5) The minister shall keep an index of all notaries public. (6) The index required to be kept under subsection (5) shall be divided into 2 parts as follows: (a) in one part the name of each notary public shall be entered at the time of the notary public's appointment together with the notary public's address, the date of the appointment, and the date of revocation of the appointment; and (b) in the other part the names of all notaries public shall be listed by cities, towns or other place of residence. RSN1970 c275 s4; 1973 No48 s4(w); 1974 No57 s38 (262); 1977 c46 s10; 1979 c38 s7; 1983 c76 s11; 1986 c42 Sch B; 2001 cN-3.1 s2 ; 2023 c4 s21 Back to Top Revocation of appointment 5. (1) The minister, without assigning a reason for doing so, may revoke the appointment of a notary public. (2) The appointment of a notary public who is a member of the Law Society of Newfoundland and Labrador is automatically revoked where the member is suspended or disbarred under the Law Society Act, 1999. (3) The revocation of an appointment referred to in subsection (2) takes effect on the date the suspension or disbarment under the Law Society Act, 1999 takes effect. (4) A person whose appointment as a notary public is revoked under subsection (1) or (2) shall surrender the person’s seal to the minister and shall return to the minister the person’s certificate of appointment. (5) A person appointed as a notary public before July 1, 1957, shall, where the person’s appointment is revoked, return to the minister the person’s certificate of appointment or other evidence of the appointment issued to that person. (6) A person who refuses or fails to surrender the person’s seal or to return the person’s certificate or other evidence of appointment as required under subsection (4) or (5), is guilty of an offence and liable on summary conviction to a fine not exceeding $100. 2006 c34 s1 ; 2010 c6 s2 ; 2023 c4 s22 Back to Top Powers 6. (1) Subject to the Law Society Act, 1999 a notary public has and may use and exercise power to witness a document brought before the notary public and demand and receive the fees provided by this Act or another statute or law. (2) For the purposes of subsection (1), the words "brought before the notary public" includes attendance through the use of audio-visual technology provided that the notary public (a) is a lawyer; and (b) complies with the requirements prescribed in the regulations. RSN1970 c275 s6; 2023 c4 s23 Back to Top Rep. by 2010 c6 s3 7. Rep. by 2010 c6 s3 2010 c6 s3 Back to Top Oaths, affirmations, etc. 8. (1) A notary public may administer all oaths, affirmations, or declarations required to be administered, sworn, affirmed, made, taken, or received under an Act of the Legislature or of the Parliament of Canada or of the Legislature of another province or by the laws of a foreign country or state, and to witness the oaths, affirmations or declarations by affixing the notary public's notarial seal and signing the notary public's name to the relevant document. (2) For the purposes of subsection (1), a notary public may witness an oath, affirmation or declaration through the use of audio-visual technology provided that the notary public (a) is a lawyer; and (b) complies with the requirements prescribed in the regulations. RSN1970 c275 s8; 2023 c4 s24 Back to Top Seal 9. (1) A notary public shall acquire a seal which shall be of metal and on which shall be engraved the person's name and the words "Notary Public" and "Newfoundland and Labrador". (2) A notary public shall place the notary public’s seal to every document which the person signs in that capacity. (3) A notary public who fails to comply with subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $10. RSN1970 c275 s10; 2001 cN-3.1 s2 ; 2023 c4 s25 Back to Top Offence 10. (1) A person who represents to be a notary public without having been appointed as one is guilty of an offence and liable on summary conviction to a fine of not more than $500. (2) A person whose appointment as a notary public has been revoked under subsection 5(1) or (2) who after the revocation uses or exercises a power conferred on a notary public by this Act is guilty of an offence and liable on summary conviction to a fine of not more than $500. 2010 c6 s4 ; 2023 c4 s26 Back to Top Regulations 11. (1) The Lieutenant-Governor in Council may make regulations (a) prescribing the requirements for attendance through the use of audio-visual technology; (b) defining a word or expression used but not defined in this Act; and (c) generally, to give effect to the purpose of this Act. (2) The Lieutenant-Governor in Council may in addition to or instead of regulations made under subsection (1)(a) adopt by reference and constitute as regulations the whole or part of provisions of the Rules of the Law Society of Newfoundland and Labrador, with or without modification, and including any amendments to the Rules of the Law Society of Newfoundland and Labrador. 2023 c4 s27