1. The purpose of this Regulation is to ratify the agreement between the Minister of Justice and the Chambre des notaires respecting the tariff of fees of notaries applicable for the purposes of the Legal Aid Act which replaces the agreement reached on 9 December 1974.

1.01. The intent of this Agreement is to determine the fees applicable to professional services rendered by notaries within the meaning of the legal aid plan.

1.02. It governs every notary who agrees to render professional services to a recipient in accordance with the Legal Aid Act (R.S.Q., c. A-14).

2.01. Every legal service provided in accordance with the provisions of the Act and the Agreement shall be remunerated according to the tariffs indicated in a document which is annexed hereto.

2.02. The notary shall forward his statement of fees and expenses to the legal aid body that assigned the mandate to him. Payment shall be made within 45 days following receipt of the said statement.

2.03. Any amount due and unpaid on a statement of fees drawn up in accordance with the Act and the Agreement, shall bear per annum interest 45 days after being received by the legal aid body or, as the case may be, by the Commission.

This interest rate is equal to the discount rate of the Bank of Canada in force on 1 April and 1 October each year, plus 1 1/2 %. The rate plus thus fixed shall be effective for the next 6 months.

A statement of fees is complete when it specifies the services provided according to the nomenclature and the terms of the Schedule or the mandate agreed upon, where applicable.

3.01. A dispute arises from any disagreement concerning the interpretation or application of the Agreement.

3.02. A dispute is submitted by a notary by means of a notice addressed to the Commission; the notice must contain a summary statement of the facts and the correction measures required.

A dispute concerning a contestation of fees must be submitted within 6 months following receipt of a notice of refusal to pay or claim for reimbursement; in such case, a copy of the notice of dispute shall be sent to the regional corporation.

3.03. Upon receipt of a notice of dispute, the Commission shall give its answer in writing.

If the notary is dissatisfied with the decision or if no decision is transmitted to him within 30 days after submission of the notice of dispute, the notary may call for arbitration.

Such arbitration is called for by the sending of a notice to the Commission.

4.01. Any dispute submitted for arbitration under this Agreement shall be decided by an arbitrator appointed by the Chief Justice of the Court of Québec from among the judges of that Court.

4.02. The arbitrator may maintain, modify or rescind the decision which is in dispute and, subject to the conditions of his award, order payment or reimbursement, fix a compensation, re-establish a right or make any other order deemed equitable under the circumstances. However, the arbitrator may not modify the provisions of the Agreement.

4.03. The arbitrator may make a provisional award at all times.

4.04. Stenography or tape recording fees, if any, shall be assumed by the Commission.

4.05. The arbitrator shall communicate every award by registered or certified mail to the parties, the Commission and the Chambre des notaires.

5.01. This Agreement shall bind the Commission and every legal aid body.

5.02. This Agreement shall take effect upon the date of publication in the Gazette officielle du Québec of the ratifying Regulation. It shall terminate on 30 June 1978.

However, the fees prescribed in the Schedule shall apply to mandates assigned by a legal aid body subsequent to the date of publication in the Gazette officielle du Québec of the Regulation ratifying this Agreement.

IN TESTIMONY WHEREOF, the parties have signed in Québec this fifteenth (15th) day of April 1977.

Marc-André Bédard.

Julien Mackay.

1.The fees prescribed in this Agreement shall apply only to the services provided by notaries within the meaning of the Legal Aid Act.

2.The Schedule includes a list of deeds, a tariff for such deeds, these general rules and certain particular rules.

3.The services referred to herein shall be by contract. The fees fixed shall include all that is entailed in carrying out the mandate received. No other remuneration shall be paid to a notary by a corporation unless otherwise agreed upon.

4.Every service provided by a notary within the meaning of the Legal Aid Act and which is not referred to in the Schedule shall be remunerated in accordance with the tariff agreed upon with the corporation at the time of acceptance of the mandate. However, such tariff shall not exceed that in force in the profession.

For the preparation, execution and preservation of any deed of sale, transfer, obligation, hypothec, giving in payment, lease with promise of sale, discharge-transfer, loan, pledge, transfer, subrogation:

1.The fees shall be calculated for each deed according to the consideration stipulated in the deed or the value of the property if the consideration is nominal, as follows:

7000 $ or less: the higher of the 2 following amounts:

10 $ per 1000 $ or fraction of 1000 $ or 30 $;

7001 $ and over: 70 $ plus 3 $ per 1000 $ or fraction of 1000 $ exceeding 7000 $.

These fees include in addition to the fees for the deed itself, the fees for all that is necessary to complete the execution of the mandate received. They include, in particular, the fees for the appearance, the preparation of the notice of address, the verification and adjustment of taxes, the transfer of insurance, attendances, the documents attached and the certificate they include, the responsibility of a former obligation, the necessary copies, as well as the fees for the inclusion in the deed of the usual warranty clauses for the payment of the remainder of the sale price, the balance or completion of the obligations of one or more parties.

2.Examination of titles

The examination of titles includes in particular the examination of the certificate of search from the time of the cadastre or at least 50 years unless agreed upon otherwise, in which case such period may be limited to 30 years, the search at the registry office for the same purpose, the examination of all the deeds forming the chain of titles and, if deemed necessary, of those which appear in the index of immoveables and affecting the lot concerned, the examination of the hypothecary state, the examination of the certificate of location, where applicable, the inquiry to establish the state of the land assessments encumbering or affecting the immoveable save exemption, the examination of all other documents required to establish the state of the titles of the immoveable and the opinion on the title, a summary report given in writen of such examination .

Where the notary carries out only a summary examination of the titles or carries out only one inspection at the registry office: 15 $.

3.Where the deeds prescribed in this Division are not in respect of any immoveable .

4.If, so a notarial deed including a principal warranty, notarial deeds are added which include additional warranties such as, in particular, a pledge of agricultural property, a commercial pledge, real surety, personal surety, transfer, the remuneration of the notary shall correspond to the sum of the fees prescribed for the first 2 deeds only.

For the preparation, execution and preservation of any deed of servitudes: 55 $.

Such fees include in particular the fees for the designation of the servient land, the land to which the servitude is due and the place to which an easement applies, the necessary interventions, the reference to proofs of debt as well as 2 copies.

For any discharge, release of hypothec and other deeds involving cancellation: 35 $.

Such fees include in particular any verification of the amounts or accounts, any attendance at the registry office as well as 2 copies.

For any mariage contract, the fees shall include in particular the preparation and drawing up of the contract (including gifts and contractual institution where applicable), 2 or 3 copies; the preparation of the notice of entry in the central register of the matrimonial regimes in 3 copies, the signing and sending of such notice, and also the receipt of the notice and its annexation to the minutes of the contract:55 $.

1.For the preparation, receipt and preservation of:

(a)any will:35 $;

(b)any will between husband and wife -in favour of the last survivor- including, as the case may be, common substitution in favour of the children (for both wills signed at the same time):60 $.

These fees include in particular a copy of the testator and disbursements for entry in the Register of Wills.

2.For the preparation, receipt and preservation of any general revocation of will provisions by separate deed:15 $.

These fees include in particular a copy to the testator and disbursements for entry in the Register of Wills.

For any power of attorney, authorization, concurrence and consent by separate deed, as well as for their revocation:30 $.

Such fees include, in particular the sending, correspondence and other attendances, as well as the necessary copies.

For each tutorship or appointment or authorization procedure in relation to an incapacitated person: 50 $.

For each curatorship or appointment or authorization procedure in relation to an incapacitated person: 60 $.

Inventory(917 of the Code of Civil Procedure)in the case of a curatorship: 90 $.

These fees include in particular the declaration, the notice of convocation, the holding of the family council, the minutes of the family council, the petition and the affidavits.

When a person requires the services of a notary from a legal aid corporation for the settlement of a succession, such person shall be sent first to a notary of his choice. The latter shall immediately establish a statement of the assets and liabilities of the succession.

Next, the client shall present that statement to the corporation which shall decide whether or not to grant legal aid. Where such aid is granted, the remuneration of the notary shall be fixed as follows:

1.For the drawing up of the statement of assets and liabilities of the succession (establishment of the devolution): 90 $.

2.For renunciation of the succession: 25 $.

3.For pure and simple acceptance or under benefit of inventory as well as the very settlement of the succession .

1 1/2 % of the gross amount of the assets of the succession with à 75 $ minimum.

Supplement for succession of immoveables : 50 $.

These fees shall also include any service for the obtainment and classification of deeds, exhibits and information necessary for the preparation of declaration and inventories and the correspondence to that effect; the preparation and receipt of declarations for the duty office on estate rights; the preparing and signing of statutory forms; the sending of documents to the duty office; the correspondence relating to the payment of income tax, the receipt of permits to dispose; the preparation and receipt of 2 notices of transmission, the required copies of the deeds abovementioned and any attendance for registration.

4.Proof of will:

-production of a certificate of search from the Registrar of wills and production of a copy of a notarized will: 10 $.

OR

-production of a copy of a judgment of probate of a will (petition, affidavit, serving): 50 $.

For each copy or abstract of deeds and exhibits annexed provided by the notary upon the request of a third party within the meaning of legal aid, with the exception of the copies or abstracts otherwise already included in the remuneration under this agreement: 5 $.

These fees also include remuneration for the signing and sending of the copy.