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A Notary in Quebec is very different from Notaries in the rest of North America.
A Quebec Notary is a trained Lawyer who specializes in Wills, Real Estates and Marriage Contracts.
A Quebec Notary Notary is a trained Lawyer who does everything but plead in Court.
Quebec notaries have a much wider range of services than notaries elsewhere in Canada. They may advise clients on legal matters, represent clients before tribunals and administration boards and draw up legal documents such as contracts and wills. Quebec notaries are employed by federal, provincial and municipal governments and various business establishments or they may be self-employed.
Notaries (Quebec) Qualifications
- Two to three years of undergraduate studies or, in Quebec, completion of college program
- A bachelor's degree from a recognized law school
- A one-year course in notarial practice from a recognized faculty of law or a Diploma of Notarial Law (D.D.N.)
- Successful completion of the final examination set by the Chamber of Notaries.
- Registration with the Chamber of Notaries is required.
- In Quebec, membership in the professional corporation for notaries is mandatory.
- Quebec notaries may specialize in a particular area of law through experience.
Schedule of fees for Quebec Notaries
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 .
(100 % of the fees prescribed for the principal deed)
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 .
(50 % of the fees prescribed above).
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.
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CHAPTER II
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.
CHAPTER III
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.
CHAPTER IV
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 $.
CHAPTER V WILL, REVOCATION OF WILL
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.
CHAPTER VI
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.
CHAPTER VII TUTORSHIPS, CURATORSHIPS, AUTHORIZATIONS
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.
CHAPTER VIII PROCEDURE RELATING TO SUCCESSIONS
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 $.
CHAPTER IX
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.
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