2010 Bill 8

	8


Third Session, 46th General Assembly 59 Elizabeth II, 2010
BILL 8
AN ACT TO AMEND THE NOTARIES PUBLIC ACT
Received and Read the First Time........................................................................... April 29, 2010
Second Reading........................................................................................................ May 13, 2010
Committee........................................................................................... Amendment June 10, 2010
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE FELIX COLLINS Minister of Justice and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Notaries Public Act to address a number of deficiencies found in it.

It would permit persons who have the status of permanent residents of Canada to be appointed as notaries public.

It would remove an obsolete provision respecting the setting of fees that a notary public may charge.

It would make it an offence to purport to be a notary public when one is not.

A BILL

AN ACT TO AMEND THE NOTARIES PUBLIC ACT

Analysis

1. S.2 Amdt.
Appointments of notaries

1.1 S.5 Amdt.
Revocation of appointment

2. S.7 Rep.
Rules committee may fix scale of fees

3. S.10 Added
Offence

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cN-5
as amended

1. Subsections 2(1) and (2) of the Notaries Public Act are repealed and the following substituted:

Appointment of notaries

2. (1) The Minister of Justice 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 of Justice and the application shall be accompanied by his or her affidavit stating that the person is a Canadian citizen or has the status of a permanent resident of Canada, the date and place of his or her birth and his or her place of residence.

1.1. Subsection 5(6) of the Act is amended by deleting the words and commas "or who, after the revocation of his or her appointment, uses or exercises the powers conferred upon a notary public by this Act".

2. Section 7 of the Act is repealed.

3. The Act is amended by adding immediately after section 9 the following:

Offence

10. (1) A person who holds himself or herself out as 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.