35

 

Third Session, 45th General Assembly

55 Elizabeth II, 2006

BILL 35

AN ACT TO AMEND THE NOTARIES PUBLIC ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, QC

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTE

This Bill would amend the Notaries Public Act to provide that a member of the law society who is suspended or disbarred automatically has his or her designation as a notary public revoked.

A BILL

AN ACT TO AMEND THE NOTARIES PUBLIC ACT

Analysis


        1.   S.5 R&S
Revocation of appointment


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

RSNL1990 cN-5
as amended

        1. Section 5 of the Notaries Public Act is repealed and the following substituted:

Revocation of appointment

        5. (1) The Minister of Justice, 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 his or her seal to the Minister of Justice and shall return to the minister his or her certificate of appointment.

             (5)  A person appointed as a notary public before July 1, 1957, shall, where his or her appointment is revoked, return to the minister his or her certificate of appointment or other evidence of the appointment issued to that person.

             (6)  A person who refuses or fails to surrender his or her seal or to return his or her certificate or other evidence of appointment as required under subsection (4) or (5), or who, after the revocation of his or her appointment, uses or exercises the powers conferred upon a notary public by this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $100.