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Statutes of Newfoundland and Labrador 2010


CHAPTER 6

AN ACT TO AMEND THE NOTARIES PUBLIC ACT

(Assented to June 24, 2010)

Analysis


        1.   S.2 Amdt.
Appointments of notaries

        2.   S.5 Amdt.
Revocation of appointment

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

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 Subsections 2(1) and (2) of the Notaries Public Act are repealed and the following substituted: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

 

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

 

        3. Section 7 of the Act is repealed.

 

        4. 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             (2)  A person whose appointment as a notary public has been revoked under subsection 5(1) or (2) who after the revocation uses or exercises a power conferred on a notary public by this Act is guilty of an offence and liable on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.