Long-awaited Quebec law to modernize the notary profession was passed on Tuesday

Quebec Justice Minister Simon Jolin-Barrette tables a legislation on Courts of Justice, at the legislature in Quebec City, Tuesday, May 9, 2023. THE CANADIAN PRESS/Jacques Boissinot

Bill 34, aimed at modernizing the notarial profession and promoting access to justice, was passed unanimously by the national assembly on Tuesday. The Quebec association of professional notaries (APNQ) welcomed the decision.

Justice Minister Simon Jolin-Barrette tabled Bill 34 in early September. At the time, he said he wanted to propose a "complete modernization" of the notarial profession, which he felt had long been neglected.

The Act to modernize the notarial profession and promote access to justice will give Quebecers access to home purchase contracts, marriage contracts and wills on their tablets or computers.

These notarial deeds can now even be signed remotely in certain circumstances.

This means that any deeds that Quebecers wish to have notarised can be done digitally. However, it will still be possible to request a paper copy.

A digital registry will also be set up and managed by the Chambre des notaires, where all notarial deeds will be collated.

"The regulation of notarial deeds on technological media and the establishment of a central digital registry will propel the notarial profession into the digital age while guaranteeing the full security of these deeds," the APNQ said in a press release on Tuesday, saying it was "delighted" by the new legislation.

"In addition to relieving congestion in the courts, this legislation will make it easier for notaries to serve Quebecers through a series of major revolutions that the profession has been awaiting and calling for for many years," APNQ president Kevin Houle said in the same release.

The second component of Bill 34 is designed to enable notaries to become more involved in promoting access to justice. For example, certain notarial acts could become enforceable.

The consequences of breaching a contract could be agreed at the notary's office. This would save the parties from having to go to court in the event of a disagreement.

Notarial practice was still governed by rules dating back to 1968. In the early 2000s, a law on notaries was passed, but it was not applied because it was not adapted to technological developments.

With information from Caroline Plante

This report by The Canadian Press was first published in French on Oct. 24, 2023.