Notaries are in breach of their professional ethics when they fail to fulfill their obligations through their conduct, their lack of integrity or diligence or any other infraction of the Professional Code, the Notaries Act, the Code of ethics of notaries or the other regulations to which they are subject.
The Investigations and Litigation Department ensures the protection of the public by conducting investigations on the basis of reports indicating that a notary has not complied with the laws and regulations governing the profession. The majority of notaries provide quality services, but it is possible that you may be dissatisfied with the services you received from a notary.
Before submitting a request for an inquiry:
- Contact your notary
Before filing a complaint, contact your notary to inform them of your dissatisfaction or to request an explanation. For example, you want to know when you can expect a copy of a notarized deed or a cheque. Your notary will be able to provide you with this information.
Are you looking for legal information?
If you are looking for general legal information, we suggest that you check our frequently asked questions. There you will find answers to many questions about liquidating successions, selling property and other subjects.
For legal advice, do not hesitate to consult a notary.
Some situations that may justify the opening of an investigation
- The settlement of a succession is taking a long time and there is no apparent reason for the delays;
- The notary has delayed remitting the proceeds of a sale to you, without any explanation;
- The notary has given preference to one party to the detriment of another;
- The notary has a personal stake in a transaction they are handling;
- The notary has collected fees without your written authorization;
- The notary has used money you provided for purposes other than those you intended.
Some situations are not ethical breaches and do not fall under our jurisdiction
- An error or omission committed in good faith by your notary
- Adjustments required as a result of your tax bill:
- If the deed of sale has been executed, any subsequent adjustments must normally be made between the parties
- A dispute with your seller or the discovery of a hidden defect:
- You would then seek to obtain a civil remedy.
- If the notary pays the broker’s fee despite your instructions:
- The notary that draws up a real estate transaction involving a broker is obligated to pay the broker’s fee even if the seller is dissatisfied. The seller should contact the Organisme d’autoréglementation du courtage immobilier du Québec (oaciq.com/en) if they wish to file a complaint or dispute the fee amount.
If your inquiry justifies the opening of an investigation, a syndic will be assigned to handle your case and will contact you. For more information, consult the drop-down menu section entitled: “Information on the holding of an investigation”
What are your expectations?
The Chambre des notaires du Québec cannot under any circumstances cancel an act executed by a notary or provide you with financial compensation for damages. The following applications can only be decided by a civil court:
- Award compensation for damages suffered;
- Dispute the validity of a deed or cancel it;
- Obtain remediation or correction of an error or omission by a notary.
If these are your expectations, we invite you to consult a legal counsel as the Chambre des notaires du Québec cannot provide a legal opinion. Only a lawyer in private practice is authorized to do so.
Submitting a request for an inquiry by the Syndic
OR
- You can print the survey request form and send it by fax or mail, along with the necessary documents.
Chambre des notaires du Québec
Direction des enquêtes et du contentieux
101-2045 Stanley St.
Montréal QC H3A 2V4
Tel. : 514-879-1793 /1-800-263-1793
Fax : 514-879-1589
The investigation
The Syndic has extensive powers of investigation as part of their duties. In order to properly assess the situation, they may require the notary or any other person to provide information or documents that they deem useful. They may also propose mediation.
The contents of an investigation conducted by the Syndic are strictly confidential. Information gathered by the Syndic is kept by the Investigations and Litigation Department and cannot be accessed by employees of the Order.
Timelines
The time needed to complete an investigation varies according to the nature of the file. You will be informed by the Syndic in writing if the investigation will last more than 90 days. The Syndic will then keep you informed of the progress of the investigation every subsequent 60-day period.
Conclusions
Once the investigation is complete, the Syndic will inform you in writing of their decision whether or not to lodge a complaint against the notary with the Disciplinary Council.
Review
If the Syndic decides not to file a complaint, they will inform you that you may request an opinion from the Review Committee. You may then send your written request to the Review Committee within 30 days of receipt of the decision.
Filing a complaint with the Disciplinary Council
If the Syndic decides to lodge a disciplinary complaint against the notary, the Disciplinary Council will render a decision on whether or not the notary is culpable, and if so, will impose one or more sanctions such as:
- a reprimand;
- temporary or permanent striking from the roll of the Order;
- a fine of at least $2,500 and up to $62,500 for each infraction.
The Disciplinary Council does not have the power to award compensation to the complainant. To claim damages and interest, you must file a suit with the civil court.
Submitting a request for an inquiry by yourself
If you wish to file a complaint against a notary for breach of ethics, you are strongly recommended to contact the Investigations and Litigation Department by making a request for an investigation. The latter enjoys broad investigative powers which make him the best qualified professional to exercise this remedy.
However, it is also possible to file a complaint against a notary or an ex-notary by preparing your file yourself.
If you wish to file a complaint yourself, you will be responsible for preparing the file, either: draft your complaint, file it with the secretary of the disciplinary council of the Chambre des notaires and present the evidence yourself before the council during the hearing.
Rules and requirements:
- The complaint must be made in writing, supported by the complainant’s oath (affidavit) and must be presented in duplicate (2 originals);
- The complaint must indicate the name, title and address of the respondent, the name and address of the complainant, his telephone number and, where applicable, his e-mail address and fax number, and be accompanied a notice of denunciation of the documents invoked in its support;
- The complaint must briefly indicate the nature and circumstances of time and place of the offense alleged against the professional;
- All parties, including the complainant, have the right to be assisted or represented by a lawyer;
- The complainant may be ordered to pay the costs if the respondent has been acquitted on each of the counts contained in the complaint and the complaint is deemed to be abusive, frivolous or manifestly ill-founded;
- In accordance with the provisions of the Professional Code, the committee must come to one of the following conclusions in its opinion:
In accordance with the current state of the case law, you must, before the hearing, disclose the evidence to the notary concerned, that is to say send him all the documents that you intend to produce before the disciplinary council. .
Disciplinary hearings take place before a quasi-judicial tribunal in the form of questioning and cross-examination. You must be present at the hearing and prove your claims before the disciplinary council. Note that the filing of documents is done in six (6) copies. You can ask the council to summon witnesses.
For any additional information:
Chambre des notaires du Québec
Direction des services juridiques
Secrétariat du conseil de discipline
Tel. : 514 879-1793 / 1 800 263-1793
discipline@cnq.org
