Acts and Regulations

2011, c.197 - Notaries Public Act

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2011, c.197
Notaries Public Act
Deposited May 13, 2011
Appointment or attorney
1(1)Subject to subsection (2), the Lieutenant-Governor in Council may, as he or she thinks fit, appoint under the Great Seal of the Province one or more notaries public for the Province.
1(2)Subject to section 5, every attorney who, on or after June 16, 1983, becomes a member in good standing of the Law Society of New Brunswick is a notary public from the time he or she becomes a member in good standing.
R.S.1973, c.N-9, s.1; 1983, c.60, s.1; 1987, c.6, s.73
Examination of persons other than attorneys
2A person, other than an attorney duly admitted as such in the Province, desirous of being appointed as a notary public is subject to examination by the Attorney General in regard to his or her qualification for the office, and no person shall be appointed a notary public without a certificate from the Attorney General that the Attorney General has examined the applicant, finds the applicant qualified for the office and is of the opinion that a notary public is needed for the public convenience in the place where the applicant resides and intends to carry on business.
R.S.1973, c.N-9, s.2; 2006, c.16, s.126
Powers of notary public
3A notary public has and may use and exercise the power of drawing, passing, keeping and issuing all deeds, contracts, charter parties and other mercantile transactions, in the Province, and also attesting all commercial instruments that may be brought before him or her for public protestation, and may otherwise act as usual, or as authorized by any act of the Province, in the office of notary, and demand, receive and have all the rights, profits and advantages rightfully appertaining and belonging to the calling of notary public during pleasure and during residence in the Province.
R.S.1973, c.N-9, s.4
Administration of oath, affirmation or declaration
4A notary public may administer any oath, affirmation or declaration required to be administered, sworn, affirmed, made, taken or received under and by virtue of any act of the Legislature, the Parliament of Canada or that of Great Britain or the Legislature of any province or British colony, or by the laws of any foreign country, and attest to it under his or her hand and notarial seal.
R.S.1973, c.N-9, s.5
Effect of disbarment, suspension or resignation of attorney
5(1)If an attorney who is a notary public is disbarred or suspended under the Law Society Act, 1996 or resigns as a member in good standing of the Law Society of New Brunswick, his or her status as a notary public shall be deemed to be suspended as of the date of the disbarment, suspension or resignation, as the case may be, until the attorney again becomes a member in good standing of the Society.
5(2)If, before May 31, 1979, an attorney was disbarred or suspended or resigned as a member in good standing of the Law Society of New Brunswick, his or her appointment as a notary public under section 1 shall be deemed to be suspended on May 31, 1979, until the attorney again becomes a member in good standing of that Society.
1979, c.50, s.1; 1981, c.55, s.1; 1983, c.60, s.2; 1987, c.6, s.73
Regulations
6The Lieutenant-Governor in Council may make regulations for the examinations and certificates referred to in section 2.
R.S.1973, c.N-9, s.3
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.