Acts and Regulations

2021, c.2 - An Act to Amend the Notaries Public Act

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2021, c.2
An Act to Amend the
Notaries Public Act
Assented to March 26, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1The heading “Appointment or attorney” preceding section 1 of the Notaries Public Act, chapter 197 of the Revised Statutes, 2011, is repealed and the following is substituted: 
Members of the Law Society
2Section 1 of the Act is repealed and the following is substituted: 
1Every member of the Law Society of New Brunswick is a notary public.
3The heading “Examination of persons other than attorneys” preceding section 2 of the Act is repealed.
4Section 2 of the Act is repealed.
5Section 3 of the Act is amended by striking out “A notary public” and substituting “Subject to section 5.1, a notary public”.
6Section 4 of the English version of the Act is amended by striking out “his or her” and substituting “the notary public’s”.
7The heading “Effect of disbarment, suspension or resignation of attorney” preceding section 5 of the Act is repealed and the following is substituted: 
Effect of ceasing to be a member
8Section 5 of the Act is repealed and the following is substituted: 
5If a member of the Law Society of New Brunswick is disbarred or suspended under the Law Society Act, 1996 or otherwise ceases to be a member, the person’s status as a notary public is suspended as of the date they are disbarred or suspended or otherwise cease to be a member, as the case may be, until the person again becomes a member.
8.1The Act is amended by adding after section 5 the following: 
Powers of notary public who is not a practising member
5.1A member of the Law Society of New Brunswick who is not a practising member may not use or exercise any power of a notary public that involves engaging in the practice of law as defined in the Law Society Act, 1996.
9The heading “Regulations” preceding section 6 of the Act is repealed.
10Section 6 of the Act is repealed.