Acts and Regulations

2011, c.197 - Notaries Public Act

Full text
Current to 1 January 2024
2011, c.197
Notaries Public Act
Deposited May 13, 2011
Members of the Law Society
2021, c.2, s.1
1Every member of the Law Society of New Brunswick is a notary public.
R.S.1973, c.N-9, s.1; 1983, c.60, s.1; 1987, c.6, s.73; 2021, c.2, s.2
Examination of persons other than attorneys
Repealed: 2021, c.2, s.3
2021, c.2, s.3
2Repealed: 2021, c.2, s.4
R.S.1973, c.N-9, s.2; 2006, c.16, s.126; 2021, c.2, s.4
Powers of notary public
3Subject to section 5.1, a 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; 2021, c.2, s.5
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 the notary public’s hand and notarial seal.
R.S.1973, c.N-9, s.5; 2021, c.2, s.6
Effect of ceasing to be a member
2021, c.2, s.7
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.
1979, c.50, s.1; 1981, c.55, s.1; 1983, c.60, s.2; 1987, c.6, s.73; 2021, c.2, s.8
Powers of notary public who is not a practising member
2021, c.2, s.8.1
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.
2021, c.2, s.8.1
Repealed: 2021, c.2, s.9
2021, c.2, s.9
6Repealed: 2021, c.2, s.10
R.S.1973, c.N-9, s.3; 2021, c.2, s.10
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to March 26, 2021.