Acts and Regulations

N-9 - Notaries Public Act

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Repealed on 1 September 2011
CHAPTER N-9
Notaries Public Act
Repealed: R.S.N.B. 2011, Schedule A
Appointment of notaries public
1(1)Subject to subsection (2), the Lieutenant-Governor in Council may appoint, as he thinks fit, under the Great Seal of the Province one or more notaries public for this Province.
Attorneys in good standing notaries public
1(2)Subject to section 6, every attorney who, after the time of the coming into force of this section, becomes a member in good standing of the Law Society of New Brunswick is from the time he becomes a member in good standing a notary public.
R.S., c.160, 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 qualification for the said office, and no person shall be appointed a notary public without a certificate from the Attorney General that he has examined the applicant, finds him 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., c.160, s.2; 2006, c.16, s.126
Regulations
3The Lieutenant-Governor in Council may make regulations for such examinations and certificates.
R.S., c.160, s.3
Powers of notary public
4A 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 for public protestation, and may otherwise act as usual, or as authorized by any statute 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., c.160, s.4
Powers of notary public
5Every such notary may administer all oaths, affirmations or declarations required to be administered, sworn, affirmed, made, taken or received under and by virtue of any Act of this Legislature, or of the Parliament of Canada or that of Great Britain or of the Legislature of any Province or British Colony or by the laws of any foreign country, and to attest the same under his hand and notarial seal.
R.S., c.160, s.5
Effect of disbarment, suspension or resignation of attorney
6(1)Where an attorney who is a notary public is disbarred or suspended under the Law Society Act or resigns as a member in good standing of the Law Society of New Brunswick his 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 such time as the attorney again becomes a member in good standing of the Society.
6(2)Where, prior to the coming into force of this section, an attorney was disbarred or suspended or resigned as a member in good standing of the Law Society of New Brunswick his appointment as a notary public under section 1 shall be deemed to be suspended on the coming into force of this section until such time as 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
N.B. This Act is consolidated to September 1, 2011.