Job Description
Notaries’ work involves 4 main types of activities: preparing 'authentic acts', giving legal advice to clients, representing clients in court cases that are “uncontested” and performing marriage ceremonies.
Depending on a notary’s specialty and interests, he can end up working in different environments:
Preparing Authentic Acts
Sometimes a person will see a notary to get a document called an “authentic act”. This is a legal document prepared according to special rules. The notary keeps the original of the document in a safe place, so it cannot be changed. The client gets a copy of the document to keep.
Examples of authentic acts that notaries prepare include:
Some documents are not valid unless they are prepared by a notary as an authentic act, such as a hypothec for land.
When a notary has prepared an authentic act, it is difficult to contest that the document is not valid. A bank, for example, takes for granted that a hypothec is genuine if it has been prepared as an authentic act by a notary. It is also usually difficult for parties to claim during a trial that an authentic act isn’t real or what they agreed to, or that it’s not their signatures on the document.
For example, notaries can help a person prepare a will as an authentic act. A will is a written document explaining what a person wants to do with all the things she owns when she dies. If a court case happens later on concerning what is included in the will, the court usually accepts that the will is real because the will was prepared by a notary. Courts have a level of trust in authentic acts prepared by notaries that make these legal documents more credible in court.
Examples of authentic acts that notaries prepare include:
- marriage contracts
- wills
- mandates related to capacity (which explain who will take care of someone's affairs if he is suddenly unable to look after himself due to illness or accident, for example)
- gifts giving away land or a building
- hypothecs (a type of mortgage)
Some documents are not valid unless they are prepared by a notary as an authentic act, such as a hypothec for land.
When a notary has prepared an authentic act, it is difficult to contest that the document is not valid. A bank, for example, takes for granted that a hypothec is genuine if it has been prepared as an authentic act by a notary. It is also usually difficult for parties to claim during a trial that an authentic act isn’t real or what they agreed to, or that it’s not their signatures on the document.
For example, notaries can help a person prepare a will as an authentic act. A will is a written document explaining what a person wants to do with all the things she owns when she dies. If a court case happens later on concerning what is included in the will, the court usually accepts that the will is real because the will was prepared by a notary. Courts have a level of trust in authentic acts prepared by notaries that make these legal documents more credible in court.
Giving Legal Advice to Clients
A notary can give legal advice to clients. This involves explaining the law and informing clients about the outcome of different legal agreements or about their various legal options.Notaries can give advice to one client, or multiple clients on the same issue at the same time.
For example, a notary might be asked by two people to meet with them and advise them about what they should include in a contract. The notary can make sure that they both understand what they are agreeing to and that the agreement is fair.
A notary can also give advice to one client. For example, a person may consult a notary when he is creating a mandate and making choices about who will take care of his affairs if he falls ill or has an accident.
For clients who are not familiar with legal agreements, a notary's advice can save a lot of time and money later on.
For example, a notary might be asked by two people to meet with them and advise them about what they should include in a contract. The notary can make sure that they both understand what they are agreeing to and that the agreement is fair.
A notary can also give advice to one client. For example, a person may consult a notary when he is creating a mandate and making choices about who will take care of his affairs if he falls ill or has an accident.
For clients who are not familiar with legal agreements, a notary's advice can save a lot of time and money later on.
Representing Clients in Uncontested Cases
Notaries can represent clients in court when the issue is “uncontested”. This means that there is no one on the other side debating the facts or trying to prove a different side of the issue. Unlike lawyers, notaries don’t argue or try to “win” cases against another side, but they still have to convince the judge to order what their clients want.
For example, a notary could represent someone in court who is asking for the court to assign her as the tutor (legal guardian) of a child. The notary will make suggestions to the judge, who then makes the final decision.
For example, a notary could represent someone in court who is asking for the court to assign her as the tutor (legal guardian) of a child. The notary will make suggestions to the judge, who then makes the final decision.
Performing Marriage Ceremonies
Where do notaries work?
For a marriage to be valid, it must be performed by a person authorized by the law. In Quebec, notaries can perform marriages. They have a special license that allows them to do this. A notary can perform a marriage any day of the week between 9 am and 10 pm, in the presence of 2 witnesses.
Depending on a notary’s specialty and interests, he can end up working in different environments:
- in a notarial office, alone or with other notaries specialized in the same or different parts of the law
- in an office that specializes in mediation or arbitration (working to help people come to an agreement and resolve their conflicts)
- in a company or an organization
- for the government
