Careers in Justice > Notary

Profession at a Glance

Notaries help people with legal issues related to many different areas of their lives. Unlike lawyers, notaries do not argue cases in court, but they do provide legal advice on a range of important subjects.

Did you know that notaries can write wills and real estate agreements, and that they perform marriages?

To learn more about notaries’ work, click through the tabs above.


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.
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:

  • 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.
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.
Performing Marriage Ceremonies
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.
Where do notaries work?

Depending on a notary’s specialty and interests, he can end up working in different environments:




Training

Quebec is the only province in Canada that has notaries who perform the tasks described in this Infosheet. To become a notary, you must first learn about the justice system by completing a bachelor degree in Civil Law at one of the following universities:


To practice as a notary, you must also complete a diploma of notarial law (a D.D.N.) offered at Université Laval, l'Université de Montréal, l'Université de Sherbrooke and the University of Ottawa. At the University of Ottawa, the D.D.N. is completed as part of a master's program, and a few courses are offered in English. Courses in notarial law at the other universities are offered in French only. You are sometimes allowed to write your exams in English depending on the university. For more information contact the university directly.

After your university studies, you must complete a 32-week internship during which you are supervised by a notary. During this internship you learn about the day-to-day work of a notary, by preparing files, meeting clients, doing legal research and finding legal answers to problems.

You must also complete 3 weeks of training (as part of the 32 weeks), offered by the Chambre des notaires du Quebec (the professional association of notaries). Classes and textbooks for this training are only available in French, and any work such as assignments submitted to the Chambre must be in French.

Before you can work as a notary, you must then be sworn in and registered with the Chambre des notaires du Québec.

There are about 3,400 notaries in Quebec.

Useful High School Courses

The following courses could help you prepare for a future as a notary:


Speak to your guidance counsellor to see if there are other courses offered at your school that could prepare for this career.


Are you right for the job?

Thinking of becoming a notary? Take a look at this list of skills and learn how to develop them.

Written Communication

Given that writing and reviewing documents is an important part of their work, notaries must be excellent communicators who have an eye for detail and can understand French and English. They must be able to clearly communicate what their clients’ wishes are especially when assisting with contracts, or the preparation of mandates or wills.

You have what you need to succeed if:

To develop these skills, you can:


Analytical Skills

When people go to see a notary, they expect that that the notary will listen carefully to facts, consider the legal situation, apply the right laws, and give solid legal advice so they can decide what they want to do.

You have what you need to succeed if:

To develop these skills, you can:


Neutrality

When more than one party comes to a notary looking for advice on the same issue, he must ensure that everyone at the table understands the law and is protected in case anything happens later on (without taking sides). This is important because clients rely on what their notary says when making important life decisions (such as buying a house, creating a will, making a marriage contract, etc.).

You have what you need to succeed if:

To develop these skills, you can:


Organization and Coordination

Notaries work with many files and clients at the same time. They must be well organized and project an image of being in control. It’s important that they don’t mix up documents and get things done effectively and efficiently, and on time.

You have what you need to succeed if:

To develop these skills, you can:


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