Francis is disappointed because the notary he has chosen tells him that he only works with the paper notarial deed. Does this lawyer have the right to force him to travel to sign the contract at his office?
The beginnings of the technological notarial act
Since 2016, several political, legal and technical steps have been taken by the Chambre des notaires so that the notarial act on technological support could see the light of day. However, on March 13, 2020, when the pandemic hit Quebec, we were still far from there. Initially, notaries were preparing to close their offices to comply with the confinement imposed by the authorities, when they received confirmation that they were added to the list of essential services. They could therefore keep their offices open while respecting the health rules imposed by the authorities, which most notaries did.
Faced with the urgent need to offer the possibility of acting remotely for its members, their employees and their clients, the Chamber of Notaries, in collaboration with partners and the government, developed in a few weeks a temporary solution allowing to receive a notarial deed remotely on technological support during the state of health saudi-arabia business email list emergency. This temporary solution has been offered since April 1, 2020. Notaries could thus offer their services remotely, which was previously prohibited by law, the notarial deed en minute had to always be signed in the physical presence of the notary. Some notaries quickly adopted the solution while others preferred to continue in person, while respecting the safety instructions. This diversified offer of notarial services allows everyone to find the shoe that fits them.
However, neither the government decree authorizing notaries to receive, during the pandemic, a technological notarial act, nor the guidelines of the Chamber of Notaries require notaries to receive notarial acts on technological support. It was and remains an additional tool made available to them. The notary can put in place other protective measures to offer face-to-face meetings to his clients in a safe manner. The client who fears for his health and who does not want to go to a notary has the possibility of consulting another notary who offers this solution.
The Chamber of Notaries and its partners continue to work actively on the implementation of a permanent solution. The experience of the temporary solution allows us to accelerate the work, but there is still some way to go before we can present an integrated solution. In the meantime, the temporary solution is maintained with the authorization of the government even if the state of emergency is eventually lifted.
If your notary offers to sign your purchase or your will digitally and remotely, for example, this is how it should happen:
1. The notary meets you remotely by videoconference (Teams exclusively);
2. At least two forms of identification with photos are required. The notary may also require a third form of identification in addition to requesting that a copy of the identity documents be sent to him by a secure means;
3. You may obtain notice of the document, either by appropriate technological means or by secure sending;
4. The notary ensures that the parties have understood the clauses of the notarial deed;
5. The remote signing of the document is done using a dedicated web platform.
Please note, however, that the technological notarial deed can also be signed in person. For example, it is possible for the seller to be in the office with the notary and the buyer to be at home and present by videoconference. However, both will have to sign the deed digitally.