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Notary Governance – A Study Guide for Students

Introduction

Members of the Society of Notaries Public of British Columbia belong to a professional,

self-governing organization. The Notaries Act, R.S.B.C. 1996, c. 334, provides the

statutory authority for the creation and government of Notaries Public in BC. Please refer

to the Act regularly throughout this course.

The Society of Notaries Public of British Columbia was incorporated in 1926 under the

Notaries Act of the day. The history of the Notary in British Columbia goes back much

further than that and has been well documented by various sources. For some articles on

this topic, please search the archives of the Society’s Scrivener magazine at

www.notaries.bc.ca

There are four governing documents:

1. The Constitution, which states the purpose of the Society

2. The Bylaws, which regulate the operation of the Society;

3. The Rules, which govern the members of the Society and impose requirements

upon the conduct of practice by Notaries; and

4. The Principles for Professional & Ethical Conduct (Principles of Conduct), which

explain and provide guidelines for the ethical principles and standards of business

conduct applicable to Notaries.

Some of these governing documents are amended and revised regularly. How that

happens will be discussed later. The important thing is that it is imperative to always

review the most current version of each document. The governing documents are posted

on the public and private websites of the Society of Notaries Public of British Columbia.

Notaries have to be familiar with the general provisions of the governing documents and

to know the sections of each well enough to easily look for an answer when faced with a

question in a particular practice situation.

The Notaries Act is the legislation that governs notarial practice in British Columbia. The

current Act (with some amendments) was brought into existence in 1981 and represented

a major change from the former legislation. Except for some amendments along the way,

the Notaries Act of 1981 is still in force today. It is hoped that a completely new Act will

be brought into force in the near future.

Prior to 1981, the Notaries Act provided for Supreme Court appointments of Notaries

Public on the basis of need for the services of a Notary within a particular community.

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The area of the province within which a member could practice was left up to the

discretion of the particular judge and was subject to opposition by lawyers, usually

through their local bar associations.

During 1979-1980, several applicants for membership in the Society experienced great

difficulty in obtaining the required court order to practice because of vigorous opposition

by lawyers and local bar associations. In two instances, the lawyers successfully opposed

notary applications and the court stated that “there is no need for a Notary in this area

because there are sufficient lawyers to provide the services of a Notary Public”. The basis

for this judgement was the fact that the legislation at the time, the Barristers and

Solicitors Act, provided that every barrister and solicitor in the province was entitled to

use the title “Notary Public”. This is still the case under current legislation, the Legal

Profession Act.

The Society of Notaries Public took the position that the word “need” should be

interpreted to include the need of the public for an alternative source of professional legal

services. Competition is vital to the provision of economical and efficient services, and

this view is recognized in the federal Competition Act. The Society made this argument to

the Court of Appeal on behalf of one of the applicants who was turned down by the

Supreme Court. The Society lost that appeal.

As a result of that judgment, the Society was on the brink of extinction. The inability to

replace members who retired or died was sure to eliminate all members of the Society

over time. But the public was on the side of the Notaries. An intensive public relations

campaign eventually resulted in the passage of the current Notaries Act, in 1981. For the

first time, “need” was no longer an issue. The new Act provided for a set number of

Notaries Public in set notarial districts, restricting a notary’s practice to that set district.

In 2008 British Columbia and Alberta entered into a trade agreement called the Trade,

Investment and Labour Mobility Agreement (TILMA). The agreement was aimed at

removing legislative barriers to interprovincial trade, including the provision of

professional services. Lawyers in particular, can now practice in both British Columbia

and Alberta provided they satisfy certain conditions. The effect on Notaries was that all

references to restricted membership numbers and geographical practice areas were

removed allowing Notaries to practice in whatever BC community they wish and the

Society to educate and admit more Notaries. The result in the first few years has meant

more Notaries setting up branch offices and working together in partnerships and

associations. Various sections of the Notaries Act were repealed and many of the

Society’s Rules were revised.

The following is a discussion of each of the governing documents.

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The Notaries Act

Sections 5 – 12: The first part of the Notaries Act deals with application for members,

temporary replacement of Notaries for holidays or illness, and the examination,

enrolment, and resignation of members.

Section 14: This section places certain authority and obligations upon the secretary, on

behalf of the Society, to issue certificates of authentication and certificates of good

standing. (These certificates will be discussed in the Notarial Practice course). The

Certificate of Good Standing is often required by banks and other financial institutions

who want to be sure that they are dealing with a Notary who is in good standing with the

Society.

Section 15: This section allows for the appointment of Notaries Public by the Lieutenant

Governor in Council (the provincial government). These appointments are made based on

the recommendation of the department of court services. The appointment provides those

appointed with very limited powers to act. Some of the appointees act only in regard to

their employment, often within a government office, while others are lay persons in

remote areas of the province who can provide limited service to the public. These

appointees are not members of the Society and do not receive standardized training, are

not included in any of the public protection programs of the Society, and are not subject

to the disciplinary control of the Society.

Section 18: This section sets out the rights and powers of members of the Society. This is

the section that gives Notaries their powers. It is this section that creates the unique

situation in British Columbia that gives Notaries the very special privilege to perform

some legal services that are restricted to lawyers in almost all of North America, with the

exception of Quebec and a few Notaries in Louisiana. Section 11 of the Society’s Rules

clarifies and sets out further limits on Notaries’ powers to act.

Section 19: Section 19 contains confirmation that a member who is not in good standing

cannot continue to practice in any way, including acting as a commissioner for taking

affidavits, a right conferred upon Notaries by Section 60 of the Evidence Act.

Section 20: This section provides for a “special fund” offering protection for the public

against a member who misappropriates (steals) trust funds. The amount required to be in

the fund at any given time is established in the Regulations to the Act and is currently $3

Million. While this is the required amount, the Society has designated contingency funds

and insurance contingencies that increase the amount. The effect of the legislation,

however, is that if there is a loss to the Society due to the misappropriation of trust funds

by a member, the loss will be paid out of the special fund and if the payment out reduces

the balance to less than the amount prescribed by regulation ($3M), the Members have to

“top up” the fund by paying an assessment as established by the Board of Directors.

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Sections 23 and 24: These sections contain details about the books and accounts that

Members are required to maintain in order to manage the funds clients pay to Notaries in

trust. Every Notary is subject to regular random audits of his books and accounts and to

surprise “spot audits” if the Audit Committee or the Secretary of the Society so order.

Failure to maintain proper account records can have serious consequences for a member.

Rule 4 of the Society’s Rules deals with trust accounting records, procedures, obligations

and duties.

Sections 25 to 40: This part of the Act provides the Discipline Committee and the Board

of Directors with their disciplinary powers. These include the power to suspend a

member pending a formal hearing; the power to impose penalties ranging from a simple

reprimand to a fine of up to $5,000; and the power to terminate membership. These

sections of the act should be reviewed in detail. All self-governing professional

organizations are given similar powers over their members. The board and the discipline

committee are able to act swiftly and decisively in the face of any wrong doing by a

member. The discipline committee is given the powers of a commissioner under the

Inquiry Act, which provides the authority to summon witnesses, compel the production of

files, records, and books of account and to take evidence under oath. Powers to

investigate and discipline members extend to former members as well. Refer also to Rule

8 of the Society’s Rules for further clarification of this legislative power.

Section 41: All discipline decisions of the Board of Directors can be appealed to the

Supreme Court.

Sections 42 to 45: These sections of the Act were added in 1985 to allow the Society the

authority to place a custodian in charge of a member’s practice if that member has died,

is ill, or has been suspended or terminated for discipline reasons. The Society may apply

to the Supreme Court to name any person custodian of the practice. Section 43(2) allows

the court to direct the sheriff to seize the property of a member or former member and

place it in the custody of a custodian. These sections closely follow provisions included

in the Legal Profession Act and are intended to protect the public through absolute

control of the accounts and other assets of a member where appropriate.

Section 48: Section 48 provides for a fine to be imposed of up to $2,000 against a person

who acts as a Notary without being a member of the Society (except those appointed

under Section 15), or against a Notary who acts beyond the powers granted by the Act.

Sections 50 to 54: This part of the Act was added in 1985 to create the Notary

Foundation. The Foundation receives interest earned on members’ trust accounts. The

Act establishes the purposes of the Foundation and allows the accumulated funds to be

used for set purposes such as: legal education, legal research, legal aid, education and

continuing education for notaries and notary students. Notaries are required to pay all

undesignated funds received from the public into accounts that earn interest, with the

interest paid to the Foundation.

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Section 55: This section provides authority for the directors to make regulations, which

must be approved by cabinet, and to make rules.

Sections 57 – 65: This part of the Act was amended in 1993 to allow members to operate

through a professional corporation. While the changes provide certain tax advantages to

Notaries, the Act and Rule 16 of the Society’s Rules are carefully worded to ensure that

there is no change to the duties and liabilities of Notaries to the public and to the Society.

Constitution

The six points of the Constitution are very important, providing the reasoning behind the

Bylaws, Rules and Code of Conduct of the Society. Next to the Notaries Act, the

Constitution is the most important enabling document of the Society, conferring the

authority by which the Bylaws, Rules and Code of Conduct can be enforced. The

Constitution sets out the purposes of the Society – its mandate to provide, promote and

advance high standards of service; to provide continuing education to Members; to

examine notary students; to set, provide, regulate and maintain professional and ethical

standards for member; and to supervise and discipline members. The Constitution can be

amended by the members in accordance with Bylaw 13.

Bylaws

The bylaws control the operation of the Society, including the activities of the Secretariat

(the head office) and the activities of the board of directors.

Subject to the Notaries Act, (Section 3 provides that in order to be enforceable, the

bylaws of the Society – including amendments – must be submitted to and approved by

the Attorney General) only the Members can amend the Society’s Constitution and/or

Bylaws (Bylaw 13). Amendments require a Special Resolution passed at an Annual

General Meeting or Extraordinary General Meeting by a majority of 75% or more of the

votes cast by a quorum of the Members. At least 14 days’ written notice must be given to

all members specifying the intention to propose the resolution.

Bylaw 2: Provides for the use of the official seal of the Society.

Bylaw 3: Controls applications for membership in the Society and continuing

membership through the payment of dues. The directors are given authority to make rules

to control membership in the Society.

Bylaw 4: Governs the meetings of the members of the Society. At least one annual

general meeting must be held each year. Currently, the meeting is held in conjunction

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with the Annual Fall Conference in September at various locations around the province.

On rare occasions, an extraordinary general meeting might be held. Such a meeting may

be called by 10% of the members of the Society. Only the special business specified in

the notice of the meeting may be discussed at an extraordinary meeting. Proxies are not

allowed at Society meetings and a quorum of 40 members is required. Online, electronic

voting is now available to members unable to attend in person.

Bylaw 5: Provides for the election of the board of directors. The Board consists of 15

members and the immediate past present. Board members are elected for a 2 year term

and may be re-elected up to 7 consecutive times. After that, the Member cannot be re-

elected unless he or she is then a member of the Executive Committee, in which case the

director may run for re-election as long as he remains a member of the Executive

Committee. A Member who has been elected as a Director 7 consecutive times

automatically becomes a “Lifetime Board Member” with rights and restrictions as set out

in Bylaw 5.14.

Bylaw 6: Sets out the powers of the directors of the Society, giving them the authority to

make rules that are required to allow the Society to function properly. These powers,

along with those mentioned previously, allow the directors to act freely, within the limits

of the Notaries Act, the Constitution and Bylaw, so long as they act in good faith.

Bylaw 7: Governs the meetings of the board of directors. Meetings are normally held four

times a year, two of which are held concurrently with the two annual education

conferences hosted by the Society – one in the spring and one in the fall. Additional

meetings are usually held, often by telephone or video conference calls, as required to

conduct the business of the Society. Bylaw 7 also allows the Board to delegate some of

its powers to established ad hoc committees.

Bylaw 8: Establishes the various standing committees of the Society and states the

function of each. The committees meet in accordance with the wishes of the chair and

depending on the activities undertaken by the committee.

Bylaw 9: Provides for election of the president and two vice-presidents. These

individuals, plus the immediate past president and the Secretary appointed pursuant to

Bylaw 5.06, constitute the officers (the Executive Committee) of the Society.

Bylaw 10: Allows the directors to borrow money on behalf of the Society as allowed

under the Societies Act.

Bylaw 11: Requires the annual appointment of an auditor to audit the books of account of

the Society.

Bylaw 12: Allows members to inspect the books and records of the Society in accordance

with conditions set by the directors.

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Bylaw 13: Provides a mechanism for the Society to amend its constitution and/or Bylaws,

as discussed at the beginning of this discussion of the Bylaws.

Rules

The Rules of the Society should be referred to as you read the following section. These

are the Rules as of July 2012.

Rule 1: Contains interpretations of words and clauses used within the Rules.

Rule 2: Expands on and provides further controls on members and student applicants as

provided for by Bylaw 3. Rule 2.08 requires approval of the board before a member can

resign (in compliance with Section 12 of the Notaries Act). Rule 2.15 sets out the

mandatory annual continuing education requirements for members.

Rule 3: Creates notarial chapters throughout the province with the intention of improving

the lines of communication between the members, the board, and the Society. Chapter

meetings also provide members with opportunities to obtain qualified education credits

within their own communities on practice matters that are particular to their own needs.

Each director of the Society is assigned to a Chapter constituency allowing a direct flow

of information and communication between members and their elected board members.

Rule 4: Provides detailed rules regarding notary trust accounts and bookkeeping

requirements. These rules are used to assist the auditor employed by the Society in

completing the mandatory annual audit of each member’s accounts. These are very

important rules, touching on every member’s activities every working day. Very strict

compliance with these Rules is required, with failure to comply resulting in disciplinary

action. Members are encouraged to work closely with their own accountant or

bookkeeper to ensure that proper books and accounting systems are in place; that comply

with these rules. Notaries handle very large sums of money on behalf of their clients in

some of the most important financial transactions clients will ever make. Accordingly,

strict adherence to the accounting rules is demanded.

Rule 5: Provides for control over a member and a member’s practice in the event of

bankruptcy or other financial difficulties. The Rules allow for suspension of the member

unless permission is granted to continue in practice until the financial problem is

resolved. This rule is necessary to ensure that funds held on behalf of clients are

safeguarded. Members are required to notify the Society in the event of pending

bankruptcy, proposals in bankruptcy, or applications for a consolidation order or orderly

payments of debts.

Rule 6: Sets out the procedure for making a claim against the special fund as established

by Section 20 of the Notaries Act. Generally, a complainant must complete a special form

and provide a statutory declaration setting out the details of the claim made. The

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discipline committee, insurance committee, or a special fund sub-committee then reviews

the matter and may hold an inquiry to solicit further evidence. The committee reports to

the board of directors, which will determine if the complainant did suffer a loss by reason

of misappropriation or wrongful conversion by the member or former member, and if the

complainant will be reimbursed from the special fund. The fund will not reimburse for

interest or other costs of the claimant, although the board has made such payments in

special circumstances in the past.

Rule 7: Covers the mandatory professional liability insurance program of the Society (E

& O E program). Every member is required to participate in the insurance program as set

up by the directors. Members are required to notify the secretary of the Society if served

with a court document or if any event occurs that might lead to a claim against the

insurance program because of the errors, omissions, or negligence of the member.

Members must cooperate with the insurance committee by providing all information and

documents requested by the secretary, by the committee, or by legal counsel for the

insurance program. The current liability program involves a self-insurance fund (covering

the first $1M shared by all members for all claims in a given year) and excess coverage

through a private insurance company covering the next $9M, with no aggregate limit. It is

important that members carefully review the insurance policy and the rules with respect

to the coverage so that they don’t do something or neglect to do something that could

result in a denial of coverage.

Rule 8: Details the process to be taken by the secretary upon receipt of a complaint about

a member. In the course of the preliminary investigation by the secretary, the

complainant may be asked to provide a statutory declaration confirming that the

complaint is true. The member will then be asked to reply to the complaint, following

which the secretary will place the matter before the chair of the discipline committee or a

reviewer appointed by the chair, who will decide if a formal inquiry is indicated. The

Society has produced two brochures with respect to the complaint process: a complaint

brochure for the public and a discipline brochure for members. You should carefully

review these brochures for a greater understanding of the complaint and discipline

process.

Rule 9: Provides for the assessment of fines in the event that a member fails to make

payments for annual dues, insurance premiums, special fund assessments, or fines

assessed, or fails to file annual audit certificates, or fails to file Trust Administration Fee

returns. Fines are $100 plus $50 per diem until payment is made or the filings are

completed. Continued failure to abide by these requirements could lead to suspension or

termination in accordance with Rule 7.03.

Rule 10: Sets out the importance of undertakings which are defined in Rule 10.01. Those

dealing with Notaries must be clearly protected in this regard, and this Rule sets out what

a person can expect when accepting an undertaking from a Notary Public. Breaches of

undertakings are dealt with most severely by the discipline committee. It is said that a

Notary’s undertaking is “worth its weight in gold” and the Society wishes the public to

maintain that view. Various discipline decisions have dealt with this matter over the years

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and you are encouraged to review the published decisions on the notary website for a

greater understanding of the importance of undertakings.

Rule 11: Like the trust accounting rules in Rule 4, this is another set of complex rules

regarding professional conduct. This rule covers a notary’s duty to clients, conflict of

interest, acting for multiple clients, informed consent, unrepresented parties, restrictions

on practice, and acting in the sale of real estate where permitted as part of normal

practice. Understanding these matters requires a review of the Society’s Principles for

Ethical and Professional Conduct (Code of Conduct) which sets out the principles to be

considered in each of these areas. The Notaries Act confers on Notaries the power to

provide certain, specified legal services. The Courts have established that where Notaries

are permitted to provide these services, the standards of advice and service that must be

provided to clients is the same as for lawyers. It follows, then, that Notaries can only

provide legal advice on matters that they are permitted to provide services for. In

addition, despite a strict interpretation of the powers set out in Section 18 of the Notaries

Act, the Courts can and have over the years, issued decisions that limit a Notary’s

authority to provide some services. Probate services are an example of this. Although

probate applications are “instruments relating to property which are intended… to be

registered, recorded or filed in a registry or other public office….” as set out in Section

18(a) of the Act, the Supreme Court of British Columbia has determined in the LSBC v.

Gravelle 1998 BCSC 1526 decision that Notaries cannot apply for probate on behalf of

clients, or give advice with respect to the estate of a deceased person. Rule 11, therefore,

confirms that a member cannot act or continue to act for a client in relation to a matter

that is beyond the lawful practice of a Notary Public. Other rules deal with acting for

more than one party to a transaction and are further explained in the Code of Conduct.

Members must be very careful to review these rules and principles on a regular basis so

that due consideration is given to professional conduct and service limitations at all times.

Rule 12: Deals with supervision of employees. A notary is responsible for all business

entrusted to him or her. Control and management of the Notary’s office is the

responsibility of the Member. Tasks and functions can be delegated to staff and assistants

such as students, clerks, and secretaries, but the notary must maintain direct supervision

over each non-Notary staff Member at all times. A discussion of the types of tasks that

can be performed by staff members is itemized in this Rule along with obligations for

training and monitoring.

Rule 13: This rule confirms a Notary’s duty to fully understand and comply with their

limited capacity to draw Wills as set out in Section 18 of the Notaries Act.

Rule 14: Requires members to adhere to the advertising guidelines set out in the Rule.

Notaries should review this rule carefully when considering various advertising and

promotional endeavours.

Rule 15: Sets out the process for appealing to the Board a decision of any Committee of

the Society or the Secretary by a member or a student or an applicant. This right of appeal

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is to the Board of Directors. Appeals of decisions made by the Board must be made to the

Supreme Court as provided in Section 41 of the Notaries Act.

Rule 16: This Rule deals with what is required of a member who wishes to operate his or

her practice through a professional corporation. Generally, the name of the proposed

professional corporation must satisfy set criteria and be approved by the Secretary of the

Society; the share structure of the company must satisfy the requirements of the Notaries

Act and this Rule; a permit for the company must be obtained from the Society and

renewed annually; and disclosure must be made to the public on all letterhead, accounts,

and advertising materials, that the Notary is operating through a professional corporation.

The permit requirement of this rule also applies to partnerships and proprietorships.

Rule 17: Deals with document retention. Notaries must maintain their client files in

accordance with this rule in either paper or electronic formats.

Rule 18: Establishes the practice inspection program of the Society and requires that all

members submit to regular practice inspections on a random or directed basis. The

procedure for the inspection is set out, as well as actions that can be taken by the Practice

Inspection Committee for continued non-compliance.

The Rules of the Society are revised and amended on a regular basis as directed by the

Board of Directors. It is vitally important that members review the rules regularly and

ensure that they are using the current version of the rules when considering a specific

practice matter.

Principles for Ethical and Professional Conduct

This document is usually referred to as a “Code of Conduct”; however the document

actually describes a set of guiding principles to assist professionals in solving ethical

dilemmas. Mr. Justice Craig has said that “the practice of law is nothing more than the

exercise of judgment on a daily basis”. The purpose of the conduct principles is to assist

members in their exercise of that judgment.

Notaries have existed and continue to exist in order to fill a public need for alternative

legal services in certain areas of law. In order to maintain the profession’s present

standing and to evolve and progress in a changing society, Notaries must command the

trust and respect of the public. We do this by maintaining a reputation for integrity and

for high standards of skill and care in the work we perform.

The guiding principles of the code of conduct do not create legal obligations but rather

reflect legal standards created elsewhere.

As set out in the preamble, the code is based upon 13 principles reflecting general

standards of ethical and professional behaviour. Each principle is illustrated by one or

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more guidelines which provide more concrete examples of the type of conduct covered

by the Principle and commentary which explains the background of the principle or

guideline.

The 13 principles discussed in the code generally follow and explain the Rules of the

Society. Where a member is working through an ethical problem, a review of the rule

should be followed by a review of the corresponding guideline for that rule or principle.

The two work in concert to assist members in resolving issues of an ethical nature. The

guidance provided is not an exhaustive list of the requirements of ethical or professional

conduct. Members must attend to many different and sometimes difficult tasks. Not every

situation that arises may be foreseen and addressed in this document. Members are

expected at all times to conduct themselves with integrity and professionalism, whether

or not the situation they encounter is addressed in the Society’s governing documents or

is explained in these principles. Members have a personal duty to behave professionally

and ethically and cannot be relieved of this duty because a client or other professional

instructs them to do something that might be contrary to these principles.

Other principles include:

2. Avoiding Questionable Conduct: Member should avoid engaging in dishonourable or

questionable conduct, either in their private lives or in their professional lives that reflects

adversely on the member’s integrity or competence or that reflects adversely on the

integrity of the profession as a whole. Various examples are given as a guide to this

principle.

3. Preparation and Swearing of Documents: The most fundamental and material function

of a Notary is the proper attestation and drafting of documents. It is essential to the

proper functioning of our commercial and legal system that documents prepared by and

attested by Notaries are acceptable without question by those receiving and relying on

them. Members should be very careful when preparing and attesting documents. Identity

should be proven to the satisfaction of the notary at all times and all legal requirements

should be met.

4. Competence, Quality of Service and Relationship to Clients: Members should be

competent to perform the services they undertake on behalf of clients. This means being

conscientious, diligent and efficient. Members are personally responsible for ensuring

that they do not offer advice or services to a client that exceeds their expertise or

authority under the Notaries Act. Members have a duty to keep up with changes in the

law and to undertake continuing professional education and development opportunities

on a regular basis.

5. Duty to Preserve Client’s Property: Members are subject to federal and provincial

privacy legislation and should observe all relevant rules and guidelines regarding the

preservation and safekeeping of property entrusted to them by clients and others. If no

such laws or rules can be found, members should take care of such property in the same

way a careful and prudent person would take care of his or her own property of the same

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kind. A list of the types of property notaries may be asked to safeguard is set out in the

commentary to this principle.

6. Confidential Information: Members should hold information acquired in their

professional relationships in strict confidence. Unless a client feels completely free to be

candid with a Member, the Member cannot provide effective professional service.

7. Conflict of Interest: Activities which may reasonably be expected to give rise to a

conflict of interest with a client should be avoided. It is essential that a Notary’s

judgment and freedom to act on a client’s behalf be as free as possible from

compromising influence. This kind of influence can result from a Member’s own

interests, the interests of a person close to the Member, or the interests of another client.

The rules regarding conflicts are set out quite thoroughly in Rule 11. The guidelines in

the code give examples of situations that may arise that a Member might not immediately

recognize as creating or possibly creating conflicts. A review of these guidelines on a

regular basis will assist a notary in exercising and training his or her mind to recognize

situations that could fall into a “gray area”.

8. Fees and Disbursements. Members are entitled to be paid for the services they provide.

It is equally important to charge enough for your services as it is to refrain from charging

too much. Members should strive to ensure that the amount of their fees are fully

disclosed to a client and obtain acceptance of the amount before providing the service.

The guidelines in these principles discuss the ethics of accepting finder’s fees, steering

fees to another person in exchange for a referral, and splitting fees with persons or

corporations who bring or refer business to the Member.

9. and 11. Responsibilities to other Practitioners and Duty to the Notarial Profession:

Notaries have duties to other notaries, to lawyers, and to the notary profession as a whole.

Promptness in fulfilling all commitments and courteous, fair and appropriate

communications with other professionals demonstrate professionalism and good faith.

Abiding by and understanding the power and authority conferred upon them by the

Notaries Act and participating in the activities of the Society demonstrate a Member’s

desire to protect the reputation, honour and integrity of the profession. In order to enable

the Society to discharge its public responsibility to provide independent and competent

notarial services, the individual Member should report any matter which appears to

involve a breach of the Act, the Rules or this Code. Unless a Member who is acting

unprofessionally is checked at an early stage, loss or damage to clients or others may

result. Reporting inappropriate actions, behaviour, or communications by other

professionals is part of this duty; however reports should be made without an ulterior

motive.

10. Undertakings: Undertakings must be unconditionally honoured. An undertaking

includes written, verbal and implied promises and the bona fides of any trust cheque a

Notary authorizes. Notaries should not give any undertaking they cannot personally fulfill

and should fulfill every undertaking they give. Undertakings given that are conditional

upon something else happening must clearly state that it is given conditionally.

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Undertakings can be released or altered only by the recipient of the undertaking. In other

words, once a notary gives an undertaking to another professional or to another person,

even the member’s own client cannot instruct the member not to honour it.

11. Advertising and Marketing: Advertising and marketing must be professional, factual,

verifiable, and in good taste.

Conclusion

The powers of notaries in other jurisdictions may be different from the powers of

Notaries in BC. Foreign terms similar to the English term “notary” may have different

meanings. When members offer their services to clients or potential clients who may be

unfamiliar with the powers of Notaries in BC, they are expected to ensure that their

clients and potential clients understand the nature of a Notary’s powers in BC.

The documents discussed in this course govern the Society of Notaries Public and its

members. You are encouraged to review them carefully and strive to fully understand

them. Some of the documents may not be well understood until you have had to deal with

them on a personal, professional level. No one expects perfection. What is expected is

that members take all reasonable steps to ensure that the services they provide reflect

favourably on the profession as a whole.