Saturday, July 12, 2014

Education


You just sat through a seminar to be a notary, right?

NO. Notaries in certain jurisdictions such as California and Washington States only require applicants to sit through online seminars to be commissioned as notaries in their respective States. In Canada, with the exception of British Columbia and Quebec, lay people without legal training can be appointed if the relevant provincial Attorney General so approves.

In Quebec, notaries are professionals trained in law school who chose to specialize only in notarial acts. They are qualified lawyers, and are regulated by the Chambredes notaires du Québec.

In British Columbia, the requirement for notaries underwent a major revision in 2008. Since then, new applicants must:

1.      Submit an application to the Society of Notaries Public of British Columbia, with 4 character references, a bank reference and a notary reference.

2.      Clean criminal record check, and credit bureau checks

3.      Two personal interviews

4.      Complete the 16 months Master of Arts (Applied Legal Studies) program at the Simon Fraser University. The graduate degree is tailored to the practice of a notary public, with courses on substantial laws in properties, personal planning, contract, and more. Candidates are required to maintain a CGPA of 3.0, per the Simon Fraser University Graduate General Regulations. A comprehensive examination is administered at the end of the program, and a 75% (or B grade) must be achieved to complete the MA degree.

5.      Complete 1 week mediation training, 6 weeks practical training program, plus minimum of 3 weeks of mentorship with a practising notary.

6.      Complete 6 statutory exams, as required under the Notaries Regulation.

7.      An examination of background and education by the Supreme Court of British Columbia to determine suitability for commissioning a candidate to the office of notary public

8.      $10,000 deposit must be paid to the Society of Notaries Public prior to being commissioned. Membership dues and insurance fees must also be paid.

As you can see, it is a pretty intensive program.

Friday, July 11, 2014

Notary Public?


Notaries public, in the Province of British Columbia, are commissioned by the Supreme Court of British Columbia to serve the public in providing non-contentious legal services (i.e. where parties are in agreement). We are appointed for life, and are regulated by the Society of Notaries Public of British Columbia.

Our full title is Notary Public in and for the Province of British Columbia, and Commissioner of Taking Affidavits for British Columbia. We are officers of the law, having swore an oath of office as set out by the Notaries Regulation.

We are not litigators so we do not represent clients in court or tribunals, nor do we practice in criminal or family laws. We can, however, provide legal advice and services in the following areas:

·         Notarizations

·         Administration of Oaths

·         Conveyancing – the transfer of legal title of properties

·         Powers of Attorney

·         Wills (with certain limitations)

·         Representation Agreements

·         Advanced Directives

·         Contracts

We mainly derive our powers from the Notaries Act, Land Title Act, BC Evidence Act and the Canada Evidence Act. We also derive some of our powers from other provincial and federal legislations.  

Thursday, July 10, 2014

Hello, and about me

A warm welcome to my blog, wherever you are located. This blog was created to educate the public about the work of BC Notaries, and to provide resources for those looking for legal assistance.

This information on this blog is strictly related to British Columbia only. Your province, state or jurisdiction's notary public may have different legal authorities than those of a BC Notary Public.

About me:
My name is Stephen, and I am a Notary Public in the Province of British Columbia. I was recently commissioned by the Supreme Court of BC, after a two year selection and education process. 

This blog was a direct result of my discussion with the general public about my profession. While some are very familiar with the work of a Notary Public in BC, others have never heard of us. It is my wish that, through the various Q&As I post, I would have given you some sense as to what we do on a daily basis. More importantly, for those of you who are seeking information about referrals or resources, I have also created a list that could direct you to where you need to go.

If you do come across information that are out-dated or inaccurate, I would love to hear from you. Please note I will not tolerate racist, threatening or insulting languages.  

Please note any comments or views expressed are not of those of the Society of Notaries Public of British Columbia, nor are they the views of my employer. They are strictly my own views.

This blog is for information only, and is not legal advice or substitution for legal representation. Do not use or otherwise rely upon any of the content without first seeking independent legal advice. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents on this blog.