Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 47, No. 11

B.C. Reg. 229/2004

The British Columbia Gazette,

Part II

June 1, 2004

B.C. Reg. 229/2004, deposited May 21, 2004, pursuant

to the NOTARIES ACT [Section 55 (3)]. Order in Council 487/2004,

approved and ordered May 20, 2004.

On the recommendation of the undersigned, the Lieutenant Governor,

by and with the advice and consent of the Executive Council, orders that approval

is given to the attached regulation of the directors of the Society of Notaries

Public of British Columbia.

— P. G. PLANT, Attorney General and

Minister Responsible for Treaty Negotiations; G. CAMPBELL, Presiding

Member of the Executive Council.

ORDER OF THE SOCIETY OF NOTARIES PUBLIC

OF BRITISH COLUMBIA

The directors of the Society of Notaries Public of British

Columbia order that the Notaries Regulation, B.C. Reg. 349/81, is

repealed and the attached Notaries Regulation is made.

NOTARIES REGULATION

Contents

Interpretation

Examinations

Board of examiners

Examination fees

Other fees

Forms

Schedule

Interpretation

1 In this regulation:

"Act" means the Notaries Act ;

"applicant" means an applicant to the court for enrolment as a member of the society;

"board of examiners" means the board of examiners

appointed under

section 10 of the Act.

Examinations

(1) For the purpose of sections 6 and 7 of the

Act, an applicant being examined must complete a written paper in each of the

following subject areas:

(

a) contracts;

(

b) wills and trusts;

(

c) property;

(

d) notarial procedure (general);

(

e) notarial procedure (statutes);

(

f) conveyancing and practice.

(2) An applicant must complete each paper described in

subsection (1) in no more than 2 hours.

(3) To pass an examination, an applicant must obtain

(

a) at least 65% of the total marks allowed for all 6

papers and at least 55% of the marks allowed for each separate paper, or

(

b) at least 55% of the marks allowed for each supplemental

paper written under subsection (4).

(4) If an applicant obtains 65% of the total marks allowed

for all 6 papers written under subsection (1), but fails in 3 or fewer

of the papers to obtain at least 55% of the marks allowed for the paper or each

of the papers, as applicable, the applicant may write a supplemental examination

in the subject or subjects in which the applicant failed.

(5) For the purpose of being examined in notarial procedure (statutes), an applicant must have knowledge of those provisions of the provincial and federal statutes and regulations that apply to the work and duties of a notary public.

Board of examiners

3 The board of examiners

(

a) has the control and conduct of the examination of applicants,

(

b) having consideration for the convenience of applicants,

must appoint the time and place of examinations, and

(

c) must mark the examinations and report the results to the secretary of the society.

Examination fees

4 An applicant must pay to the board of examiners

a fee of

(a) $525 for the examination for enrolment, and

(b) $150 for each paper written in a supplemental examination

under

section 2 (4).

Other fees

5 An applicant must pay to the registrar a fee

(a) $100 to apply to the court for enrolment as a member,

(b) $100 on the enrolment of an applicant as a member, and

(c) $100 for the issuance of a commission under

section 13 (4)

of the Act.

Forms

(1) For the purpose of

section 11 of the Act,

an applicant must take an oath of office in the form set out in Form 1

of the Schedule.

(2) For the purpose of

section 13 (4) of the Act, the

registrar must issue a commission under that

section in the form set out in

Form 2 of the Schedule.

Schedule

Form 1

Oath of Office

I, ...................................................................., do swear that I will not make or attest any act, contract or instrument in which I know there is violence or fraud, and in all things I will act uprightly and justly in the office of a notary public. So help me God.

Sworn before me at .............................., in the Province of British

Columbia, .............................. [date] .

...................................................................

Judge

...................................................................

Signature of Notary

Form 2

Commission

ELIZABETH II, by the Grace of God, of the United Kingdom, Canada, and Her other Realms and Territories, QUEEN, Defender of the Faith.

To all to whom these presents shall come — GREETING.

KNOW YE that We have commissioned and appointed ......................................... to be a notary public in and for the ........................................, Province of British Columbia, with all the powers, rights, duties, privileges and emoluments by law attaching to the office of notary public.

Given in Our Supreme Court of British Columbia .............................. [date]

...................................................................

Registrar

[SEAL OF THE COURT.]

Copyright

© 2004: Queen's Printer, Victoria, British Columbia, Canada