Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 35

AN ACT TO AMEND THE

NOTARIES PUBLIC ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS W. MARSHALL , QC

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Notaries Public Act to provide that a

member of the law society who is suspended or disbarred automatically has his

or her designation as a notary public revoked.

A BILL

AN ACT TO AMEND THE NOTARIES PUBLIC ACT

Analysis

S.5 R&S

Revocation of appointment

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cN-5

as amended

Section 5 of the Notaries Public Act is repealed and the following substituted:

Revocation of

appointment

(1) The

Minister of Justice, without assigning a reason for doing so, may revoke the

appointment of a notary public.

(2) The appointment of a notary public who is a

member of the Law Society of Newfoundland and Labrador is automatically

revoked where the member is suspended or disbarred under the Law Society Act, 1999.

(3) The revocation of an appointment referred to

in subsection (2) takes effect on the date the suspension or disbarment under

the Law Society Act, 1999 takes effect.

(4) A person whose appointment as a notary public

is revoked under subsection (1) or (2) shall surrender his or her seal to the

Minister of Justice and shall return to the minister his or her certificate of

appointment.

(5) A person appointed as a notary public before

July 1, 1957, shall, where his or her appointment is revoked, return to the

minister his or her certificate of appointment or other evidence of the appointment

issued to that person.

(6) A person who refuses or fails to surrender his

or her seal or to return his or her certificate or other evidence of

appointment as required under subsection (4) or (5), or who, after the revocation

of his or her appointment, uses or exercises the powers conferred upon a notary

public by this Act is guilty of an offence and liable on

summary conviction to

a fine not exceeding $100.

Earl G. Tucker, Queen's Printer