Regulation BEFORE repealed by BC Reg 229/2004, effective May 21, 2004.
| B.C. Reg. 349/81 O.C. 1814/81 | Filed August 24, 1981 |
Notaries Act
Notaries Regulation
| Contents | ||
|---|---|---|
| 1 | Interpretation | |
| 2 | Examinations | |
| 3 | Board of examiners | |
| 4 | Examination fees | |
| 5 | Other fees | |
| 6 | Forms | |
| Schedule | ||
Interpretation
1 In this regulation:
"Act" means the Notaries Act, R.S.B.C. 1996, c. 334;
"applicant" means an applicant to the court for enrolment as a member of the society;
"society" means the Society of Notaries Public of British Columbia.
Examinations
2 (1) The examination of applicants required under section 6 or 7 of the Act shall be by a written paper in each of 6 subjects: contracts; statutes; wills and trusts; property; notarial procedure; conveyancing and practice.
(2) An applicant shall be allowed 2 hours to complete each paper.
(3) An applicant passes the examination where
(a) he obtains 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) he qualifies under subsection (4) for a supplemental examination and obtains on that examination at least 55% of the marks allowed for each paper in which he formerly failed.
(4) An applicant who obtains 65% of the total marks allowed for all 6 papers on an examination but fails in no more than 3 of the papers to obtain at least 55% of the marks allowed for the paper or each of the papers, as the case may be, qualifies for a supplemental examination in the subject or subjects in which he formerly failed.
(5) For examination purposes an applicant shall be required to have a working knowledge of the sections that apply to the work and duties of a notary public of the following statutes or regulations of the Province and statutes of Canada:
| Statutes or Regulations of the Province | ||
| Builders Lien Act | Partnership Act | |
| Chattel Mortgage Act | Perpetuity Act | |
| Condominium Act | Power of Attorney Act | |
| Court Order Enforcement Act | Property Law Act | |
| Estate Administration Act | Real Estate Act | |
| Evidence Act | Real Estate Act Regulations, B.C. Reg. 75/61 | |
| Family Relations Act | Residential Tenancy Act | |
| Land Title Act | Sale of Goods Act | |
| Land Title Act Regulation, B.C. Reg. 334/79 | Sale of Goods in Bulk Act | |
| Land Transfer Form Act | Sale of Goods on Condition Act | |
| Land (Wife Protection) Act | Society Act | |
| Mobile Home Act | Statute of Frauds | |
| Name Act | Wills Act | |
| Notaries Act | Wills Variation Act | |
| Statutes of Canada | ||
| Bills of Exchange Act | Interest Act | |
| Canada Evidence Act | ||
Board of examiners
3 The board of examiners
(a) has the control and conduct of the examination of applicants,
(b) having due regard to the convenience of applicants, shall appoint the time and place of examinations, and
(c) shall mark the examinations and report the results to the secretary of the society.
Examination fees
4 An applicant shall pay to the board of examiners a fee of
(a) $325 for the examination for enrolment, and
(b) $75 for each paper he writes in a supplemental examination.
[am. B.C. Reg. 354/93.]
Other fees
5 (1) The fee that shall be paid to the registrar
(a) on application to the court for enrolment as a member of the society is $30,
(b) on the enrolment of an applicant as a member of the society is $30, and
(c) for the issuance of a commission under section 13 (4) of the Act is $40.
[am. B.C. Reg. 29/96.]
(2) The fee that shall be paid to the Minister of Finance on an appointment under section 12 of the Act is $20.
Forms
6 (1) The oath of office required by section 11 of the Act shall be in Form 1 of the Schedule.
(2) A commission issued under section 13 (4) of the Act shall be in Form 2 of the Schedule.
FORM 1
Oath of Office
I, ...................................................................., do swear that I will not make or attest any act, contract or instrument in which I shall 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.]
[Provisions of the Notaries Act, R.S.B.C. 1996, c. 334, relevant to the enactment of this regulation: section 55]