Section 1 definition of "limited liability partnership" was added by 2004-38-21, effective January 17, 2005 (BC Reg 535/2004).
Section 1 definition of "notarial district" BEFORE repealed by 2008-39-58, effective January 1, 2009 (BC Reg 325/2008).
"notarial district" means an area listed in the Schedule;
Section 3 (2) BEFORE amended by 2015-18-332, effective November 28, 2016 (BC Reg 216/2015).
(2) The Society Act does not apply to the bylaws of the society.
Section 4 BEFORE repealed by 2008-39-59, effective January 1, 2009 (BC Reg 325/2008).
Enrollment limited by district
4 (1) The notarial districts listed in the first column of the Schedule are established and the number of members who may be enrolled to practice within a district is limited to the number set out in the third column of the Schedule.
(2) A notarial district includes the areas listed in the second column of the Schedule as those areas are incorporated or, in the case of unincorporated areas, as they were known on August 21, 1981.
Section 5 (3) BEFORE amended by 2000-9-38, effective October 6, 2000 (BC Reg 345/2000).
(3) At least 30 days before the hearing of an application for enrollment as a member a copy of the application must be served on the secretary of the society and on the secretary of the Law Society of British Columbia.
Section 5 (4) BEFORE amended by 2008-39-60, effective January 1, 2009 (BC Reg 325/2008).
(4) At least 30 days before the hearing of an application for enrollment as a member, a notice of the application and the date of the hearing must be published
(a) in the Gazette, and
(b) at least once a week for 2 consecutive weeks in a newspaper circulating in the notarial district or the area for which the person seeks enrollment.
Section 5 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(1) A Canadian citizen or permanent resident of Canada may, on payment of the prescribed fee, apply to the court under the Rules of Court for enrollment as a member.
Section 5 BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
Application for enrollment
5 (1) A Canadian citizen or permanent resident of Canada may, on payment of the prescribed fee, apply to the court under the Supreme Court Civil Rules for enrollment as a member.
(2) An application for enrollment as a member must be filed in the Vancouver registry and heard at Vancouver.
(3) At least 30 days before the hearing of an application for enrollment as a member a copy of the application must be served on the secretary of the society and on the executive director of the Law Society of British Columbia.
(4) At least 30 days before the hearing of an application for enrollment as a member, a notice of the application and the date of the hearing must be published in a manner determined by the society.
(5) A person may oppose the application at the hearing, if the person serves notice of the person's opposition on the applicant and files a copy of the notice with the registrar.
Section 6 (2) BEFORE repealed by 2008-39-59, effective January 1, 2009 (BC Reg 325/2008).
(2) An order under subsection (1) must specify the notarial district for which the applicant may be enrolled and, on being enrolled, to which the applicant's practice is limited.
Section 6 (1) BEFORE amended by 2008-39-61, effective January 1, 2009 (BC Reg 325/2008).
(1) If the court is satisfied that an applicant is a fit person for enrollment as a member for a notarial district, it may order that the applicant be examined in the duties of a notary public and, if found qualified on the examination, be enrolled as a member.
Section 6 (1) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(1) If the court is satisfied that an applicant is a fit person for enrollment as a member, it may order that the applicant be examined in the duties of a notary public and, if found qualified on the examination, be enrolled as a member.
Section 7 BEFORE repealed by 2008-39-59, effective January 1, 2009 (BC Reg 325/2008).
Enrollment for area outside district
7 (1) If the court is satisfied that there is need of a notary public in an area of British Columbia not within a notarial district and that an applicant is a fit person for enrollment as a member for the area, it may order that the applicant be examined in the duties of a notary public and, if found qualified on the examination, be enrolled as a member.
(2) An order under subsection (1) must define the area for which the applicant may be enrolled and, on being enrolled, to which the applicant's practice is limited.
Section 8 BEFORE repealed by 2008-39-59, effective January 1, 2009 (BC Reg 325/2008).
Transfer between notarial districts
8 (1) On payment of the prescribed fee, a member may apply to the court under the Rules of Court to change the notarial district to which the member's practice is limited under section 6 (2) to another notarial district in which a vacancy exists.
(2) An application under subsection (1) must be accompanied by an affidavit of the secretary stating that
(a) a vacancy exists in the notarial district to which the member wishes to transfer, and
(b) the directors consent to the transfer.
Section 9 (1) (part) BEFORE amended by 2008-39-62, effective January 1, 2009 (BC Reg 325/2008).
(1) Without applying to the court under section 8, a member may conduct another member's practice for a period not longer than 4 months if the other member
Section 11 (part) BEFORE amended by 2008-39-63, effective January 1, 2009 (BC Reg 325/2008).
the registrar must enroll the applicant as a member and must record on the roll a memorandum of the notarial district or area to which the member's practice is limited.
Section 11 BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent).
Section 13 (3) BEFORE amended by 2008-39-64, effective January 1, 2009 (BC Reg 325/2008).
(3) If a member is struck off the roll, the vacancy may be filled by a person enrolled under section 6 or 7, as appropriate.
Section 15 (1) (c) BEFORE amended by 2005-17-21, effective March 31, 2005 (BC Reg 201/2005).
(c) a registrar, or person performing the functions of registrar, of a university under the University Act.
Section 15 (1) (a) BEFORE amended by 2008-39-65(a), effective January 1, 2009 (BC Reg 325/2008).
(a) a person residing at a place not within a notarial district,
Section 15 (3) BEFORE amended by 2008-39-65(b), effective January 1, 2009 (BC Reg 325/2008).
(3) An appointment and commission under this section may define and limit the area in which the person appointed may practise and may contain directions as to the limits within which the person may exercise the person's functions as a notary public.
Section 17 (1) (b) BEFORE amended by 2023-10-740, effective March 30, 2023 (Royal Assent).
(b) holds himself or herself out as qualified to draw, prepare, issue or revise a document referred to in paragraph (a).
Section 18 (e.1) BEFORE amended by 2007-34-98, effective September 1, 2011 (BC Reg 14/2011).
(e.1) act as a consultant under sections 9 (2) (a) (ii), 12 (1) (c), 26 (1) (c) (ii) and 29 (1.1) (b) of the Representation Agreement Act if the member qualifies as a member of a class of persons prescribed under section 42 (2) (a) of that Act;
Section 18 (b) (i) BEFORE amended by 2009-13-240 and 2009-13-195,Sch 1, effective March 31, 2014 (BC Reg 148/2013).
(i) by which the testator directs the testator's estate to be distributed immediately on death,
Section 18 (b) (ii) BEFORE amended by 2009-13-195,Sch 1, effective March 31, 2014 (BC Reg 148/2013).
(ii) that provide that if the beneficiaries named in the will predecease the testator, there is a gift over to alternative beneficiaries vesting immediately on the death of the testator, or
Section 18 (b) (iii) BEFORE amended by 2024-26-314, effective May 16, 2024 (Royal Assent).
(iii) that provide for the assets of the deceased to vest in the beneficiary or beneficiaries as members of a class not later than the date when the beneficiary or beneficiaries or the youngest of the class attains majority;
Section 19 (a) BEFORE amended by 2023-10-741, effective March 30, 2023 (Royal Assent).
(a) act or hold himself or herself out as entitled to act as a notary public, or
Section 20 (2) and (7) BEFORE amended by 2008-39-66, effective January 1, 2009 (BC Reg 325/2008).
(2) If the special fund falls below $150 000, every member, on receipt of notice in writing from the secretary, must pay to the special fund in each practice year a sum set by the directors and the payments must be continued for each practice year until and including the practice year in which the special fund again reaches $150 000.
(7) If the special fund exceeds $150 000, the directors may invest and use the excess for the purposes of the society.
Section 27 (1) BEFORE amended by 2007-9-58, effective June 21, 2007 (BC Reg 226/2007).
(1) A panel of 3 or more members of the discipline committee may inquire into the conduct of members or former members, and for that purpose it has all the powers of a commissioner under Part 2 of the Inquiry Act.
Section 29 (3) BEFORE amended by 2022-6-17, effective March 31, 2022 (Royal Assent).
(3) A notice sent by registered mail is conclusively deemed to have been given by the committee and to have been received by the member or former member on the 14th day after deposit of the notice in the Canada Post Office at any place in Canada.
Section 40 (a) BEFORE amended by 2008-39-67, effective January 1, 2009 (BC Reg 325/2008).
(a) publish notice of the suspension or termination of membership at the earliest reasonable opportunity in the Gazette and in a newspaper circulating in the notarial district or area to which the member's practice is limited, and
Section 47 (1) BEFORE amended by 2008-39-68, effective January 1, 2009 (BC Reg 325/2008).
(1) An act done by a notary public must not be considered invalid or ineffectual only because it is done outside the notarial district or area to which the member's practice is limited, or is done contrary to a limitation or condition to which the person's enrollment or commission is subject.
Section 47 (1) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(1) An act done by a notary public must not be considered invalid or ineffectual only because it is done outside the geographic area to which the notary's practice is limited, or is done contrary to a limitation or condition to which the person's enrollment or commission is subject.
Section 48 (1) (c) BEFORE amended by 2008-39-69, effective January 1, 2009 (BC Reg 325/2008).
(c) if the person is a notary public, practise, except under section 9, outside the notarial district or area to which the person's practice is limited or practise in any way contrary to a limitation or condition to which the person's enrollment or commission is subject.
Section 48 (1) (c) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(c) if the person is a notary public, practise outside the geographic area to which the person's practice is limited or practise in any way contrary to a limitation or condition to which the person's enrollment or commission is subject.
Section 48 (1) (b) BEFORE amended by 2023-10-741, effective March 30, 2023 (Royal Assent).
(b) hold himself or herself out as authorized to act as a notary public without being authorized to do so under this Act, or
Section 52 (8) (a) BEFORE self-amended by RS1996-334-56(a), effective June 30, 2005.
(a) 50% to be paid to the Legal Services Society for legal aid;
Section 52 (8) (b) BEFORE self-repealed by RS1996-334-56(b), effective June 30, 2005.
(b) 5% to be paid into the special fund established under section 20;
Section 52 (10) BEFORE self-repealed by RS1996-334-56(b), effective June 30, 2005.
(10) Despite subsection (8) (b), if the special fund would, on or as a result of payment into it of money from the foundation under this section, exceed the minimum amount established under section 20, the amount by which it would exceed the minimum amount must instead be paid to the Legal Services Society.
Section 52 (7) BEFORE amended by 2015-1-97, effective June 24, 2015 (BC Reg 114/2015).
(7) The accounts of the foundation must be audited annually by a chartered accountant or certified general accountant appointed for that purpose by the directors.
Section 52 (1) (d) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(d) education and continuing education for notaries and applicants for enrollment as notaries;
Section 52 (8) (d) (ii) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(ii) education and continuing education for notaries and applicants for enrollment as notaries.
Section 52 (7) BEFORE amended by 2018-36-28, effective October 31, 2018 (Royal Assent).
(7) The accounts of the foundation must be audited annually by a chartered professional accountant appointed for that purpose by the directors.
Section 52 (1) (f) BEFORE repealed by 2022-6-18, effective March 31, 2022 (Royal Assent).
(f) contributions to the special fund established under this Act.
Section 54 (1) BEFORE amended by 2022-6-19, effective March 31, 2022 (Royal Assent).
(1) A member must deposit money received from or held for or on behalf of the member's clients generally in an interest bearing trust account at a savings institution referred to in section 23 (2).
Section 55 (2) (a) and (b) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(a) setting fees including fees for applications, examinations and enrollment and directing to whom they must be paid;
Section 58 (1) BEFORE amended by 2003-70-225, effective March 29, 2004 (BC Reg 64/2004).
(1) The secretary must issue a notary corporation permit to a corporation that is incorporated under the Company Act and is in good standing under that Act if the secretary is satisfied that
Section 58 (1) (c) (iv) BEFORE amended by 2011-25-417(a) and (b), effective March 18, 2013 (BC Reg 131/2012).
(iv) a child, as defined in the Family Relations Act, of a member who is a shareholder, or
Section 58 (1.1) (b) BEFORE amended by 2011-25-417(a) and (b), effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a period of at least 2 years.
Section 61 (1) and (2) BEFORE amended by 2004-38-23, effective January 17, 2005 (BC Reg 535/2004).
(1) The liability for professional negligence of a member carrying on the notarial practice is not affected by the fact that the member is carrying on that practice as an employee of a notary corporation.
(2) The relationship of a member to a notary corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the member of the provisions of this Act, the regulations and the bylaws.
Schedule BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
| MacBride | Village of MacBride | 1 |
Schedule BEFORE repealed by 2008-39-59, effective January 1, 2009 (BC Reg 325/2008).
| Notarial District | Area Covered by Notarial District | Number of Notaries Public |
| Abbotsford | District of Abbotsford | 2 |
| Armstrong | City of Armstrong | 1 |
| Burnaby | District of Burnaby | 8 |
| Campbell River | District of Campbell River | 5 |
| Cache Creek-Ashcroft | Village of Cache Creek and Village of Ashcroft | 1 |
| Castlegar | City of Castlegar | 1 |
| Chetwynd | Village of Chetwynd | 1 |
| Chilliwack | City and District of Chilliwack | 4 |
| Comox | Town of Comox | 1 |
| Coquitlam | District of Coquitlam, City of Port Coquitlam and City of Port Moody | 6 |
| Courtenay | City of Courtenay | 2 |
| Cranbrook | City of Cranbrook | 2 |
| Creston | Town of Creston | 1 |
| Dawson Creek | City of Dawson Creek | 2 |
| Delta | District of Delta | 5 |
| Duncan | City of Duncan and District of North Cowichan | 3 |
| Enderby | City of Enderby | 1 |
| Fort Nelson | Village of Fort Nelson | 1 |
| Fort St. John | City of Fort St. John | 2 |
| Gibsons | Village of Gibsons | 2 |
| Golden | Town of Golden | 1 |
| Grand Forks | City of Grand Forks | 1 |
| Greenwood | City of Greenwood | 1 |
| Gulf Islands | Saltspring, Galiano, North Pender and South Pender Islands | 2 |
| Hazelton | Village of Hazelton | 1 |
| Hope | Town of Hope | 1 |
| Houston | District of Houston | 1 |
| Hudsons Hope | District of Hudsons Hope | 1 |
| Kamloops | City of Kamloops | 4 |
| Kelowna | City of Kelowna | 7 |
| Keremeos | Village of Keremeos | 1 |
| Kent | District of Kent | 1 |
| Kimberley | City of Kimberley | 1 |
| Kitimat | District of Kitimat | 2 |
| Ladysmith | Town of Ladysmith | 1 |
| Lake Cowichan | Village of Lake Cowichan | 1 |
| Langley | City and the Corporation of the Township of Langley | 4 |
| Mackenzie | District of Mackenzie | 1 |
| Maple Ridge-Pitt Meadows | District of Maple Ridge and District of Pitt Meadows | 5 |
| Matsqui | District of Matsqui | 1 |
| McBride | Village of McBride | 1 |
| Merritt | Town of Merritt | 1 |
| Mission | District of Mission | 2 |
| Nanaimo | City of Nanaimo | 6 |
| Nelson | City of Nelson | 1 |
| New Westminster | City of New Westminster | 10 |
| North Vancouver | City and District of North Vancouver | 14 |
| One Hundred Mile House | Village of One Hundred Mile House | 1 |
| Osoyoos | Village of Osoyoos | 1 |
| Parksville | Town of Parksville | 1 |
| Pemberton | Village of Pemberton and Resort Municipality of Whistler | 1 |
| Penticton | City of Penticton | 2 |
| Port Alberni | City of Port Alberni | 2 |
| Powell River | District of Powell River | 2 |
| Prince George | City of Prince George | 6 |
| Prince Rupert | City of Prince Rupert | 2 |
| Princeton | Town of Princeton | 1 |
| Qualicum Beach | Village of Qualicum Beach | 1 |
| Quesnel | Town of Quesnel | 3 |
| Revelstoke | City of Revelstoke | 1 |
| Richmond | District of Richmond | 6 |
| Rossland | City of Rossland | 1 |
| Saanich | District of Saanich, District of Central Saanich and District of North Saanich | 4 |
| Salmon Arm | District of Salmon Arm | 2 |
| Sechelt | District of Sechelt | 2 |
| Sidney | Town of Sidney | 2 |
| Smithers | Town of Smithers | 1 |
| Sparwood | District of Sparwood | 1 |
| Squamish | District of Squamish | 1 |
| Summerland | District of Summerland | 1 |
| Surrey | District of Surrey | 9 |
| Terrace | District of Terrace | 2 |
| Trail | City of Trail | 2 |
| Ucluelet | Village of Ucluelet | 1 |
| Vancouver | City of Vancouver | 107 |
| Vanderhoof | Village of Vanderhoof | 1 |
| Vernon | City of Vernon | 4 |
| Victoria | City of Victoria, Township of Esquimalt and District of Oak Bay | 20 |
| West Vancouver | District of West Vancouver | 5 |
| White Rock | City of White Rock | 2 |
| Williams Lake | Town of Williams Lake | 1 |