Indemnity fund

Each year, billions of dollars pass through the trust accounts of notaries. In spite of stringent controls imposed by the Chambre des notaires, it can happen that a notary uses trust funds for purposes other than those for which they were entrusted to him.

In order to preserve the reputation for integrity enjoyed by the profession, the Chambre des notaires, in 1966, created a special fund, called the Indemnity Fund, designed to indemnify, in whole or in part, those persons who are the victims of such reprehensible conduct. All notaries contribute financially to the maintenance of the fund.

A claimant must file his claim in writing with the Secretary of the Indemnity Fund Committee, within one year of knowledge by the claimant of the act alleged. A claim must state in detail the dates and facts on which it is based, indicate the amount claimed, and include photocopies of all documents necessary for a proper evaluation.

The Indemnity Fund Committee evaluates all claims filed under the provisions of the Regulation and decides whether or not to grant, in whole or in part, claims not exceeding $10,000. All other claims are processed by the Administrative Committee of the Chambre des notaires, on the recommendation of the Indemnity Fund Committee.

Since October 31, 1996, the maximum indemnity payable per claim has been set at $100,000.

Unadvoidable delays

In accomplishing its task to protect the public, the Chambre des notaires is assisted by competent and diligent personnel. However, the time required to process requests for inquiries may sometimes appear long. Often this is due to the inherent complexity of the process. For example, the disciplinary system does not escape the multiplication of procedures resulting from the application of the charters of rights and freedoms which guarantee the respondent due process and the right to a full and complete defence.