How to file a complaint
Mission of the Cabinet du syndic
The mission of the Cabinet du syndic is to conduct enquiries to ensure that notaries abide by the provisions of the Professional Code, the Notarial Act and the regulations ensuing from them, namely the Code of Conduct.
Enquiry Request
If you are questioning the conduct of a notary, you may address yourself to the Cabinet du syndic. We will provide you with relevant information on the matter and advise you about the appropriateness of requesting an enquiry.
To do so, contact us by phone at the following numbers: 514 879-1793, extension 5913 or 1 800 263-1793, extension 5913.
Enquiry Request Process
Upon receipt of an enquiry request, the syndic will first assess its validity. If the request is deemed to be valid, the syndic will conduct an enquiry or mandate an associated syndic to do so.
The syndic has broad investigative powers in conducting its functions. In order to properly assess the situation, it may require that a notary provide all information or documentation deemed useful.
Depending on the nature of the charges and if the circumstances of a case so dictate, the syndic may suggest that the claimant and the notary undergo conciliation to come to a settlement that is acceptable to both parties.
The time required to complete an enquiry varies depending on the complexity of the case and the number of enquiries being held simultaneously. If an enquiry exceeds 90 days, the syndic must inform the plaintiff in writing of the progress of the enquiry. Thereafter, at 60-day intervals, the syndic must update the plaintiff on the progress of the enquiry until a decision is reached.
Once the enquiry is completed, the syndic will advise the claimant in writing whether it has decided to file a complaint against the notary before the Disciplinary Committee. If the syndic decides not to file a complaint and the claimant is dissatisfied with the reasons given, the latter may, within 30 days following receipt of the decision, seek the advice of the Review Committee. The request must be addressed to the Secretary of the Review Committee.
A person may also file a private complaint directly with the Disciplinary Committee. In such case, the person must assume the burden of proof of the charge against the notary and may be required to pay certain costs (bailiff or stenographic services, for example.)
Procedure for filing a complaint
To submit an enquiry request, complete the enquiry request form online or forward it by fax to 514 879-1589 or by mail to the following address:
Cabinet du syndic
Chambre des notaires du Québec
6001801 McGill College Avenue
Montréal, QC H3A 0A7