Provincial gov’t proposes to amend Notaries Act
John Colebourn
Province
Notary public Jessie Vaid in his Delta office, which sports the notarial seal. Photograph by : Jon Murray, the Province
A red-hot real-estate market has been keeping notary Jessie Vaid very busy with his red seal.
Since graduating in 2004, Vaid has built a business to where he now has four assistants helping with his North Delta office.
“It is very busy,” said Vaid of his practice. “Anyone who is affiliated with construction and real estate is busy.”
While not complaining about the workload, Vaid, 32, notes there are added pressures as he builds up a clientele. “Now we have all these clients and now the challenge is to make sure each client gets the same level of service,” he said.
Much could change for Vaid and the other 322 notaries around B.C. if proposals by the Ministry of Attorney General to amend the Notaries Act go through. A consultation paper last month was passed on to the province’s notaries for review.
“The new legislation could significantly affect notaries,” said Vaid.
In Delta, only five notaries have offices under current regulations. “With the legislation right now I can only practise in Delta,” notes Vaid. “But with these new regulations there would be no boundaries.”
Wayne Braid, executive-director of the Society of Notaries Public of B.C., said his group has not yet taken a position on the proposed legislation. The 15-member society board will debate the merits of the proposed amendments at a meeting tomorrow. The B.C. government has asked for input by Friday.
“We don’t know how this new legislation would work out,” said Braid. “We will be drafting a response to this consultation paper.”
Ken Sherk, the society’s president, said the landscape for notaries has changed in the past 26 years.
“The requirements of the Trade, Investment and Labour Mobility Agreement between the governments of British Columbia and Alberta have created an interesting situation for B.C. notaries and the Society of Notaries Public of B.C.,” he said..
“The current legislation, which limits the number of notaries to 323 and to specific districts throughout the province, was put in place over 26 years ago. Since that time, British Columbia has grown in population. Some communities have lost significant population and new communities have sprung up.”
Sherk said the demographic changes “have resulted in many instances where a notary was not available to the residents.”
The consultation paper on amending the Notaries Act calls for the removal of set jurisdictions that limit a notary.
“It is highly unusual in today’s society to limit the number of persons that may practise in a particular field, and to limit the provision of services geographically,” it says, noting that the current restrictions could be seen “as creating an unfair monopoly for notaries public and contrary to market-demand principles.”
“Notarial districts create artificial borders that unnecessarily limit the provision of services. Additionally, a qualified applicant cannot be enrolled or practise until there is a vacancy, unless the applicant can demonstrate there is need for a notary public in an area outside of a notarial district. Even if a vacancy arises, the applicant may be competing with other applicants for the desired district.”
Despite the restrictions, Braid said the society receives more than 1,600 applications for the 20 to 25 spots for students each year.
The notary masters graduate course is open to anyone with an undergraduate university degree. This fall the program will be based out of Simon Fraser University.
The society advises students to budget abut $10,000 per year for tuition, legal and membership fees, enrolment dues, bonding, books and reference materials.
The chosen few take a 15- to 18-month course by long-distance education. Subjects range from estate planning and powers of attorney to mortgage refinancings and zoning applications.
The pressure to maintain high standards continues after notaries begin their practice. Their books are audited every two years and the society regularly dispatches a practice-inspection team.
LOOK AT SERVICES
B.C. notaries provide non-contentious legal services, including:
– All documents required at a public registry within B.C.
– Authorization of minor-child travel.
– Business purchase/sale.
– Certified true copies of documents.
– Commercial leases and assignment of leases.
– Contracts and agreements.
– Easements and rights of way.
– Estate planning.
– Insurance loss declarations.
– Manufactured home transfers.
– Marine bills of sale and mortgages.
– Passport application documentation.
– Powers of attorney.
– Residential and commercial real-estate transfers.
– Wills preparation.
– Zoning applications.
© The Vancouver Province 2007
