After signing before a notary, the same question often comes up: where does the original document go, and how can you track it down years later if you need it? It's a legitimate concern, whether you've signed a deed of sale, a will, or a protection mandate. Understanding what the notary retains — and what gets handed over to the client — makes the whole process much less daunting.
The original stays with the notary: the logic of the minute
When a notarial act is signed, the original is called the minute. Contrary to what many people assume, this original is not given to you — it is retained by the notary who drafted it, who serves as its legal custodian.
What the client receives is a certified copy — a document that carries the same legal weight as the original and allows the client to exercise their rights. This distinction between the minute and the certified copy is far from trivial: it ensures that an official document cannot be accidentally lost, altered, or destroyed. If the certified copy provided to the client goes missing, the notary can produce a new one from the minute kept on file at the office.
What the law requires for document retention
Under the Notarial Act (CQLR, c. N-3), Quebec notaries are required to retain their minutes according to strict rules. The retention period is lengthy — generally spanning several decades — meaning that an act signed ten, twenty, or even thirty years ago can still be located. Me Petrulian can walk you through the specifics during your consultation if your situation involves an older act.
Documents kept in the client file
In addition to the minute itself, the office retains certain supporting documents used in the preparation of the act: copies of identification presented, relevant correspondence related to the file, and any other documents required depending on the nature of the act. It is worth noting that not every document provided to the notary for informational purposes necessarily forms part of the permanent file — some materials are used during the drafting process without being retained long-term.
What happens if the notary stops practising?
It's a question few people think to ask, but it's worth raising. If a notary retires, passes away, or otherwise ceases to practise, their minutes do not disappear along with them. The Notarial Act sets out clear rules governing the transfer of these archives: they are either entrusted to another notary or deposited with the Chambre des notaires du Québec, depending on the circumstances.
To locate an older act whose drafting notary is no longer in practice, you can contact the Chambre des notaires, which can direct you to the current custodian of the minutes. This process can sometimes take a little time, but the document generally remains accessible.
How to obtain a copy of an act held at the office
The process is generally straightforward. If the act was signed at Groupe Synergie Notaires, simply contact the office with the nature of the act and the approximate date of signing. The team will locate the minute and prepare a new certified copy. Turnaround time depends on current demand and how far back the file dates, but most routine requests are handled within a reasonable timeframe.
If the act was signed at a different office, the client must contact that office directly — or reach out to the Chambre des notaires if the notary is no longer in practice.
What to have on hand to speed up the search
To help move things along, it is useful to have the approximate date of the act, the names of the parties involved, and the type of document (deed of sale, will, mandate, etc.). This information allows the office to quickly locate the minute in its archives, whether physical or digitized.
In Laval as elsewhere in Quebec, document retention and archiving practices are governed by the same legal requirements — ensuring consistent access to older acts regardless of which office they were signed at.
Contact Groupe Synergie Notaires
For any questions about an act signed at Groupe Synergie Notaires, or to obtain a certified copy of a document held at our office, reach out to us at (514) 399-1009 or at info@gsnotaires.com. Me Petrulian and her team will get back to you promptly.
Frequently Asked Questions
Can I get the original of my notarial act back from the notary?
No — the original (called the minute) always remains in the possession of the drafting notary, who serves as its legal custodian. You receive a certified copy, which carries the same legal value.
How do I locate a notarial act if the notary has passed away or retired?
Quebec law provides for the transfer of minutes to another notary or to the Chambre des notaires du Québec. By contacting the Chambre des notaires du Québec, you can obtain information on who currently holds the archives of the notary in question.
How long is a notary required to keep my documents?
The Notarial Act imposes strict, long-term retention obligations — long enough that an act signed several decades ago should still be accessible in principle. For the exact timeframes applicable to your situation, it is best to consult your notary directly.
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.