Notaries and artificial intelligence: secrecy, competence, prudence
Notaries handle some of the most sensitive information there is: estates, matrimonial regimes, assets, health. Here is how their obligations apply to AI tools.
Key points
- Notaries must keep absolutely secret the confidences they receive (Notaries Act, s. 14.1); they are released only by the client or by law.
- The Code of ethics of notaries requires written authorization to lift secrecy (s. 36) and requires notaries to ensure their staff disclose nothing (s. 40).
- The duty of competence (s. 5) includes understanding the tools used and their limits.
- Law 25 applies to a notarial practice as to any enterprise: PIA, provider contract, data outside Québec.
The notary's professional secrecy
- Notaries Act, s. 14.1: notaries must keep absolutely secret the confidences they receive; they are released only by the express or implied authorization of the person concerned, or by an express provision of law.
- Code of ethics of notaries, ss. 35 and 36: notaries are bound by professional secrecy and are released only by written authorization or by law.
- Ss. 38 to 40: they avoid indiscreet conversations, do not use confidential information to the client's prejudice or for an advantage, and ensure that people under their responsibility disclose nothing.
Entering an estate file or a draft marriage contract into a consumer AI tool means disclosing those confidences to a third party. Processing on the practice's own computer avoids the problem.
Competence and supervision
Notaries keep their knowledge up to date (s. 5) and adequately supervise their employees and collaborators (s. 12). Applied to AI: understand that a tool can produce a plausible but wrong answer, check every element, and govern how the practice's team uses it.
A notarial act engages the notary's liability. A draft prepared with AI remains a draft until the notary has checked it and made it their own.
Useful uses, to be governed
- Summarize a large file and build the chronology of deeds.
- Spot missing documents before a signing.
- Prepare a first draft of a letter or clause, to be reviewed.
- Find a provision of the Civil Code of Québec, with its source.
For client files, prefer processing on the practice's own computer or server, and keep outside research for questions that contain nothing identifying.
Law 25 in a notarial practice
A notarial practice is an enterprise under Québec's private-sector privacy Act. Adopting an AI tool that processes personal information requires a privacy impact assessment, and disclosing that information outside Québec also requires a written agreement.
See our guide to Law 25 and artificial intelligence and our PIA guide.
The Chambre des notaires' guidance
The Chambre des notaires du Québec oversees the technology solutions notaries use, including through a voluntary certification of providers. Check with the Chambre for its current guidance on AI and on the software you use.
For the rules that apply to lawyers, see our guide to legal AI in Québec and Canada.
Frequently asked questions
Can a notary use AI to prepare a deed?
Yes, as a drafting aid, provided the client's confidences are not exposed and the result is fully checked. The deed remains the notary's.
Is the client's verbal consent enough?
The Code of ethics of notaries provides for written authorization to release the notary from secrecy (s. 36). It is better not to need it, by keeping files within the practice.
Is Jurisync suitable for notaries?
Yes. Jurisync is offered to lawyers, notaries and articling students; we check membership in the professional order before opening access.
Sources
Official texts consulted for this guide. Always check the version in force.
This guide provides general information. It is not legal advice. Compliance remains each firm's responsibility.