Section 36: Breach of rules of professional conduct
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
36. Breach of rules of professional conduct
(1) The Chamber may investigate any report made to it regarding an alleged breach of this Act, of the Code or of the rules of practice, and may,
subject to subsections (2), (3) and (4), determine that the notary shall be
reprimanded or severely reprimanded.
(2) The Chamber shall—
(a) attempt to reach an amicable settlement between the parties
concerned by a report under subsection (1); and
(b) afford the Syndic and the notary who is the subject of such a
report an opportunity to be heard.
(3) Where it appears to the Chamber, after such preliminary investigation
as it thinks fit, that there is a prima facie case of serious professional misconduct by a notary, it shall refer the matter to the Supreme Court for such
disciplinary action as it considers appropriate.
(4) (a) The Association may, following a report from the Chamber, determine that a member who has been sanctioned pursuant to subsection (1)
shall be suspended from membership for a period not exceeding 3 months
during which he shall not be entitled to practise.
(b) The Chamber shall thereupon designate another notary to be the
provisional administrator of the notary’s Office during that period.
(5) A notary may, within 21 days from the date on which a decision under subsection (1) or (4) is communicated to him, apply to the Supreme
Court for a judicial review of the decision.
PART VI – NOTARIES’ FEES
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Questions this section answers
- What can happen to a notary found to have acted improperly?
- Can a notary be suspended from practising?
- How long do I have to appeal a disciplinary decision to the Supreme Court?