What Is a Pronotif Certified Notification/Email?

Pronotif is a service (online platform) for electronic notification. Its system ensures secure and reliable transmission of legal documents and notices. Pronotif allows the sender to serve documents and notices, while confirming through technology that the content has been received, viewed, or downloaded.

In the following decisions, the Tribunal administratif du logement has recognized the validity of Pronotif:

 

  1. Shah v. Edwards-Daugherty 2017 QCRDL 4287;
  2. DCV Properties v. Biaye 2017 QCRDL 15611;
  3. DCV Properties v El Hage 2017 QCRDL 15608;
  4. DCV Estates v. Kammoonah 2017 QCRDL 15609;
  5. DCV Estates v. Hamane 2017 QCRDL 15612;
  6. DCV Estates v. Horn 2017 QCRDL 15614;
  7. Immobilière Montérégienne IMR inc. v. Snoussi 2016 QCRDL 40347;
  8. Gestion double RR v. Quenneville 2016 QCRDL 42579;
  9. Immobilière montérégienne IMR inc. v. Colbert 2016 QCRDL 40853.

 

All transmissions via Pronotif instantly generate a Proof Report that contains a verification audit of the transmission. The report proves the transmission by clearly establishing, through the time stamp and email server confirmation, the exact second the recipients received, opened, and downloaded the email.

It is not necessary for the recipient to open the email in order for delivery to be confirmed. In other words, as soon as the email is successfully received by the recipient’s mail server (i.e. it is in the inbox), Pronouncement captures the confirmation from the mail server (the SMTP response) and enters it into the Confirmation Report.

The Report complies with the new Code of Civil Procedure of Quebec, as well as with the rules of procedure of other Canadian provinces and some American states.

In summary, the Report indicates:

  1. The name, nature, and page number of the documents served.
  2. The integrity of the documents: this is a computer code that confirms to the recipient that the document was transmitted without any alteration or intrusion during the transfer.
  3. The name and contact information of the sender and the recipient.
  4. The date and time (to the nearest second) that the email was received.
  5. The result of the transmission: Successfully transmitted, Opened, Downloaded, Re-bound, Blocked, etc.
  6. The SMTP response: The response from the recipient’s mail server confirming the status of the transmission.
  7. The IP address of the sender’s computer (or mobile device) as well as the one of the recipient. This is a unique identifier that indicates the location of the sender and the recipient.

When to Use Pronotif Certified Emails?

You can use Pronotif Certified Email services to send all official notices and documents to your tenants:

– Rent Increase Notices;

– Changes to the lease;

– Default of payment;

– RL-31 Slip;

– Complaints (noise, etc);

– Notice of non-compliance with lease conditions;

– Notice of default;

– Notice of refusal of lease transfer;

– Notice of major work or repairs;

– Repossession of the dwelling;

– Change of landlord or manager.

What Is a Consent Request?

A consent request is the simple act of agreeing to an action. In the context of Pronotif, the consent request will allow you to receive a person’s authorization to communicate with them through our Pronotif platform if they agree.

If the person refuses the consent request, you will have to contact them by another means.

Sending a notification

Here are the steps to follow to send a certified email:

1- From your Dashboard, click on the “Email Notification” button.

2-Choose your recipient(s) from your list or create a new recipient.

3-Write your message:

a-Add a reference text to properly organize your mailings.

b-Write your message or select one of the templates.

c-Add the attachment(s) you wish to send.

 

4-Options: Select additional options such as scheduling the sending date, email alerts, reminders to recipients, etc.

Optional: under the Collaborators section, enter the name(s) of the people you wish to give access to the full tracking of this certified email.

 

5-Verify your message and click on “Confirm and send”.

Organize your emails with the ``Reference`` field.

When sending a notification, use the “Reference” field to organize your mailings according to the type of notification.

Ex: Rent increase notice 2021

This will allow you to sort your notifications and have a better overview of your notifications.

Follow-up of a notification

Thanks to the Pronotif dashboard, you can stay informed of the activities related to your notifications.

On the right side, you will find a chronological list of all recent activities related to your mailings.

By clicking on an activity in the News Feed, you will be redirected to a page detailing all the information related to the mailing.

To obtain a complete list of all your submissions, click on the “Electronic Notifications” or “Consent Requests” tab where you will find all your submissions according to the selected category.

The proof report

This report is generated instantly by our servers for each recipient and can be found as a link in all emails, as well as on the Dashboard.

The Proof Report is used as proof for each notification and includes information about each transmission, opening, and download of an attachment (name, size, SHA256 integrity). The report also details the sender and recipient information, as well as the response from the email servers (SMTP). The SMTP response is actually the response that the recipient’s email server sends back, with a code that indicates whether the message was delivered, blocked, skipped due to the recipient not existing, etc.

This report, like a fax report, indicates that the email has been transmitted to the recipient’s server. However, it does not say anything about reading the email, just like a fax would print the document without being picked up by anyone. Knowing this, we have added in our services the possibility to validate if the notification has been opened and if the attached files have been downloaded by the recipients.

How can I confirm if my email has been read and if the file has been downloaded?

When you make a notification, the Pronotif technology allows you to track the progress of the notification and the recipient’s server. You can therefore determine if the email was forwarded, if the recipient opened your email and if he/she downloaded the attachments. All this is available in the Overview section.

 

Where are my files and who can download them?

When you add files as attachments to a Pronotif notification, they are not actually sent in an email. Your attachments are sent through a secure tunnel (HTTPS) to our servers. Once on Pronotif, the files are saved in a “secure container”, and only download links are included in an email to your recipients. These links will then lead to a web page that will allow recipients to download the document and verify its integrity (SHA256 key) if they wish.

Notification by Technological Means Under the New Code of Civil Procedure of Quebec

On January 1, 2016, the new Code of Civil Procedure of Quebec (“CCP”) came into force. While it includes a host of changes such as the development of a protocol of proceedings (formerly the timetable or agreement on the conduct of the proceedings), the simplification of expert opinions and the emphasis on mediation, one of the most exciting new features is notification by technological means (art. 133 and 134 CCP).

Indeed, from now on the notification (i.e.: service without a bailiff) of a document can be done by “transmitting the document to the address that the addressee indicates as the place where he agrees to receive it or to the one that is publicly known …”. Within the legal community, a colleague’s email address fits this criterion perfectly.

However, where the complexity arises is with respect to proof of service. The CCP indicates that this proof is made by means of a dispatch note (or failing that, an affidavit by the sender). This docket must indicate “the nature of the document transmitted, the court file number, the names of the sender and recipient and their contact information, as well as the place, date, time and minutes of the transmission (…)” The CPC further specifies that unless the transmission is made through a bailiff, the docket must also contain “the information necessary to enable the recipient to verify the integrity of the transmission.”

Obviously, a simple email does not meet these requirements; hence Pronotif’s innovation. We have developed the world’s first solution that allows landlords to directly notify their tenants while respecting the criteria of the new CPC (and the procedural rules of more than 20 jurisdictions around the world). Specifically, as soon as a user presses “Confirm & Send” via the web interface, Pronotif automatically generates a confirmation report that not only contains all the elements listed above, but also establishes the integrity of the transmission and the attached documents through an encryption process. Pronotif confirms the success and details of the transmission and provides you with an audit report containing the document specifics and time stamp.

Note: Pronotif is an application developed with the Quebec legal framework in mind. Users can also use it for transmissions outside Quebec, but caution is recommended until validation has been completed.

How Do I Demonstrate the Notification of an Application to the Tribunal Administratif du Logement?

The Pronotif service allows you to notify the other party of an application filed with the Tribunal administratif du logement. In fact, the Regulation respecting the procedure before the Tribunal allows the applicant (you in this case) to use a “notification” method to bring an application to the attention of the other party.

 

As this is a new service, not all decision-makers have had the opportunity to deal with cases where an applicant has chosen Pronotif to notify their application. Decision-makers vary in their familiarity with the technology, so some may be more skeptical than others. We would like to remind you that as it stands, the law allows for the use of this method of notification and there is no legal impediment to its use before the Tribunal administratif du logement.

Therefore, we strongly suggest that you use the following method in preparation for a hearing at the Tribunal. You should be aware that the administrator will ask you at the outset to show proof of your notice.

Therefore, you should print and attach:

  1. The tenant’s consent sheet (if handwritten) or, if applicable, the consent report obtained by Pronotif;
  2. The Pronotif evidence report associated with your notification (“Notification”);
  3. The confirmation sheet of the email transmission steps appearing in your Overview tab;
  4. The exhibit, notice, and document(s) attached to the secure email. Please note that this exhibit is named to the evidence report mentioned above.

Jurisprudence

Pronotif is fully justified considering the Quebec legal framework. The Code of Civil Procedure, adopted in 2014, describes notification as “any appropriate method that allows the person who gives notice to constitute proof of the delivery, sending, transmission or publication of the document, (…) in particular by a bailiff, by mail, by delivery of the document, by technological means, or by public notice”.

The Act to establish a legal framework for information technology (the “Act”) is the reference framework in this regard. This Act provides, among other things, that a document is a set of information carried by a medium, which can be rendered by any means of writing. In other words, the medium may be physical or technological and the manner in which it contains the information does not affect the definition of a record.

The Act further provides that the legal value of a record is not increased or decreased solely because a specific medium (physical or technological) has been chosen and that a record has the same value regardless of the medium used, as long as its integrity can be assured. Integrity means that it can be demonstrated that the information contained is not altered and is maintained in its entirety, with its medium providing the desired stability and permanence.

With respect to transmission, the Act is clear on the validity of a communication made by a technological mode.  First, it states that a document may be “transmitted, sent or forwarded by any mode of transmission appropriate to the medium” unless the law requires the exclusive use of a specific mode. There is nothing in the Residential Tenancies Act that requires a specific method.

But what about receipt? The Act states that a document is presumed to be received or delivered when it becomes available at the address that the recipient indicates is the location at which the recipient agrees to receive a document from him or her, so long as the address is active.

Pronouncement is of interest because the process it uses ensures the reliability of the information transmitted to the recipient and is a legally valid method of transmitting documents.

– In the following decisions, the Régie has recognized the validity of Pronotif.

  1. Shah v. Edwards-Daugherty 2017 QCRDL 4287;
  2. DCV Properties v. Biaye 2017 QCRDL 15611;
  3. DCV Properties v El Hage 2017 QCRDL 15608;
  4. DCV Estates v. Kammoonah 2017 QCRDL 15609;
  5. DCV Estates v. Hamane 2017 QCRDL 15612;
  6. DCV Estates v. Horn 2017 QCRDL 15614;
  7. Immobilière Montérégienne IMR inc. v. Snoussi 2016 QCRDL 40347;
  8. Gestion double RR v. Quenneville 2016 QCRDL 42579;
  9. Immobilière montérégienne IMR inc. v. Colbert 2016 QCRDL 40853.

Note: Pronotif is an application developed with the Quebec legal framework in mind. Users can also use it for shipments outside of Quebec, but caution is recommended as long as there has not yet been validation.

How Do I Create my Account?

To create a new Pronotif user account, click on “Registration” and fill in the fields.

Are you a member of CORPIQ? Enter the numbers on the back of your membership card to get your discounts.

You will receive a confirmation email to finalize the creation of your account. Click on the link to complete your account.

Forgot Your Password?

If you have forgotten your password, use the “Forgot your password?” link on the login page.

Then enter the email address you used when you created your account. A message allowing you to reset your password will be sent to this address.

How to Obtain the CORPIQ Member Discount

To obtain the CORPIQ member discount, it is essential to enter the 22 characters (M + 21 digits) on the back of your CORPIQ card.

Be careful not to enter your membership number when creating your account.

After creating your account

Select the “Settings” section in the menu:

 

Then go to the “My account” section and click on “CORPIQ”:

 

Insert the 22 characters (M + 21 digits) on the back of your card under CORPIQ. If your code is valid, an indication will be present under your number.

ATTENTION : Make sure you click on ” Save “.

Add Your Properties and Tenants

Use the property list to organize your recipient lists.

You can use our property import process directly via Microsoft Excel or use our form to add a new property and tenants one-by-one.

If you use our form:

1-Add a property: Enter your building information and click “Save”

2-Add the recipients in the tenants section by clicking on the “New Tenant” button and click on “Save”.

How Do I Save my Own Electronic Notification Template?

To create and save new templates for your account and/or your organization’s account, you must first have an administrator role on the account. If you don’t, contact the administrator(s) of your organization’s account and request a role change.

If you are an administrator, nothing could be easier, click on your first and last name at the top right of the screen.

Then click on “Settings” and “Templates”.

Once you are on the “Templates” page, all you have to do is click on “Create a new template”.

You can create up to 6 templates per type of activity.

How Do I Start Communicating with my Tenants by Pronotif Certified Email?

In order to ensure the success of Pronotif communication, the landlord must ensure that he/she obtains the tenant’s consent to use the email address for the transmission of communications. In addition, if the email address provided is non-existent, inactive, or inaccessible, the landlord will have to turn to another method of transmitting the document.

How Do I Obtain the Tenant's Consent?

It is recommended to obtain the email on the lease in section A

 

AND to attach a clause to the lease that authorizes the use of this email for all communications.

The parties agree to send/receive all notices relating to the lease (renewal notice, repossession notice, tax statement, formal notice, etc.) electronically to the emails indicated on the lease or by any other means of transmission accepted by law. However, it is the responsibility of each party to inform the other of any changes to its contact information as soon as possible.

It is possible during the course of the lease to obtain consent by email via Pronotif or by signing a letter:

Example of a consent request

Hello [Name of recipient],

To facilitate our exchanges, we would like to communicate with you by e-mail. We will use the Pronotif service as a secure and recognized environment. Thank you for agreeing to receive any notices and/or information at the following address: [Recipient Email].

By accepting, you confirm:

– That the email address used here is the correct one;

– That you agree to receive communications from us by e-mail at this address;

– That you will review all communications;

– That you will ensure that all communications arrive in the inbox and not in the spam folder*;

– That you are responsible for informing us of any change of email address as soon as possible;

-That you are responsible for notifying us of any change of email address as soon as possible .

*Pronotif takes every precaution to ensure that emails do not end up in the junk mail folder. Please make sure to add noreply@lexop.com to your list of accepted emails.

Thank you for your cooperation,

 

Note: Pronotif is an application developed with the Quebec legal framework in mind. Users can also use it for mailings outside of Quebec, but caution is recommended until validation has been completed.

Invoicing

To access your invoices:

1.Click on your first and last name at the top right of the screen (if you are on mobile, click on the menu then “Invoices”);

2.Click on “Invoicing”.

You will find your different invoices at the bottom of this page, click on one of them to view your invoice in Acrobat format (PDF). If you wish, you can download and/or print it according to your needs.

Consult the Use of Your Packages

It is possible to consult the use of your notifications by clicking on your available credits at the top right of your screen.

You can also access it by clicking on your first and last name (also on the top right) and then click on “Billing”.

If you are using Pronotif in mobile, go to the menu (top left) and click on “Invoices”.

Add Users to My Account Or to my Organization's Account

You can invite new users to use your Pronotif account on your behalf.

To do so, click on your first and last name at the top right of the screen.

Then click on “Settings” and go to “My account”, navigate to the “Users” sub-section and click on the “Invite a user” button.

Add the first name, last name, communication language and email. You will then have to choose the role of the user you wish to add.

Indeed, several roles can be assigned to a user:

– Member: does not have access to billing and cannot manage users;

– Billing Administrator: access to billing;

– Reports administrator: access to reports and statistics;

– Administrator: access to billing and can manage users.

 

Once the role of the person is defined, you will have to click on the “Invite” button. A confirmation email will be sent to the user.

 

WARNING: Make sure to use an email that you have control over if the user leaves in order to obtain access to the notifications made. To preserve the integrity of the data, there is no access between different users of the same account.

Delete a User From my Account or my Organization's Account

You can delete a user from your Pronotif account or from your organization’s account if you are the account administrator.

To do so, click on your first and last name at the top right of the screen.

Then click on “Settings” and go to “My Account”, navigate to the “Users” sub-section.

Search for the person you wish to delete. Once found, simply click on the trash can icon (on the far right of the user concerned).

 

WARNING: do not delete an account if you have notifications to keep.

Can I See the Activity for Each User on my Organization's Account?

First, you must be an administrator of the organization’s account. If you are not, approach your organization’s account administrator(s) and request a role change.

If you are an administrator, click on your first and last name at the top right of the screen.

Then click on “Settings” and then “Activities”.

You will see a report of activities by user in your organization. You will be able to see the number and the value of your sends and returns.

Is It Possible to Consult Sending Statistics?

Yes, click on your first and last name at the top right of the screen.

Then click on “Settings” then “Statistics”.

This will show you the statistics related to your account regarding email notifications and consent requests. You will be able to see the percentage of open rates for messages sent, opened, and downloaded attachments by the recipients of your mailings.

If you are an administrator or reporting administrator for your organization’s account, you will also be able to view statistics for the entire organization.